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C’è un diritto superiore al diritto umanitario

Antonio Papisca (2005)

Contenuto in:

Pace diritti umani - Peace Human Rights, 3/2005

Tipologia pubblicazione

: Articolo / Saggio


: 7-12


: IT


There Is a Law That Has Primacy on Human Law  Antonio Papisca

The Pope’s Message is another piece of the construction of a coherent «peace grammar» containing practical truths that started with the encyclical Pacem in Terris of John XXIII (1963). A vigourous part of the present document is devoted to denounce the spreading pratice of lie.
Implicit reference is to the «mysterium iniquitatis» that was resumed by Pope John Paul II in his last Message for the World Peace Day (1 January 2005). The author provides an approximate list of current examples of use of lie, among others the Iraq war that was «justified» by the (non)existence of arms of mass destruction. The paragraphs of the Pope’s Message that emphasises «International humanitarian law» without any contextual reference to the International law of human rights could not avoid criticism. The argument is that, as a matter of principle, the ratio of the first does not question the war attributes of state sovereignty, while the ratio of the second is exactly the opposite.
Human dignity, then individual life and peace, is the founding value of a «new» international law that originally roots in the United Nations Charter. People should made aware of the ambiguous and instrumental use of the «humanitarian» – «human rights war», «humanitarian war»... – especially when – it is the present case – the superpower and other states are trying to rescue that very ius ad bellum that the UN Charter, reinforced by the subsequent human rights legal instruments, took away from them once for all.

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