Candidate for a PhD in International Law from Islamic Azad University, Science and Research Branch
Abstract
Resolution 1441 adopted by United Nations Security Counsil was not an authorization to America and its allies to use force against Iraq. There is no possible defense of American unilateralism on war against terrorism and worst abuses of human rights to force on to the United Nations. European countries promote the EU's principals and are after the main regional instruments for the protection of human rights. These instruments do not enshrine common values and are not universal. The author has explored some international instruments in the field of human rights and also convention on elimination of all forms of discrimination against women to refer to the different cultural and regional traditions. He believes that justice as philosophy is a trugh seeker and the reason behind every issue, but justice as law is the same as positive law which means public international law in the matter this paper concerns. So, patterns of power relations requires to be subject to fundamental principals of mankind. The principals which are common to all and do not have conflict with positive law.