Imperialism vs. International Law (XV)

EUSKAL HERRIA AND THE KINGDOM OF NABARRE, OR THE BASQUE PEOPLE AND ITS STATE, AGAINST FRENCH-SPANISH IMPERIALISM

 

XV – Imperialism vs. International Law

Iñaki Aginaga and Felipe Campo

Imperialism and colonialism have been constantly denounced and condemned by relevant United Nations’ General Assembly Resolutions as crimes against fundamental human rights. In its “Declaration on the Granting of Independence to Colonial Countries and Peoples,

“The General Assembly, [...] Recognizing the passionate yearning for freedom in all dependent peoples and the decisive role of such peoples in the attainment of their independence, Aware of the increasing conflicts resulting from the denial of or impediments in the way of the freedom of such peoples, which constitute a serious threat to world peace, [...], Recognizing that the peoples of the world ardently desire the end of colonialism in all its manifestations, Convinced that the continued existence of colonialism prevents the development of international economic co-operation, impedes the social, cultural and economic development of dependent peoples and militates against the United Nations ideal of universal peace, [...], Convinced that all peoples have an inalienable right to complete freedom, the exercise of their sovereignty and the integrity of their national territory, Solemnly proclaims the necessity of bringing to a speedy and unconditional end of the colonialism in all its forms and manifestations; And to this end Declares that:

1. The subjection of peoples to alien subjugation, domination and exploitation constitutes a denial of fundamental human rights, is contrary to the Charter of the United Nations and is a serious impediment to the promotion of world peace and co-operation.

2. All peoples have the right to self-determination; by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

3. Inadequacy of political, economic, social or educational preparedness should never serve as a pretext for delaying independence.

4. All armed action or repressive measures of all kinds directed against dependent peoples shall cease in order to enable them to exercise peacefully and freely their right to complete independence, and the integrity of their national territory shall be respected.

5. Immediate steps shall be taken, in Trust and Non-Self-Governing Territories or all other territories which have not yet attained independence, to transfer all powers to the peoples of those territories, without any conditions or reservations, in accordance with their freely expressed will and desire, without any distintion as to race, creed or colour, in order to enable them to enjoy complete independence and freedom.

6 Any attempt aimed at the partial or total disruption of the national unity and the territorial integrity of a country is incompatible with the purposes and principles of the Charter of the United Nations.

7 All States shall observe faithfully and strictly the provisions of the Charter of the United Nations, the Universal Declaration of Human Rights and the present Declarations on the basis of equality, non-interference in the internal affair of all States, and respect for the sovereign rights of all peoples and their territorial integrity.” [UNGAR 1514 (1960)]

Likewise,

“The General Assembly, Bearing in mind the principles relating to human rights and fundamental freedoms set forth in the Charter of the United Nations and proclaimed in the Universal Declaration of Human Rights, [...] 1. Deplores the continued violation of the fundamental rights and freedoms of the people of Tibet; 2. Reaffirms that respect for the principles of the Charter of the United Nations and of the Universal Declaration of Human Rights is essential for the evolution of a peaceful world order based on the rule of law;” etc. [UNGAR 2079 (1965)]

“The General Assembly, [...], Concerned at the politics followed by colonial Powers of circumventing the rights of colonial peoples through the promotion of the systematic influx of foreign immigrants and the displacement, deportation or transfer of the indigenous inhabitants, [...]; 12. Condemns the activities of those foreign financial and economic interests in colonial Territories, [...] which support colonial régimes and thus constitute a serious obstacle to the implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, and calls upon the Governments concerned to take the necessary measures to put an end to those activities; 13. Condemns the policies, pursued by certain administering Powers in the Territories under their administration, of imposing non-representative régimes and constitutions, strengthening the position of foreign financial and economic interests, misleading world public opinion, and encouraging the systematic influx of foreign immigrants while displacing, deporting and transferring the indigenous inhabitants to other areas, and calls upon those Powers to desist from such manoeuvres;” etc. [UNGAR 2189 (1966)]

UN General Assembly Resolution 2200 (NewYork, 16 December 1966) established the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, and the Optional Protocol to the International Covenant on Civil and Political Rights:

“A –The General Assembly, Considering that one of the purposes of the United Nations, as stated in Articles 1 and 55 of the Charter, is to promote universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to the race, sex, language or religion, [...], Recalling the proclamation by the General Assembly on 10 December 1948 of the Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, [...], 1. Adopts and opens for signature, ratification and accession the following international instruments, the texts of which are annexed to the present resolution: (a) The International Covenant on Economic, Social and Cultural Rights; (b) The International Covenant on Civil and Political Rights; (c) The Optional Protocol to the International Covenant on Civil and Political Rights; [...].

“ANNEX

“International Covenant on Economic, Social and Cultural Rights. Preamble.

“The States Parties to the present Covenant, Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundations of freedom, justice and peace in the world, Recognizing that these rights derive from the inherent dignity of the human person, [...], Agree upon the following articles: PART I Article 1 1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. 2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and International Law. In no case may a people be deprived of its own means of subsistence. 3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations. [...].

