I׳۵v
Download File ===> https://byltly.com/2sZnbX
Article 5 provides that if a NATO Ally is the victim of an armed attack, each and every other member of the Alliance will consider this act of violence as an armed attack against all members and will take the actions it deems necessary to assist the Ally attacked.
The Parties agree that an armed attack against one or more of them in Europe or North America shall be considered an attack against them all and consequently they agree that, if such an armed attack occurs, each of them, in exercise of the right of individual or collective self-defence recognized by Article 51 of the Charter of the United Nations, will assist the Party or Parties so attacked by taking forthwith, individually and in concert with the other Parties, such action as it deems necessary, including the use of armed force, to restore and maintain the security of the North Atlantic area.
With the invocation of Article 5, Allies can provide any form of assistance they deem necessary to respond to a situation. This is an individual obligation on each Ally and each Ally is responsible for determining what it deems necessary in the particular circumstances.
At the drafting of Article 5 in the late 1940s, there was consensus on the principle of mutual assistance, but fundamental disagreement on the modalities of implementing this commitment. The European participants wanted to ensure that the United States would automatically come to their assistance should one of the signatories come under attack; the United States did not want to make such a pledge and obtained that this be reflected in the wording of Article 5.
On the evening of 12 September 2001, less than 24 hours after the attacks, the Allies invoked the principle of Article 5. Then NATO Secretary General Lord Robertson subsequently informed the Secretary-General of the United Nations of the Alliance's decision.
After 9/11, there were consultations among the Allies and collective action was decided by the Council. The United States could also carry out independent actions, consistent with its rights and obligations under the United Nations Charter.
On 26 October, the Alliance launched its second counter-terrorism operation in response to the attacks on the United States, Active Endeavour. Elements of NATO's Standing Naval Forces were sent to patrol the Eastern Mediterranean and monitor shipping to detect and deter terrorist activity, including illegal trafficking. In March 2004, the operation was expanded to include the entire Mediterranean.
On the request of Türkiye, on three occasions, NATO has put collective defence measures in place: in 1991 with the deployment of Patriot missiles during the Gulf War, in 2003 with the agreement on a package of defensive measures and conduct of Operation Display Deterrence during the crisis in Iraq, and in 2012 in response to the situation in Syria with the deployment of Patriot missiles.
Jurisdictions Previously Covered by Section 5Voting Changes Covered by Section 5Making Section 5 SubmissionsSection 5 GuidelinesNotices of Section 5 Submission ActivitySection 5 Changes by Type and YearSection 5 ObjectionsLitigation Concerning Section 5
On June 25, 2013, the United States Supreme Court held that it is unconstitutional to use the coverage formula in Section 4(b) of the Voting Rights Act to determine which jurisdictions are subject to the preclearance requirement of Section 5 of the Voting Rights Act, Shelby County v. Holder, 570 U.S. 529 (2013). The Supreme Court did not rule on the constitutionality of Section 5 itself. The effect of the Shelby County decision is that the jurisdictions identified by the coverage formula in Section 4(b) no longer need to seek preclearance for the new voting changes, unless they are covered by a separate court order entered under Section 3(c) of the Voting Rights Act.
Section 5 was enacted to freeze changes in election practices or procedures in covered jurisdictions until the new procedures have been determined, either after administrative review by the Attorney General, or after a lawsuit before the United States District Court for the District of Columbia, to have neither discriminatory purpose or effect. Section 5 was designed to ensure that voting changes in covered jurisdictions could not be implemented used until a favorable determination has been obtained.
