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DEFENDERS
27
Articles 39 through 51 of Chapter VII deal with
violation of peace and aggression.Article 51 states:
"Nothing in the present Charter shall impair the
inherent right of individual or collective selfdefense
if an armed attack occurs against a member state
of the United Nations, until the Security Council
has taken the measures necessary to maintain
international peace and security. Measures taken
by Members in the exercise of this right of
selfdefense shall be immediately reported to the
Security Council and shall not in any way affect the
authority and responsibility of the Security Council
under the present Charter to take at any time such
action as it deems necessary in order to maintain or
restore international peace and security."
In this regard it must be noted that the justification
of the coalition and Saudi Arabia on the basis of
Mansour Hadi's request to stabilize the internal
situation is in no way justifiable; because he had
resigned before the date of the attack, and the
attack cannot be legitimized on the basis of such
a request. The coalition countries could only use
this justification if, first of all he had remained
the president of Yemen, and secondly prior to
the attack Saudi Arabia or the coalition countries
had sent a report of the situation in Yemen to the
Security Council, and had received the green light.
Mansour Hadi only had legitimacy as a person in
charge of the transition period of power in Yemen,
and cannot ask Saudi Arabia for intervention as the
president of the country. From UNSC Resolution
2204 it can be understood that he is not mentioned
as the legal president of the country.
Inthisregardtheprinciplethatdents theaggression
in Yemen and makes it illegitimate and illegal is
Article 53(1) of the UN Charter which enforces
countries to get the Security Council permission
before any military operations against each other.
And none of the coalition forces took this step
prior to launching the attack on Yemen, and this is
blatantly contrary and in violation of the Charter.
It is clear that through Resolution 2216 (14 April
2015), the Security Council turned a blind eye on
this grave violation, an aggression that has resulted
in the killing of civilians and innocent children and
the destruction of Yemeni infrastructures, and in
practice the said Resolution has lost its legitimacy.
It must be said the aforementioned reasons can
be seen as the violation of the UN Charter and the
Arab Union. In view of the Charter, Organization
of Islamic Cooperation (OIC) member states should
resolve their disputes within this Organization. The
same procedure applies to Arab countries in the
Arab Union. Contrary to the contents of the charters
of these two organizations, Saudi Arabia did not
consult either of the organizations prior to launching
the attack. And since Yemen is not a member of
the Gulf Cooperating States , therefore no Persian
Gulf country can interfere in the country's crisis.
But since Yemen is a member of NAM, therefore
NAM has a right to enter the debate.
c) Human Rights Aspect
The prohibition of the unilateral military actions
of the coalition countries, Saudi Arabia in Yemen
can be followed up on within various human rights
covenants and conventions. The most important
of these documents, are the numerous articles
in the Universal Delaration of Human Rights,
which although Saudi Arabia was one of the eight
countries that abstained in the adoption vote, but
its trend, like the other countries, has been that in
all these years it has not take any positions against
the Declaration, and has not acted openly against
It must be said the aforementioned
reasons can be seen as the violation of
the UN Charter and the Arab Union.
In view of the Charter, Organization
of Islamic Cooperation (OIC) member
states should resolve their disputes
within this Organization