“International Covenant on Civil and Political rights. Preamble

“The States Parties to the present Covenant, Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Recognizing that these rights derive from the inherent dignity of the human person, Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights, [...] Agree upon the following articles: PART I Article 1 1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. 2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and International Law. In no case may a people be deprived of its own means of subsistence. 3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations. PART II [...] Article 5 1. Nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms recognized herein or at their limitation to a greater extent than is provided for in the present Covenant. PART III [...] Article 14 1.All persons shall be equal before the courts and tribunals. [...] Article 19 1. Everyone shall have the right to hold opinions without interference. 2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. 3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, [...] (a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order (ordre public), or of public health or morals. [...]. Article 21 The right of peaceful assembly shall be recognized. [...]. Article 22 1. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests. [Incidentally, this last article either is pleonastic, or it does implicitly establish the possibility of an “association with oneself” whose meaning we cannot catch, since the otherness is condition of any association and any right.] 2. No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on members or the armed forces and of the police in their exercise of this right. 3. Nothing in this article shall authorize States Parties to the International Labour Organization Convention of 1948, concerning Freedom of Association and Protection of the Right to Organize, to take legislative measures which would prejudice, or to apply the lay in such a manner as to prejudice, the guarantees provided for in that Convention. [...]. PART IV [...]. Article 40 1. The States Parties to the present Covenant undertake to submit reports on the measures they have adopted which give effect to the rights recognized herein and of the progress made in the enjoyment of those rights: [...]. PART V Article 46 Nothing in the present Covenant shall be interpreted as impairing the provisions of the Charter of the United Nations and of the constitutions of the specialized agencies which define the respective responsibilities of the various organs of the United Nations and of the specialized agencies in regard to the matters dealt within the present Covenant. Article 47 Nothing in the present Covenant shall be interpreted as impairing the inherent right of all peoples to enjoy and utilize fully and freely their natural wealth and resources.” Etc.

“B. The General Assembly, Considering that the text of the International Covenant on Economic, Social and Cultural Rights, the text of the International Covenant on Civil and Political Rights and the text of the Optional Protocol to the International Covenant on Civil and Political Rights should be made known throughout the world, 1. Requests the Governments of States and non-governmental organization to publicize the text of these instruments as widely as possible, using every means at their disposal, including all the appropriate media of information; 2. Requests the Secretary-General to ensure the immediate and wide circulation of these instruments and, to that end, to publish and distribute the text thereof.” Etc. [UNGAR 2200 (1966); International Covenants on Human Rights.]

It is clear that if these and many other norms had effectively been observed, the Spanish Francoist régime would have never entered the United Nations; yet the rules of their Organization were made not to be complied with, and from its official statements to hypocrisy, trickery and deceit there was not even a single step.

The right of self-determination or independence of all Peoples (RSD) includes economic, social and cultural freedom. The imperialistic and colonialist Powers do practice plunder of natural resources in a manner inconsistent with the RSD, which implies the permanent sovereignty of the peoples over their means of production and consumption:

“The General Assembly, Noting that the right of peoples and nations to self-determination [...] includes ‘permanent sovereignty over their natural wealth and resources’, [...] 1. Decides to establish a Commission [...] to conduct a full survey of the status of this basic constituent of the right of self-determination” etc. [UNGAR 1314 (1958)]

“The General Assembly, [...] Affirming that peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and International Law, [...] Declares that: 1. The subjection of peoples to alien subjugation, domination and exploitation constitutes a denial of fundamental human rights, is contrary to the Charter of the United Nations and is an impediment to the promotion of world peace and co-operation. 2. All peoples have the right to self-determination; by virtue of that right they freely determine their political statt1s and freely pursue their economic, social and cultural development. 3. Inadequacy of political, economic, social or edu- cational preparedness should never serve as a pretext for delaying independence. 4. All armed action or repressive measures of all kinds directed against dependent peoples shall cease in order to enable them to exercise peacefully and freely their right to complete independence, and the integrity of their national territory shall be respected.” Etc. [UNGAR 1514 (1960)]

“The General Assembly, [...] 1. Reiterates that a prime duty of the United Nations is to accelerate the economic and social advancement of the less developed countries of the world, thus contributing to safeguarding their independence and helping to close the gap in standards of living between the more developed and the less developed countries; [...] 5. Reccommends further that the sovereign right of every State to dispose of its wealth and its natural resources should be respected in conformity with the rights and duties of States under international law;” etc. [UNGAR 1515 1960]

“The General Assembly, [...] Bearing in mind its resolution 1314 (XIII) of 12 December 1958, by which it established the Commission on Permanent Sovereignty over Natural Resources and instructed it to conduct a full survey of the status of permanent sovereignty over natural wealth and resources as a basic constituent of the right to self-determination [...] Declares that: 1. The right of peoples and nations to permanent sovereignty over their natural wealth and resources must be exercised in the interest of their national development and of the well-being of the people of the State concerned.” Etc. [UNGAR 1803 (1962)]

“The further Declaration on the Establishment of a New International Economic Order and the related Programme of Action (resolutions 3201 [S-VI] and 3202 [S-VI] of 1 May 1974), and the Charter of Economic Rights and Duties of States (resolution 3281 [XXIX] of 12 December 1974) are demonstrations of the prophetic quality of resolution 1514 (XV), in providing an inevitable legal linkage between self-determination and its goal of decolonisation, and a postulated new international law-based right of freedom also in economic self-determination.” (Edward McWhinney.)

“The General Assembly, [...] 5. Reaffirms that any measure or pressure directed against any State while exercising its sovereign right freely to dispose of its natural resources constitutes a flagrant violation of the right of self-determination of peoples and the principle of non-intervention, as set forth in the Charter, which, if pursued, would constitute a threat to international peace and security;” etc. [UNGAR 32/154 (1977)]

“The General Assembly, [...] Proclaims the following Declaration on the Right to Development: Article 1 [...] 2. The human right to development also implies the full realization of the right of peoples to self-determination, which includes, subject to the relevant provisions of both International Covenants on Human Rights, the exercise of their inalienable right to full sovereignty over all the natural wealth and resources.” Etc. [UNGAR 41/128 (1986)]

In October 1970, the General Assembly adopted the “Programme of action for the full implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples” (A/RES/2621):

“The General Assembly, Having decided to hold a special commemorative session on the occasion of the tenth anniversary of the Declaration on the Granting of Independence to Colo- nial Countries and Peoples, [...], Reaffirming that all peoples have the right to self- determination and independence and that the subjection of the peoples to alien domination constitutes a serious impediment to the maintenance of international peace and security and the development of peaceful relations among nations, 1. Declares the further continuation of colonialism in all its forms and manifestations a crime which constitutes a violation of the Charter of the United Nations, the Declaration on the Granting of Independence to Colonial Countries and Peoples and the principles of international law; 2. Reaffirms the inherent right of colonial peoples to struggle by all necessary means at their disposal aaainst colonial Powers which suppress their aspiration for freedom and independence; 3. Adopts the following programme of action to assist in the full implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples: [...] (2) Member States shall render all necessary moral and material assistance to the peoples of colonial Territories in their struggle to attain freedom and independence. (3) (a) Member States shall intensify their efforts to promote the implementation of the resolutions of the General Assembly and the Security Council relating to Territories under colonial domination.” Etc. [UNGAR 2621 (1970)]

