Is Pakistan at war with US?...........Marvi Memon

Honorable Prime Minister of Pakistan            
Islamic Republic of Pakistan
Prime Minister Secretariat
Islamabad

Subject: Is Pakistan at war with US?

March 20, 2011

Dear

The United States of America has violated our territorial sovereignty severely by the drone attacks. We as parliament had committed to not allow such drone attacks from occurring in the 14 point resolution signed by all of us some time back. Despite such a resolve, your government has failed to protect the people of Pakistan from such attacks thereby violating Article 9 of the Constitution of Pakistan: “No person shall be deprived of life or liberty, save in accordance with law” and also violating the joint parliament Resolution.

It is high time that we as parliament must take a decision on whether due to these attacks the USA has in fact declared war on us and if we are technically and legally at war with them. To guide you on this front may I remind you of UN Article 2(4): “All Members 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. “

In case you have given approval to the USA of attacking our territory through drones without parliament’s approval let me remind you that this is an unconstitutional act liable for severe repercussions. In case you are hiding behind an alleged approval given by the previous government that approval (if existent) and your current continuation of that policy is equally condemnable.

Furthermore, it is your responsibility to inform the UN of such attacks officially so that it may take notice and action through its Resolution and other means. I quote UN Article 51 on Self-defense: “Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defense 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.”

I believe it is also your responsibility to initiate a resolution in parliament accepting that we are in a state of war with the USA. Thereby giving our armed forces the approval for a counter attack. May I remind you of Article 245 (1) of our Constitution: “The Armed Forces shall, under the directions of the Federal Government, defend Pakistan against external aggression or threat of war, and, subject to law, act in aid of civil power when called upon to do so.”

The Resolution could be drafted as such: “We the members of the Majlis e Shoora take strict notice of the drone attacks of the USA on our territory which we take to be a tacit declaration of war against Pakistan. Under such circumstances, we authorize our armed forces to take action against such attacks and protect the territorial integrity of Pakistan.”

Such a resolution must be supported during the speech of the President in the upcoming Presidential address to parliament; thereby indicating the President’s willingness to protect Pakistan’s territorial integrity in his capacity as Commander in Chief of the armed forces. Furtehrmore, a special session of parliament may be called immediately afterwards to execute the same intent of parliament thereby giving the Executive the moral authority to attack the US interests in self defence. You may wish to consult with political party leaders on the same.

Anything short of the above course of action and resolution in parliament would be taken as a sign of ultimate weakness on the part of your government at protecting Pakistan’s territorial integrity. And would simply be understood as paying lip service to our defence.

I can only hope that you will take the lead in this crucial initiative. Our economic dependence on the USA needs to be reduced drastically since we are fast becoming their satellite state. Cutting corruption, bringing back the looted wealth of Pakistan and fixing our economy through austerity and self sufficiency is the only way forward.

I hope you will take the right decision.

Sincerely,

MNA Marvi Memon

Cc: Honorable Speaker National Assembly
Honorable Chief Justice of Pakistan
Honorable PML President