Ahh, the debated words of Hans von Sponeck rise once more on no-fly zones. U.N. Resolution 688 which not on the U.S. but the U.K. and France have used to enforce those no-fly zones to protect the Kurds in the North and the Shiites in the South from wholesale slaughter after the Gulf War is wholly conistant with that resolution and therefor did give the authority. Secondly, the UN accepted the cease fire agreement under UN resolution 687 which by the way there are too many violations of that cease fire agreement to mention that further gives authorization for such no-fly zones. One more thing to consider Article 51 of the UN Charter gives those nations the right use pre-emptive measures as a means of self defense so long as those are reported to the Security Council.
The United Nations, the Clinton Administration, and Congress have demanded that Iraq fully comply with cease-fire agreements and applicable U.N. Security Council resolutions. The United Nations Special Commission on Iraq (UNSCOM) says it has made -considerable progress in dismantling and monitoring of Iraqi mass destruction weapons programs but that Iraq continues to withhold information on its past programs and it cannot verify Iraq's claim that it has destroyed all its weapons of mass destruction or associated equipment. During March 1996-February 1998 and again during August-November 1998, Iraq has hampered the efforts of U.N. inspectors on numerous occasions or ended cooperation altogether, prompting Security Council condemnations, resolutions imposing further sanctions, and threats of military action.
On November 10, 1994, Iraq explicitly accepted the newly designated land border with Kuwait, (confirmed by Resolution 833) as well as Kuwaiti sovereignty. Iraq has said it will cooperate on accounting for Kuwaitis missing since the 1991 war, although there has been very little progress on this issue over the past few years, or on the return of Kuwaiti property. Iraq rejected 1991 U.N. plans to allow it to sell oil to fund humanitarian aid for the Iraqi people, but it later accepted a version of that plan, which became operational in December 1996. When Iraq did not join the original plan, the U.N. Security Council, in October 1992, directed member states to seize some Iraqi assets for these purposes (Resolution 778).
CRS Report: Iraqi Compliance with Cease-Fire Agreements
So all regardless of what Mr. von Sponeck and a few others may say, by violating the cease fire agreement from the very start the US and it's allies were well within their rights to institute these no fly zones.
During the 2007-2008 Presidential election campaign, both Barack Obama and his running mate Joe Biden expressed support for the imposition of a (probably NATO) no-fly zone (NFZ) over Darfur, much like the one maintained by Anglo-American air forces over northern Iraq following the Gulf War.
Stand: Yes or No to a Darfur No-Fly Zone?
I find it troubling to say the least that some would beat the drum for very same no-fly zones to be put in place in Darfur and yet at the same time condemn the same mission for the people in Iraq which was legal contrary to the new revisionist look at it.
Resolution 688
"The Security Council...
Condemns the repression of the Iraqi civilian population in many parts of Iraq, including most recently in Kurdish populated areas, the consequences of which threaten international peace and security in the region;
Demands that Iraq, as a contribution to removing the threat to international peace and security in the region, immediately end this repression...
Insists Iraq allow immediate access by international humanitarian organisations to all those in need of assistance in all parts of Iraq and make available all necessary facilities for their operations;
Requests the Secretary-General to pursue his humanitarian efforts in Iraq and to report forthwith, if appropriate on the basis of a further mission to the region, on the plight of the Iraqi civilian population, and in particular the Kurdish population, suffering from the repression in all its forms inflicted by the Iraqi authorities;
Requests further the Secretary-General to use all the resources at his disposal, including those of the relevant United Nations agencies, to address urgently the critical needs of the refugees and displaced Iraqi population;
Appeals to all Member States and to all humanitarian organizations to contribute to these humanitarian relief efforts;
Demands that Iraq cooperate with the Secretary-General to these ends;
Decides to remain seized of the matter."