As established in the “Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations” [Resolution 2625 (XXV)]:

“The General Assembly, Recalling its resolutions 1815 (XVII) of 18 December 1962, 1966 (XVIII) of 16 December 1963, 2103 (XX) of 20 December 1965, 2181 (XXI) of 12 December 1966, 2327 (XXII) of 18 December 1967, 2463 (XXIII) of 20 December 1968 and 2533 (XXIV) of 8 December 1969, in which it affirmed the importance of the progressive development and codification of the principles of International Law concerning friendly relations and co-operation among States, [...], Emphasizing the paramount importance of the Charter of the United Nations for the maintenance of international peace and security and for the development of Friendly relations and Co-operation among States, [...], 1. Approves the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, the text of which is annexed to the present resolution; [...] 3. Recommends that all efforts be made so that the Declaration becomes generally known.” [UNGAR 2625 (XXV)]

And in the mentioned text annexed is stated as follows:

“The General Assembly, [...], Convinced that the subjection of peoples to alien subjugation, domination and exploitation constitutes a major obstacle to the promotion of international peace and security, Convinced that the principle of equal rights and self-determination of peoples constitutes a significant contribution to contemporary International Law, and that its effective application is of paramount importance for the promotion of friendly relations among States, based on respect for the principle of sovereign equality, [...],

1. Solemnly proclaims the following principles:

         The principle that States shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations [...].

   A war of aggression constitutes a crime against the peace for which there is responsibility under International Law. [...]

   Every State has the duty to refrain from any forcible action which deprives peoples referred to in the elaboration of the principle of equal rights and self-determination of their right to self-determination and freedom and independence.

   Every State has the duty to refrain from organizing or encouraging the organization of irregular forces or armed banda, including mercenaries, for incursion into the territory of another State. [...].

   [...] No territorial acquisition resulting from the threat or use of force shall be recognized as legal. [...].

   Nothing in the foregoing paragraphs shall be construed as enlarging or diminishing in any way the scope of the provisions of the Charter concerning cases in which the use of force is lawful.

         The principle that States shall settle their international disputes by peaceful means in such a manner that international peace and security and justice are not endangered [...].

         The principle concerning the duty not to intervene in matters within the domestic jurisdiction of any State, in accordance with the Charter [...].

   The use of force to deprive peoples of their national identity [which includes acts of hostility directed against historical monuments, works of art or places of worship which constitute the cultural or spiritual heritage of Peoples] constitutes a violation of their inalienable rights and of the principle of non-intervention. [...].

         The duty of States to co-operate with one another in accordance with the Charter [...].

         The principle of equal rights and self-determination of peoples

   By virtue of the principle of equal rights and self-determination of peoples enshrined in the Charter of the United Nations, all peoples have the right freely to determine, without external interference, their political status and to pursue their economic, social and cultural development, and every State has the duty to respect this right in accordance with the provisions of the Charter.

   Every State has the duty to promote, through joint and separate action, realization of the principle of equal rights and self-determination of peoples, in accordance with the provisions of the Charter, and to render assistance to the United Nations in carrying out the responsibilities entrusted to it by the Charter regarding the implementation of the principle, in order:

   (a) To promote friendly relations and co-operation among States; and

   (b) To bring a speedy end of colonialism, having due regard to the freely expressed will of the peoples concerned;

and bearing in mind that subjection of peoples to alien subjugation, domination and exploitation constitutes a violation of the principle, as well as a denial of fundamental human rights, and is contrary to the Charter.

   Every State has the duty to promote through joint and separate action universal respect for and observance of human rights and fundamental freedoms in accordance with the Charter.

   The establishment of a sovereign and independent State, the free association or integration with an independent State, or the emergence into any other political status freely determined by a people constitute modes of implementing the right of self-determination by that people.

   Every State has the duty to refrain from any forcible action which deprives peoples referred to above in the elaboration of the present principle of their right to self-determination and freedom and independence. In their actions against, and resistance to, such forcible action in pursuit of the exercise of their right to self-determination, such peoples are entitled to seek and to receive support in accordance with the purposes and principles of the Charter.

   The territory of a colony or other Non-Self-Governing Territory has, under the Charter, a status separate and distinct from the territory of the State administering it; and such separate and distinct status under the Charter shall exist until the people of the colony or Non-Self-Governing Territory have exercised their right of self-determination in accordance with the Charter, and particularly its purposes and principles.

   Nothing in the foregoing paragraphs shall be construed as authorizing or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States conducting themselves in compliance with the principle of equal rights and self-determination of peoples as described above [...].

   Every State shall refrain from any action aimed at the partial or total disruption of the national unity and territorial integrity of any other State or country.

             The principle of sovereign equality of States [...].

         The principle that States shall fulfil in good faith the obligations assumed by them in accordance with the Charter[...]”.

And in the GENERAL PART,

“2. Declares that: In their interpretation and application the above principles are interrelated and each principle should be construed in the context of the other principles.

   Nothing in this Declaration shall be construed as prejudicing in any manner the provisions of the Charter or the rights and duties of Member States under the Charter or the rights of peoples under the Charter, taking into account the elaboration of these rights in this Declaration.

