War Criminals: Arrest Warrants Requested

War Criminals: Arrest Warrants Requested
25.01.2010 Source: Pravda.Ru

International arrest warrants have been requested for George W. Bush, Richard (Dick) Cheney, Donald Rumsfeld, George Tenet, Condoleeza Rice and Alberto Gonzales at the International Criminal Court, The Hague, Netherlands.

Professor of Law Francis A. Boyle of the University of Illinois College of Law in Champain, United States of America, has issued a Complaint with the Prosecutor for the International Criminal Court against the above-mentioned for their practice of “extraordinary rendition” (forced disappearance of persons and subsequent torture) in Iraq and for criminal policy which constitutes Crimes against Humanity in violation of the Rome Statute which set up the ICC.

As such, the Accused (mentioned above) are deemed responsible for the commission of crimes within the territories of many States signatories of the Rome Statute, in violation of Rome Statute Articles 5 (1)(b), 7 (1)(a), 7 (1)(e), 7 (1)(g), 7(1)(h), 7(1)8i) and 7(1)(k). Despite the fact that the USA is not a signatory State, the ICC has the jurisdiction to prosecute under Article 12 (2)(a) of the Rome Statute.

This Article stipulates that the Court may exercise its jurisdiction if one or more States in which the conduct in question occurred has accepted the jurisdiction of the Court. Furthermore, the forced disappearance of persons and torture in deemed by the Rome Statute as a Crime against Humanity, one which is still ongoing.

The Exercise of Jurisdiction may be activated under Article 13, with respect to a crime committed under Article 5 if the Prosecutor has initiated an investigation. Professor Boyle, in his issue of complaint, respectfully requested that such an investigation be initiated.

The issue of complaint states “about 100 human beings have been subjected to enforced disappearances and subsequent torture by the Accused”, adds that some of them could still be alive today, and that an investigation could save these lives. Regarding those whose enforced disappearances led to their deaths, the Complaint requests a process of explanation and clarification for what would be a murder investigation.

Timothy BANCROFT-HINCHEY

PRAVDA.Ru

http://english.pravda.ru/world/americas/25-01-2010/111844-war_criminals_bush-0

Wanted: Tony Blair for War Crimes.

http://www.informationclearinghouse.info/article24503.htm

www.arrestblair.org

Wanted: Tony Blair for War Crimes.

Arrest Him and Claim your Reward

Chilcot and the courts won't do it, so it is up to us to show that we won't let an illegal act of mass murder go unpunished

By George Monbiot (yeah, I know)

January 26, 2010 "The Guardian" -- The only question that counts is the one that the Chilcot inquiry won't address: was the war with Iraq illegal? If the answer is yes, everything changes. The war is no longer a political matter, but a criminal one, and those who commissioned it should be committed for trial for what the Nuremberg tribunal called "the supreme international crime": the crime of aggression.

But there's a problem with official inquiries in the United Kingdom: the government appoints their members and sets their terms of reference. It's the equivalent of a criminal suspect being allowed to choose what the charges should be, who should judge his case and who should sit on the jury. As a senior judge told the Guardian in November: "Looking into the legality of the war is the last thing the government wants. And actually, it's the last thing the opposition wants either because they voted for the war. There simply is not the political pressure to explore the question of legality – they have not asked because they don't want the answer."

Others have explored it, however. Two weeks ago a Dutch inquiry, led by a former supreme court judge, found that the invasion had "no sound mandate in international law". Last month Lord Steyn, a former law lord, said that "in the absence of a second UN resolution authorising invasion, it was illegal". In November Lord Bingham, the former lord chief justice, stated that, without the blessing of the UN, the Iraq war was "a serious violation of international law and the rule of law".

Under the United Nations charter, two conditions must be met before a war can legally be waged. The parties to a dispute must first "seek a solution by negotiation" (article 33). They can take up arms without an explicit mandate from the UN security council only "if an armed attack occurs against [them]" (article 51). Neither of these conditions applied. The US and UK governments rejected Iraq's attempts to negotiate. At one point the US state department even announced that it would "go into thwart mode" to prevent the Iraqis from resuming talks on weapons inspection (all references are on my website). Iraq had launched no armed attack against either nation.

We also know that the UK government was aware that the war it intended to launch was illegal. In March 2002, the Cabinet Office explained that "a legal justification for invasion would be needed. Subject to law officers' advice, none currently exists." In July 2002, Lord Goldsmith, the attorney general, told the prime minister that there were only "three possible legal bases" for launching a war – "self-defence, ­humanitarian intervention, or UNSC [security council] authorisation. The first and second could not be the base in this case." Bush and Blair later failed to obtain security council authorisation.