The requirement was enacted in 1965 as temporary legislation, to expire in five years, and applicable only to certain states. The specially covered jurisdictions were identified in Section 4 by a formula. The first element in the formula was that the state or political subdivision of the state maintained on November 1, 1964, a "test or device," restricting the opportunity to register and vote. The second element of the formula would be satisfied if the Director of the Census determined that less than 50 percent of persons of voting age were registered to vote on November 1, 1964, or that less than 50 percent of persons of voting age voted in the presidential election of November 1964. Application of this formula resulted in the following states becoming, in their entirety, "covered jurisdictions": Alabama, Alaska, Georgia, Louisiana, Mississippi, South Carolina, and Virginia, In addition, certain political subdivisions (usually counties) in four other states (Arizona, Hawaii, Idaho, and North Carolina were covered. It also provided a procedure to terminate this coverage.
Under Section 5, any change with respect to voting in a covered jurisdiction -- or any political subunit within it -- cannot legally be enforced unless and until the jurisdiction first obtains the requisite determination by the United States District Court for the District of Columbia or makes a submission to the Attorney General. This requires proof that the proposed voting change does not deny or abridge the right to vote on account of race, color, or membership in a language minority group. If the jurisdiction is unable to prove the absence of such discrimination, the District Court denies the requested judgment, or in the case of administrative submissions, the Attorney General objects to the change, and it remains legally unenforceable.
In 1970, Congress recognized the continuing need for the special provisions of the Voting Rights Act, which were due to expire that year, and renewed them for another five years. It also adopted an additional coverage formula, identical to the original formula except that it referenced November 1968 as the date to determine if there was a test or device, levels of voter registration, and electoral participation. This additional formula resulted in the partial coverage of ten states.
In 1975, the special provisions of the Voting Rights Act were extended for another seven years, and were broadened to address voting discrimination against members of "language minority groups." An additional coverage formula was enacted, based on the presence of tests or devices and levels of voter registration and participation as of November 1972. In addition, the 1965 definition of "test or device" was expanded to include the practice of providing election information, including ballots, only in English in states or political subdivisions where members of a single language minority constituted more than five percent of the citizens of voting age. This third formula had the effect of covering Alaska, Arizona, and Texas in their entirety, and parts of California, Florida, Michigan, New York, North Carolina, and South Dakota.
In 1982, Congress extended Section 5 for 25 years, but no new Section 5 coverage formula was adopted. Congress did, however, modify the procedure for a jurisdiction to terminate coverage under the special provisions.
Section 5 provides two methods for a covered jurisdiction to comply with Section 5. The first method mentioned in the statute is by means of a declaratory judgment action filed by the covered jurisdiction in the United States District Court for the District of Columbia. A three-judge panel is convened in such cases. The defendant in these cases is the United States or the Attorney General, represented in court by attorneys from the Voting Section of the Civil Rights Division. Appeals from decisions of the three-judge district court go directly to the United States Supreme Court.
The jurisdiction must establish that the proposed voting change "does not have the purpose and will not have the effect of denying or abridging the right to vote on account of race or color or [membership in a language minority group]." The status of a voting change that is the subject of a declaratory judgment review action is that it is unenforceable until the declaratory judgment action is obtained and the jurisdiction may not implement or use the voting change.
The second method of compliance with Section 5 is known as administrative review. A covered jurisdiction can avoid the potentially lengthy and expensive litigation route by submitting the voting change to the Civil Rights Division of the Department of Justice, to which the Attorney General has delegated the authority to administer the Section 5 review process. The jurisdiction can implement the change if the Attorney General affirmatively indicates no objection to the change or if, at the expiration of 60 days, no objection to the submitted change has been interposed by the Attorney General. It is the practice of the Department of Justice to respond in writing to each submission, specifically stating the determination made regarding each submitted voting change.
Well over 99 percent of the changes affecting voting are reviewed administratively, no doubt because of the relative simplicity of the process, the significant cost savings over litigation, and the presence of specific deadlines governing the Attorney General's issuance of a determination letter.
The Attorney General may interpose an objection by informing the jurisdiction of the decision within 60 days after a completed submission of a voting change is received. Most voting changes submitted to the Attorney General are determined to have met the Section 5 standard. Since Section 5 was enacted, the Attorney General has objected to about one percent of the voting changes that have been submitted. 2b1af7f3a8