 3. Declares further that: The principles of the Charter which are embodied in this Declaration constitute basic principles of international law, and consequently appeals to all States to be guided by these principles in their international conduct and to develop their mutual relations on the basis of the strict observance of these principles.” [UNGAR 2625 (1970)]

Shortly afterwards, a new General Assembly Resolution reaffirmed once again the purposes and principles of the UN Charter:

“The General Assembly, [...] 2. Calls upon to adhere strictly in their international relations to the purposes and principles of the Charter, including the principle that States shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State or in any other manner inconsistent with the purposes of the United Nations; the principle that States shall settle their international disputes by peaceful means in such a manner that international peace and security and justice are not endangered; [...] the principle of equal rights and self-determination of peoples; [...] 4. Solemnly reaffirms that States must fully respect the sovereignty of other States and the right of peoples to determine their own destinies, free of external intervention, coercion or constraint, especially involving the threat or use of force, overt or covert, and refrain from any attempt aimed at the partial or total disruption of the national unity and territorial integrity of any other State or country; [...] 14. Recommends that Member States support the efforts of the Special Committee on the Question of Defining Aggression to bring its work to a successful conclusion, thus achieving the definition of aggression as soon as possible; [...] 19. Affirms its belief that there is a close connexion between the strengthening of international security, disarmament and the economic development of countries, so that any progress made towards any of these objectives will constitute progress towards all of them; [...] 22. Solemnly reaffirms that universal respect for and full exercise of human rights and fundamental freedoms and the elimination of the violation of those rights are urgent and essential for the strengthening of international security, and hence resolutely condemns all forms of oppression, tyranny and discrimination, particularly racism and racial discrimination, wherever they occur;” etc. [UNGAR 2734 (1970)]

Finally, the United Nations’ Organization was able – twenty-nine years after the end of World War II and its own creation – to reach a consensus on the definition of aggression:

“The General Assembly, [...], Deeply convinced that the adoption of the Definition of Aggression would contribute to the strengthening of international peace and security, 1. Approves the Definition of Aggression, the text of which is annexed to the present resolution; [...]; 3. Calls upon all States to refrain from all acts of aggression and other uses of force contrary to the Charter of the United Nations and the Declaration of Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations; [...].

ANNEX Definition of Aggression

The General Assembly, Basing itself on the fact that one of the fundamental purposes of the United Nations is to maintain international peace and security and to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, [...], Considering also that, since aggression is the most serious and dangerous form of the illegal use of force, being fraught, in the conditions created by the existence of all types of weapons of mass destruction, with the possible threat of a world conflict and all its catastrophic consequences, aggression should be defined at the present stage, Reaffirming the duty of States not to use armed force to deprive peoples of their right to self-determination, freedom and independence, or to disrupt territorial integrity, [...], Reaffirming also that the territory of a State shall not be violated by being the object, even temporarily, of military occupation or of other measures of force taken by another State in contravention of the Charter, and that it shall not be the object of acquisition by another State resulting from such measures or the threat thereof, [...], Convinced that the adoption of a definition of aggression ought to have the effect of deterring a potential aggressor, would simplify the determination of acts of aggression and the implementation of measures to suppress them and would also facilitate the protection of the rights and lawful interests of, and the rendering of assistance to, the victim, [...], Adopts the following definition of Aggression: Article 1 Aggression is the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations, as set out in this Definition. Explanatory note: In this Definition the term ‘State’: (a) is used without prejudice to questions of recognition or to whether a State is a member of the United Nations; (b) Includes the concept of a “group of States” where appropriate. Article 2 The first use of armed force by a State in contravention of the Charter shall constitute prima facie evidence of an act of aggression although the Security Council may, in conformity with the Charter, conclude that a determination that an act of aggression has been committed would not be justified in the light of other relevant circumstances, including the fact that the acts concerned or their consequences are not of sufficient gravity. Article 3 Any of the following acts, regardless of a declaration of war, shall, subject to and in accordance with the provisions of article 2, qualify as an act of aggression: (a) The invasion or attack by the armed forces of a State of the territory of another State, or any military occupation, or any annexation by the use of force of the territory of another State or part thereof; [...] (g) The sending by or on behalf of a State of armed bands, groups, irregulars or mercenaries, which carry out acts of armed force against another State of such gravity as to amount to the acts listed above, or its substantial involvement therein. [...]. Article 5 [...]. 2. A war of aggression is a crime against international peace. Aggression gives rise to international responsibility. 3. No territorial acquisition or special advantage resulting from aggression is or shall be recognized as lawful. [...]. Article 6 Nothing in this Definition shall be construed as in any way enlarging or diminishing the scope of the Charter, including its provisions concerning cases in which the use of force is lawful. Article 7 Nothing in this definition, and in particular article 3, could in any way prejudice the right to self-determination, freedom and independence, as derived from the Charter, of peoples forcibly deprived of that right and referred to in the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, particularly peoples under colonial and racist régimes or other forms of alien domination; nor the right of these peoples to struggle to that end and to seek and receive support, in accordance with the principles of the Charter and in conformity with the above-mentioned Declaration. Article 8 In their interpretation and application the above provisions are interrelated and each provision should be construed in the context of the other provisions.” [UNGAR 3314 (1974)]

Due to ignorance, bad faith or deliberate duplicity, the “specialists” of the imperialism do invoke – among others – this Resolution with a special predilection, in order to justify the claim that “the territory of a State shall not be violated” and deny the RSD of the subjugated and conquered Peoples and States. But this proclaimed defence of the “inviolability” of a State (as well as that one established in previous Resolutions, which forbid “any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States”) is explicitly and immediately referred in those same Resolutions to States “conducting themselves in compliance with the principle of equal rights and self-determination of peoples” [UNGAR 2625 (1970)].

It is enough to just go on reading, to verify that there is no in this and other numerous similar texts contradiction, subordination or collision between rights but tautological implication among them: “Article 6 Noting in this Definition [of Aggression] shall be construed as in any way enlarging or diminishing the scope of the Charter, including its provisions concerning cases in which the use of force is lawful.”