EDIT: Entire article and comment on the article: http://www.informationclearinghouse.info/article24503.htm

[ I unpublished four comments below this one which only concerned the request to edit this comment - LW]

Who has jurisdiction?

«At this stage the arrests will be largely symbolic»
OK, but I wonder about the legal status of a citizen attempting to arrest somebody. Is this not taking the law into one's own hands?

War-Crime Filing: "Extraordinary Rendition" - (action requested)

I received this following from Francis A. Boyle and a pdf attachment of the reply he received from The Hague.

Flyby News has endorsed the above action..

Please, too.. add your voices to this important campaign for justice and freedom from tyranny.
- - - - - - - - - - - - - - - - - - - - - - - - - - -
Francis A. Boyle
Professor of International Law
Law Building
504 E. Pennsylvania Ave.
Champaign, IL 61820 USA

--------------------------------------------------------------------------------
From: Susan Serpa [mailto:neimpeach@gmail.com]
Sent: Monday, January 25, 2010 1:54 PM
To: Sue Serpa
Subject: BUSH TO THE HAGUE! The Hague acknowledges Francis Boyle today on his filing against Bush et al for the war-crime "Extraordinary Rendition"

Dear Accountability Advocates and previous impeachment advocates,

The day of accountability is at hand.

We need your help:

Contact the Hague to insist they proceed an investigation of war-crimes committed by the accused (Bush, Cheney, Rice, Rumsfeld, Tenet and Gonzales) in the acts called "Extraordinary Rendition" as quickly as possible.

Send me a reply (neimpeach@gmail.com) if you would like your group listed as endorsing Prof. Boyle's filing.
Send this message to all your groups - this is the accountability we've all been working on for the past several years.

Contact Eric Holder 202-353-1555 AskDOJ@usdoj.gov to tell him the International Community will prosecute even if he does not.

I'll be setting up a Facebook group shortly (hopefully today) and Prof. Boyle has just engaged a webmaster who will be setting up a website this weekend. Any other ideas on how to get this moving forward is greatly appreciated.

See the attached letter received today from the Hague.
From: OTP InformationDesk [mailto:OTP.InformationDesk@icc-cpi.int]

Sent: Monday, January 25, 2010 4:08 AM

To: Boyle, Francis

Subject: Information Received - Review Letter - OTP-CR-41/10

Madame, Monsieur,

Veuillez trouver en pièce jointe une communication du bureau du procureur de la cour pénale internationale.

Dear Sir/Madam,

Please find attached a communication from the Office of the Prosecutor of the International Criminal Court.

Office of the Prosecutor - International Criminal Court Bureau du Procureur - Cour pénale internationale

-----------------------------------------

Below is Prof. Boyle's message and initial filing. He is looking for endorsements. Please respond if you'd like your group named as endorsing the arrest of Bush, Cheney, Rumsfeld, Rice, Tenet and Gonzales for the international war-crimes.

[From Prof. Boyle]:
Thanks. I want to set up a worldwide grassroots campaign: BUSH TO THE HAGUE!

The basis would be the Complaint I have filed with the ICC. I want everyone in the world to contact the ICC prosecutor as indicated and demand Bush’s prosecution. Once that is set up we use it to pressure all governments in the world to investigate, extradite and prosecute Bush et al., including our own The principles of international criminal law that they have violated apply everywhere in the world. We need grassroots activists whom I can work with to put this together with experience doing it. We also get as many endorsements from NGOs as we can. I already got my first, as indicated below.

Fab.

INTERNATIONAL CRIMINAL COURT COMPLAINT FILED

AGAINST BUSH, CHENEY, RUMSFELD, TENET, RICE AND GONZALES; INTERNATIONAL ARREST WARRANTS REQUESTED
_____________________________________________

Demonstrate Your Support for this Complaint by Contacting the I.C.C. Prosecutor by Letter, Fax, or email as Indicated Below
Champaign, U.S.A./The Hague, Netherlands (19 Jan 2010). -- Professor Francis A. Boyle of the University of Illinois College of Law in Champaign, U.S.A. has filed a Complaint with the Prosecutor for the International Criminal Court (I.C.C.) in The Hague against U.S. citizens George W. Bush, Richard Cheney, Donald Rumsfeld, George Tenet, Condoleezza Rice, and Alberto Gonzales (the “Accused”) for their criminal policy and practice of “extraordinary rendition” perpetrated upon about 100 human beings. This term is really their euphemism for the enforced disappearance of persons and their consequent torture. This criminal policy and practice by the Accused constitute Crimes against Humanity in violation of the Rome Statute establishing the I.C.C.