There is no any alleged “inviolability” of imperialistic States, when it comes to establishing the legitimacy of the armed struggle for the Peoples’ liberation against those States that keep them subjugated. The Resolution on “Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples” makes clear its position on the matter, affirming not only that legitimacy bur that national liberation movements must be supported by all States:

The General Assembly, [...] Bearing in mind that the preservation of colonialism and its manifestations, including racism and apartheid, and the attempts of some colonial Powers to suppress national liberation movements by repressive activities and the use of armed force against peoples are incompatible with the Charter and the Declaration [on the Granting of Independence etc.], [...] 7. Reaffirms its recognition of the legitimacy of the struggle of the peoples under colonial rule to exercise their right to self-determination and independence and urges all States to provide material and moral assistance to the national liberation movements in colonial Territories;” etc. [UNGAR 2189 (1966)]

And then, in the “Programme of action for the full implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples”, the text runs similarly:

“The General Assembly, [...], Reaffirming that all peoples have the right to self-determination and independence and that the subjection of the peoples to alien domination constitutes a serious impediment to the maintenance of international peace and security and the development of peaceful relations among nations, 1. Declares the further continuation of colonialism in all its forms and manifestations a crime which constitutes a violation of the Charter of the United Nations, the Declaration on the Granting of Independence to Colonial Countries and Peoples, and the principles of international law; 2. Reaffirms the inherent right of colonial peoples to struggle by all necessary means at their disposal against colonial Powers which suppress their aspiration for freedom and independence; 3. Adopts the following programme of action to assist in the full implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples: [...] (2) Member States shall render all necessary moral and material assistance to the peoples of colonial Territories in their struggle to attain freedom and independence” [...] (6 a) All freedom fighters under detention shall be treated in accordance with the relevant provisions of the Geneva Convention relative to the Treatment of Prisoners of War, of 12 August 1949.” Etc. [UNGAR 2621 (1970)]

Even in the Resolution on the “Measures to prevent international terrorism”, the right of the subjugaded Peoples to struggle for their self-determination or independence is perfectly safe-guarded:

“The General Assembly, [...] 3. Reaffirms the inalienable right to self-determination and independence of all peoples under colonial and racist régimes and other forms of alien domination and upholds the legitimacy of their struggle, in particular the struggle of the national liberation movements, in accordance with the purposes and principles of the Charter and the relevant resolutions of the organs of the United Nations;” etc. [UNGAR 3034 (1972)]

And the following year, in the Resolution on the “Basic principles of the legal status of the combatants struggling against colonial and alien domination and racist régimes”, it is also reaffirmed de criminal nature of colonialism and of its maintenance, as well as the characteristic of international – and not “internal” – conflict of the struggleds of the subjugated Peoples for their liberation:

“The General Assembly, [...] Reaffirming that the continuation of the colonialism in all its forms and manifestations, as noted in General Assembly resolution 2621 (XXV) of 12 October 1970, is a crime and that colonial peoples have the inherent right to struggle by all necessary means at their disposal against colonial Powers and alien domination in exercise of their right of self-determination recognized in the Charter of the United Nations and the Declaration of Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, 18 [Resolution 2625 (XXV), annex.], [...], Reaffirming the declarations made in General Assembly resolutions 2548 (XXIV) of 11 December 1969 and 2708 (XXV) of 14 December 1970 that the practice of using mercenaries against national liberation movements in the colonial Territories constitutes a criminal act, Recalling the numerous appeals of the General Assembly to the colonial Powers and those occupying foreign territories as well as to the racist régimes set forth, inter alia, in resolutions 2383 (XXIII) of 7 November 1968, 2508 (XXIV) of 21 November 1969, 2547 (XXIV) of 11 December 1969, 2652 (XXV) of 3 December 1970, 2678 (XXV) of 9 December 1970, 2707 (XXV) of 14 December 1970, 2795 (XXVI) and 2796 (XXVI) of 10 December 1971, and 2871 (XXVI) of 20 December 1971, to ensure the application to the fighters for freedom and self-determination of the provisions of the Geneva Convention relative to the Treatment of Prisoners of War, of 12 August 1949, and the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, [...], Noting that the treatment of the combatants struggling against colonial and alien domination and racist régimes captured as prisoners still remains inhuman, Recalling its resolutions 2674 (XXV) of 9 December 1970 and 2852 (XXVI) of 20 December 1971, in which it pointed out the need for the elaboration of additional international instruments and norms envisaging, inter alia, the increase of the protection of persons struggling for freedom against colonial and alien domination and racist régimes, Solemnly proclaims the following basic principles of the legal status of the combatants struggling against colonial and alien domination and racist régimes without prejudice to their elaboration in future within the framework of the development of International Law applying to the protection of human rights in armed conflicts: 1. The struggle of peoples under colonial and alien domination and racist régimes for the implementation of their right to self-determination and independence is legitimate and in full accordance with the principles of International Law. 2. Any attempt to suppress the struggle against colonial and alien domination and racist régimes is incompatible with the Charter of the United Nations, the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, the Universal Declaration of Human Rights and the Declaration on the Granting of Independence to Colonial Countries and Peoples 21 [Resolution 1514 (XV)], and constitutes a threat to international peace and security. 3. The armed conflicts involving the struggle of peoples against colonial and foreign domination and racist régimes are to be regarded as international armed conflicts in the sense of the 1949 Geneva Conventions, and the legal status envisaged to apply to the combatants in the 1949 Geneva Conventions and other international instruments is to apply to the persons engaged in armed struggle against colonial and alien domination and racist régimes. 4. The combatants struggling against colonial and alien domination and racist régimes captured as prisoners are to be accorded the status of prisoners of war and their treatment should be in accordance with the provisions of the Geneva Convention relative to the Treatment of Prisoners of War, of 12 August 1949. 5. The use of mercenaries by colonial and racist régimes against the national liberation movements struggling for their freedom and independence from the yoke of colonialism and alien domination is considered to be a criminal act and the mercenaries should accordingly be punished as criminals. 6. The violation of the legal status of the combatants struggling against colonial and alien domination and racist régimes in the course of armed conflicts entails full responsibility in accordance with the norms of International Law.” [UNGAR 3103 (1973)]

In the “Declaration on the Deepening and Consolidation of International Détente”, the General Assembly does once again show its determination for the liberation of the subjugated Peoples:

The General Assembly, Adopts the following Declaration: The State Members of the United Nations, [...] Convinced also of the need to eliminate all forms of aggression, foreign occupation and interference in the internal affairs of other States, to ensure respect for human rights, to eliminate colonialism through the free exercise of the right of self-determination, and to eradicate racism and apartheid and other forms of injustice, [...] Declare their determination: [...] 6. To ensure the free exercise of the right of the peoples under colonial and alien domination to self-determination and to promote majority rule,” etc. [UNGAR 32/155 (1977)]

Similarly, and in view of the increase in acts of international terrorism:

“The General Assembly, Deeply perturbed over acts of international terrorism which are occurring with increasing frequency and which take a toll of human lives, [...], 1. Expresses deep concern over increasing acts of international terrorism which endanger or take innocent human lives or jeopardize fundamental freedoms; 2. Urges States to continue to seek just and peaceful solutions to the underlying causes which give rise to such acts of violence; 3. Reaffirms the inalienable right to self-determination and independence of all peoples under colonial and racist régimes and other forms of alien domination, and upholds the legitimacy of their struggle, in particular the struggle of national liberation movements, in accordance with the purposes and principles of the Charter and the relevant resolutions of the organs of the United Nations; 4. Condemns the continuation of repressive and terrorist acts by colonial, racist and alien régimes in denying peoples their legitimate right to self-determination and independence and other human rights and fundamental freedoms;” etc. [UNGAR 32/147 (1977)]

There is, therefore, no inviolability whatsoever for imperialistic and colonialist States. On the contrary, it is criminal and terrorist the inhumane treatment of combatants fighting against alien domination and racist régimes that, captured as prisoners, are denied legal status under the Geneva Conventions and other International Instruments that should apply to persons involved in armed struggles against colonial and alien domination and the racist régimes, “even if that Party is represented by a Government or an authority not recognized by an adverse Party”. (Article 43 of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts [Protocol I], 8 June 1977.)

The fight against colonial domination can be done “by all means possible or available, particularly the armed struggle”:

“The General Assembly, [...] Reaffirming the importance of the universal realization of the right of peoples to self-determination, national sovereignty and territorial integrity and of the speedy granting of independence to colonial countries and peoples as imperatives for the full enjoyment of all human rights, 1. Calls upon all States to implement fully and faithfully the resolutions of the United Nations regarding the exercise of the right to self-determination by peoples under colonial and alien domination; 2. Reaffirms the legitimacy of the struggle of peoples for independence, territorial integrity, national unity and liberation from colonial and foreign domination and foreign occupation BY ALL AVAILABLE MEANS, PARTUCULARLY ARMED STRUGGLE;” etc. [UNGAR 33/24 (1978) Emphasis added.]

From its very beginning, already in Resolution 3 of the General Assembly entitled “Extradition and Punishment of War Criminals”, the International Law formulated by the UN since the Second World War was focused on the definition of crimes of war and the crimes against peace and against humanity, as contained in the Statute (Charter) of the Nuremberg Tribunal:

“The General Assembly: [...]; taking note of the laws and usages of warfare established by the fourth Hague Convention of 1907; taking note of the definition of war crimes and crimes against peace and against humanity contained in the Charter of the International Military Tribunal dated 8 August 1945; believing that certain war criminals continue to evade justice in the territories of certain States; recommends that Members of the United Nations forthwith take all the necessary measures to cause the arrest of those war criminals who have been responsible for of have taken a consenting part in the above crimes, and to cause them to be sent back to the countries in which their abominable deeds were done, in order that they may be judged and punished according to the laws of those countries; and calls upon the governments of States which are not Members of the United Nations also to take all necessary measures for the apprehension of such criminals in their respective territories with a view to their immediate removal to the countries in which the crimes were committed for the purpose of trial and punishment according to the laws of those countries.” [UNGAR 3 (13 February 1946)]

Naturally, these provisions did not reach the genocidal dictator General Franco, who remained in all safety in the fascist Spain all throughout his life and also after his death. Soon after, in the same year 1946, there came the Resolution 95 (I): “Affirmation of the Principles of International Law recognized by the Charter of the Nürnberg Tribunal and the Judgement of the Tribunal” (‘the Nürnbeng Principles’); Principles approved unanimously by the General Assembly:

The General Assembly, [...]; Takes note of the Agreement for the establishment of an International Military Tribunal for the prosecution and punishment of the major war criminals of the of the European Axis signed in London on 8 August 1945, and of the Charter annexed thereto, and of the fact that similar principles have been adopted in the Charter of the International Military Tribunal for the trial of the major war criminals in the Far East, proclaimed at Tokyo on 19 January 1946; Therefore, Affirms the principles of International Law recognized by the Charter of the Nürnberg Tribunal and the judgement of the Tribunal;” etc. [UNGAR 95 (14 December 1946)]

Then, and after the International Law Commission (ILC) had been created by the Resolution 174 (21 November 1947), on that same day the General Assembly asked the ILC to formulate the principles recognized in the Charter of the Nürnberg Tribunal and in the judgment of the Tribunal:

The General Assembly Decides to entrust the formulation of the principles of international law recognized in the charter of the Nürnberg Tribunal and in the judgment of the Tribunal to the International Law Commission, the members of which, in accordance with resolution 174 (II), be elected at the next session of the General Assembly, and Directsthe Commission to (a) Formulate the principles of international law recognized in the Charter of the Nürnberg Tribunal and in the judgment of the Tribunal, and (b) Prepare a draft code of offences against the peace and security of mankind, indicating clearly the place to be accorded to the principles mentioned in sub-paragraph (a) above. [UNGAR 177 (1947)]

In the second session of that Commission were formally approved the Nürnberg Principles. According to them, crimes against International Law are committed by human persons, not by abstract entities; and only by punishing individuals who commit such crimes can the provisions of International Law be enforced:

“Principle I Any person who commits an act which constitutes a crime under international law is responsible therefor and liable to punishment.

“Principle II The fact that internal law does not impose a penalty for an act which constitutes a crime under international law does not relieve the person who committed the act from responsibility under international law.