The United States is not a party to the Rome Statute. Nevertheless the Accused have ordered and been responsible for the commission of I.C.C. statutory crimes within the respective territories of many I.C.C. member states, including several in Europe. Consequently, the I.C.C. has jurisdiction to prosecute the Accused for their I.C.C. statutory crimes under Rome Statute article 12(2)(a) that affords the I.C.C. jurisdiction to prosecute for I.C.C. statutory crimes committed in I.C.C. member states.

The Complaint requests (1) that the I.C.C. Prosecutor open an investigation of the Accused on his own accord under Rome Statute article 15(1); and (2) that the I.C.C. Prosecutor also formally “submit to the [I.C.C.] Pre-Trial Chamber a request for authorization of an investigation” of the Accused under Rome Statute article 15(3).

For similar reasons, the Highest Level Officials of the Obama administration risk the filing of a follow-up Complaint with the I.C.C. if they do not immediately terminate the Accused’s criminal policy and practice of “extraordinary rendition,” which the Obama administration has continued to implement.

The Complaint concludes with a request that the I.C.C. Prosecutor obtain International Arrest Warrants for the Accused from the I.C.C. in accordance with Rome Statute articles 58(1)(a), 58(1)(b)(i), 58(1)(b)(ii), and 58(1)(b)(iii).

In order to demonstrate your support for this Complaint you can contact the I.C.C. Prosecutor by letter, fax, or email as indicated below.

Francis A. Boyle
Professor of International Law
Law Building
504 East Pennsylvania Avenue
Champaign, Illinois 61820

The Honorable Luis Moreno-Ocampo

Office of the Prosecutor
International Criminal Court
Post Office Box 19519
2500 CM, The Hague
The Netherlands

Fax No.: 31-70-515-8555

Email: OTP.InformationDesk@icc-cpi.int

January 19, 2010

Dear Sir:

Please accept my personal compliments. I have the honor hereby to file with you and the International Criminal Court this Complaint against U.S. citizens George W. Bush, Richard Cheney, Donald Rumsfeld, George Tenet, Condoleezza Rice , and Alberto Gonzales (hereinafter referred to as the “Accused”) for their criminal policy and practice of “extraordinary rendition.” This term is really a euphemism for the enforced disappearances of persons, their torture, severe deprivation of their liberty, their violent sexual abuse, and other inhumane acts perpetrated upon these Victims. The Accused have inflicted this criminal policy and practice of “extraordinary rendition” upon about one hundred (100) human beings, almost all of whom are Muslims/Arabs/Asians and People of Color. I doubt very seriously that the Accused would have inflicted these criminal practices upon 100 White Judeo-Christian men.

The Accused’s criminal policy and practice of “extraordinary rendition” are both “widespread” and “systematic” within the meaning of Rome Statute article 7(1). Therefore the Accused have committed numerous “Crimes against Humanity” in flagrant and repeated and longstanding violation of Rome Statute articles 5(1)(b), 7(1)(a), 7(1)(e), 7(1)(f), 7(1)(g), 7(1)(h), 7(1)(i), and 7(1)(k). Furthermore, the Accused’s Rome Statute Crimes Against Humanity of enforced disappearances of persons constitutes ongoing criminal activity that continues even as of today.

The United States is not a contracting party to the Rome Statute. Nevertheless, the Accused ordered and were responsible for the commission of these I.C.C. statutory crimes on, in, and over the respective territories of several I.C.C. member states, including many located in Europe. Therefore, the I.C.C. has jurisdiction over the Accused for their I.C.C. statutory crimes in accordance with Rome Statute article 12(2)(a), which provides as follows:

Article 12

Preconditions to the Exercise of Jurisdiction

2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:

(a) The State on the territory of which the conduct in question occurred …

So the fact that United States is not a contracting party to the Rome Statute is no bar to the I.C.C.’s prosecution of the Accused because they have ordered and been responsible for the commission of Rome Statute Crimes against Humanity on, in, and over the respective territories of several I.C.C. member states.

Consequently, I hereby respectfully request that the Court exercise its jurisdiction over the Accused for these Crimes against Humanity in accordance with Rome Statute article 13(c), which provides as follows:

Article 13

Exercise of Jurisdiction

The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:

(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.