“Principle III The fact that a person who committed an act which constitutes a crime under international law acted as Head of State or responsible Government official, does not relieve him from responsibility under international law.

“Principle IV The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him. This principle could be paraphrased as follows: It is not an acceptable excuse to say ‘I was just following my superior’s orders’. [...]

“Principle V Any person charged with a crime under international law has the right to a fair trial on the facts and law.

“Principle VI The crimes hereinafter set out are punishable as crimes under international law: (a) Crimes against peace and humanity: [...] (b) War crimes: [...]. (c) Crimes against humanity: [...].

“Principle VII Complicity in the commission of a crime against peace, a war crime, or a crime against humanity as set forth in Principle VI is a crime under international law.”

All of which implies the difference: fundamental to all purposes, between the fighters of the “national liberation movements for Peoples’ Freedom and Self-Determination”, and the criminals who repress by means of Violence and Terrorism the struggles of Peoples’ Self-Determination or Independence. The imperialistic State is a criminal State, and its leaders are criminal perpetrators or accomplices of the greatest crimes that morality and law can record: crimes of war, against peace and against humanity. But this had already been clear from the First World War:

“There is no security in any land without certainty of punishment. There is no protection for life, property, or money, in a State where the criminal is more powerful than the law.

“The law of nations is no exception; and until it has been vindicated, the peace of the world will always be at the mercy of any nation whose professors have assiduously taught it to believe that no crime is wrong so long as it leads to the aggrandizement and enrichment of the country to which they owe allegiance.

“There have been many times in the history of the world criminal States. We are dealing with one of them now. And there will always be criminal States until the reward of international crime becomes too precarious to make it profitable, and the punishment of international crime becomes too sure to make it attractive. (From the Address of Prime Minister of the United Kingdom of Great Britain and Northern Ireland to the Parliament, Mr. David Lloyd George; 14-XII-1917.)

The attitude of International Law before war crimes and crimes against humanity was perfectly established by the Resolution on the “Principles of international co-operation in the detection, arrest, extradition and punishment of persons guilty of war crimes and crimes againt humanity”:

“The General Assembly, Recalling its resolutions 2583 (XXIV) of 15 December 1969, 2712 (XXV) of 15 December 1970, 2840 (XXVI) of 18 December 1971, and 3020 (XXVII) of 18 December 1972, Taking into account the special need for international action in order to ensure the prosecution and punishment of persons guilty of war crimes and crimes against humanity, Having considered the draft principles of international co-operation in the detection, arrest, extradition and punishment of persons guilty of war crimes and crimes against humanity, Declares that the United Nations, in pursuance of the principles and purposes set forth in the Charter concerning the promotion of cooperation between peoples and the maintenance of international peace and security, proclaims the following principles of international cooperation in the detection, arrest, extradition and punishment of persons guilty of war crimes and crimes against humanity;

1. War crimes and crimes against humanity, wherever they are committed, shall be subject to investigation and the persons against whom there is evidence that they have committed such crimes shall be subject to tracing, arrest, trial and, if found guilty, to punishment.

2. Every State has the right to try its own nationals for war crimes or crimes against humanity.

3. States shall co-operate with each other on a bilateral and multilateral basis with a view to halting and preventing war crimes and crimes against humanity, and shall take the domestic and international measures necessary for that purpose.

4. States shall assist each other in detecting, arresting and bringing to trial persons suspected of having committed such crimes, and, if they are found guilty, in punishing them.

5. Persons against whom there is evidence that they have committed war crimes and crimes against humanity shall be subject to trial and, if found guilty, to punishment, as a general rule in the countries in which they committed those crimes. In that connection, States shall cooperate on questions of extraditing such persons.

6. States shall cooperate with each other in the collection of information and evidence which would help to bring to trial the persons in paragraph 5 above and shall exchange such information.

7. In accordance with article 1 of the Declaration on Territorial Asylum of 14 December 1967, States shall not grant asylum to any person with respect to whom there are serious reasons for considering that he has committed a crime against peace, a war crime or a crime against humanity.

8. States shall not take any legislative or other measures which may be prejudicial to the international obligations they have assumed in regard to the detection, arrest, extradition and punishment of persons guilty of war crimes and crimes against humanity.” Etc. [UNGAR 3074 (1973)]

In the “Implementation of the Declaration on the Strengthening of International Security”, the legitimacy of the struggle of the Peoples subjugated by the domination of imperialism, to achieve their Self-Determination or National Independence, is again emphasized:

“The General Assembly, [...] Noting with profound concern the continuing existence of crisis and hot-beds of tension in various regions endangering international peace and security, the continuation and intensification of the arms race as well as acts of aggression, foreign occupation, the threat or use of force, alien domination, foreign interference and the existence of colonialism, neo-colonialism, racial discrimination and apartheid, which remain the main obstacles to the strengthening of peace and security, [...]; 3. Reaffirms the legitimacy of the struggle of peoples under colonial and alien domination to achieve self-determination and independence and urges States to increase their support and solidarity with them and their national liberation movements and to undertake urgent and effective measures for the speedy completion of the implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples and other resolutions of the United Nations on the final elimination of colonialism, racism and apartheid;” etc. [UNGAR 32/154 (1977)]

And, finally, in the Resolutions “Importance of the universal realization of the right of peoples to self-determination and of the speedy granting of independence to colonial countries and peoples for the effective guarantee and observance of human rights” (A/RES/35/35), and “Universal realization of the right of peoples to self-determination” (A/RES/36/10), all emphasis is placed on Self-Determination or Independence of Peoples as “imperatives for the full enjoyment of all human rights”:

“The General Assembly, [...], Reaffirming the importance of the universal realization of the right of peoples to self-determination, national sovereignty and territorial integrity and of the speedy granting of independence to colonial countries and peoples as imperatives for the full enjoyment of all human rights, [...], Reaffirming the obligation of all Member States to comply with the principles of the Charter of the United Nations and the resolutions of the United Nations regarding the exercise of the right to self-determination by peoples under colonial and alien domination, [...], 1. Calls upon all States to implement fully and faithfully the resolutions of the United Nations regarding the exercise of the right to self-determination by peoples under colonial and alien domination; 2. Reaffirms the legitimacy of the struggle of peoples for independence, territorial integrity, national unity and liberation from colonial and foreign domination and foreign occupation by all available means, including armed struggle; 3. Reaffirms the inalienable right of the Namibian people, of the Palestinian people and of all peoples under alien and colonial domination to self-determination, national independence, territorial integrity, national unity and sovereignty without external interference; [...]; 10. Strongly condemns all Governments which do not recognize the right to self-determination and independence of all peoples still under colonial and foreign domination and alien subjugation, notably the peoples of Africa and the Palestinian people; [...]; 14. Demands the immediate and unconditional release of all persons detained and imprisoned as a result of their struggle for self-determination and independence, full respect for their fundamental individual rights and the observance of article 5 of the Universal Declaration of Human Rights, [Resolution 217 A (III)] under which no one shall be subjected to torture or to cruel, inhuman or degrading treatment; [...]; 20. Request the Secretary-General to give maximum publicity to the Declaration on the Granting of Independence to Colonial Countries and Peoples and to give the widest possible publicity to the struggle being waged by oppressed peoples for the realization of their self-determination and national independence;” etc. [UNGAR 35/35 (1980)]

“The General Assembly, Reaffirming the importance, for the effective guarantee and observance of human rights, of the universal realization of the right of peoples to self-determination enshrined in the Charter of the United Nations and embodied in the International Covenants on Human Rights 9 [Resolution 2200 A (XXI), annex.], as well as in the Declaration on the Granting of Independence to Colonial Countries and Peoples contained in General Assembly Resolution 1514 (XV) of 14 December 1960, Welcoming the progressive exercise of the right to self-determination by peoples under colonial, foreign or alien occupation and their emergence into sovereign statehood and independence, Deeply concerned at the continuation of acts or threats of foreign military intervention and occupation, which are endangering, or have already resulted in the suppression of, the right to self-determination of an increasing number or sovereign peoples and nations, [...], Recalling the relevant resolutions regarding the violation of the right of peoples to self-determination and of other human rights as a result of military intervention and foreign aggression and occupation, adopted by the Commission on Human Rights at its thirty-sixth and thirty-seventh sessions, Reiterating its resolution 35/35 B of 14 November 1980, [...], 1. Reaffirms that the universal realization of the right of all peoples, including those under colonial, foreign and alien domination, to self-determination is a fundamental condition for the effective guarantee and observance of human rights and for the preservation and promotion of such rights; 2. Declares its firm opposition to acts of foreign military intervention, aggression or occupation, since these have resulted in the suppression of the right of peoples to self-determination and other human rights in certain parts of the world; 3. Calls upon those States responsible to cease immediately their military intervention and occupation of foreign countries and territories, and to cease all acts of repression, discrimination, exploitation and maltreatment, particularly the brutal and inhuman methods reportedly employed for the execution of these acts against the peoples concerned; [...]; 5. Requests the Commission on Human Rights to continue to give special attention to the violation of human rights, especially the right to self-determination, resulting from foreign military intervention, aggression or occupation; 6. Requests the Secretary-General to report on this issue to the General Assembly at its thirty-seventh session, under the item entitled ‘Importance of the universal realization of the right of peoples to self-determination and of the speedy granting of independence to colonial countries and peoples for the effective guarantee and observance of human rights’.” [UNGAR 36/10 (1981)]

The blood tax and extortion has always been part of the tax and extortion of the imperialism. Given its contemporary scarcity, as a result of the process of liberation of the Peoples, the resurgence of the new professional armies has given new impetus to the recruitment of mercenaries – either permanent or contractual – who continue “trading with their body” and with their life, and “voluntarily” paying with blood the price of imperialism and colonialism in the new “liberal” globalized world.

The question of mercenaries has acquired a renewed importance with modern colonialism and the new professional armies, always at the expense of the previously underdeveloped Peoples. Under the procedure of compulsory military service, the armed forces are recruited by means of violence in order to exercise violence; and the professional armies do the same on a commercial basis. The metropolitan empires have always appreciated in their proper value the troops of the occupied and colonized Peoples: particularly as cannon fodder for their criminal confrontations and expansion enterprises, in which these troops put the dead and wounded; with which imperialism gains doubly. Against this:

“The General Assembly, [...] Reaffirming the declarations made in General Assembly resolutions 2548 (XXIV) of 11 December 1969, and 2708 (XXV) of 14 December 1970, that the practice of using mercenaries against national liberation movements in the colonial Territories constitutes a criminal act, [...], Solemnly proclaims [...]; 5. The use of mercenaries by colonial and racist régimes against the national liberation movements struggling for their freedom and independence from the yoke of colonialism and alien domination is considered to be a criminal act and the mercenaries should accordingly be punished as criminals” etc. [UNGAR 3103 (1973)]

According to Article 47 of the Additional Protocol (I) to the Geneva Conventions, (June 1977): “1. A mercenary has no the right to be a combatant or a prisoner of war”. And furthermore:

“The General Assembly, [...] Recalling also its resolutions 2465 (XXIII) of 20 December 1968, 2548 (XXIV) of 11 December 1969, 2708 (XXV) of 14 December 1970, 3103 (XXVIII) of 12 December 1973, and 3314 (XXIX) of 14 December 1974 on the use and recruitment of mercenaries against national liberation movements and sovereign States, [...]; 7. Reaffirms that the practice of using mercenaries against national liberation movements and sovereign States constitutes a criminal act and that the mercenaries themselves are criminals, and calls upon the Governments of all countries to enact legislation declaring the recruitment, financing and training of mercenaries in their territory and the transit of mercenaries through their territory to be punishable offences and prohibiting their nationals from serving as mercenaries, and to report on such legislation to the Secretary-General;” etc. [UNGAR 33/24 (1978), and 35/35 (1980)]

(From ‘Euskal Herria and the Kingdom of Nabarre, or the Basque People and its State, against French-Spanish imperialism’.)