Pursuant to Rome Statute article 13(c), I hereby respectfully request that you initiate an investigation proprio motu against the Accused in accordance with Rome Statute article 15(1): “The Prosecutor may initiate investigations proprio motu on the basis of information on crimes within the jurisdiction of the Court.” My detailed Complaint against the Accused constitutes the sufficient “information” required by article 15(1).

Furthermore, I respectfully submit that this Complaint by itself constitutes “a reasonable basis to proceed with an investigation” under Rome Statute article 15(3). Hence, I also respectfully request that you formally “submit to the Pre-Trial Chamber a request for authorization of an investigation” of the Accused under Rome Statute article 15(3) at this time. Please inform me at your earliest convenience about the status and disposition of my two requests set forth immediately above.

Based upon your extensive human rights work in Argentina, you know full well from direct personal experience the terrors and the horrors of enforced disappearances of persons and their consequent torture. According to reputable news media sources here in the United States, about 100 human beings have been subjected to enforced disappearances and subsequent torture by the Accused. We still have no accounting for these Victims. In other words, many of these Victims of enforced disappearances and torture by the Accused could still be alive today. Their very lives are at stake right now as we communicate. You could very well save some of their lives by publicly stating that you are opening an investigation of my Complaint.

As for those Victims of enforced disappearances by the Accused who have died, your opening an investigation of my Complaint is the only means by which we might be able to obtain some explanation and accounting for their whereabouts and the location of their remains in order to communicate this critical information to their next-of-kin and loved-ones. Based upon your extensive experience combating enforced disappearances of persons and their consequent torture in Argentina, you know full well how important that objective is. The next-of-kin, loved-ones, and friends of “disappeared” human beings can never benefit from psychological “closure” unless and until there is an accounting for the fates, if not the remains, of the Victims. In part that is precisely why the Accused’s enforced disappearances of about 100 human beings constitutes ongoing criminal activity that continues as of today and will continue until the fates of all their Victims have been officially determined by you opening an investigation into my Complaint.

Let us mutually suppose that during the so-called “dirty war” in Argentina the International Criminal Court had been in existence. I submit that as an Argentinean human rights lawyer you would have moved heaven and earth and done everything in your power to get the I.C.C. and its Prosecutor to assume jurisdiction over the Argentine Junta in order to terminate and prosecute their enforced disappearances and torture of your fellow Argentinean citizens. I would have done the same. Unfortunately, the I.C.C. did not exist during those darkest of days for the Argentine Republic when we could have so acted. But today as the I.C.C. Prosecutor, you have both the opportunity and the legal power to do something to rectify this mass and total human rights annihilation, and to resolve and to terminate and to prosecute the “widespread” and “systematic” policy and practice of enforced disappearances and consequent torture of about 100 human beings by the Accused.

Unfortunately, the new Obama administration in the United States has made it perfectly clear by means of public statements by President Obama and his Attorney General Eric Holder that they are not going to open any criminal investigation of any of the Accused for these aforementioned Crimes against Humanity. Hence an I.C.C. “case” against the Accused is “admissible” under Rome Statute article 1(complementarity) and article 17. As of right now you and the I.C.C. Judges are the only people in the entire world who can bring some degree of Justice, Closure, and Healing into this dire, tragic, and deplorable situation for the lives and well-being of about one hundred “disappeared” and tortured human beings as well as for their loved-ones and next-of-kin, who are also Victims of the Accused’s Crimes against Humanity. On behalf of them all, as a fellow human rights lawyer I implore you to open an investigation into my Complaint and to issue a public statement to that effect.

Also, most regretfully, the new Obama administration has publicly stated that it will continue the Accused’s policy and practice of "extraordinary rendition," which is really their euphemism for enforced disappearances of human beings and consequent torture by other States. Hence the Highest Level Officials of the Obama administration fully intend to commit their own Crimes against Humanity under the I.C.C. Rome Statute – unless you stop them! Your opening an investigation of my Complaint will undoubtedly deter the Obama administration from engaging in any more “extraordinary renditions” -- enforced disappearances of human beings and having them tortured by other States. Indeed your opening of an investigation into my Complaint might encourage the Obama administration to terminate its criminal “extraordinary rendition” program immediately and thoroughly by means of issuing a public statement to that effect. In other words, your opening an investigation of my Complaint could very well save the lives of a large number of additional human beings who otherwise will be subjected by the Obama administration to the Rome Statute Crimes against Humanity of enforced disappearances of persons and their consequent torture by other States, inter alia.

The lives and well-being of countless human beings are now at risk, hanging in the balance, waiting for you to act promptly, effectively, and immediately to save them from becoming Victims of Rome Statute Crimes against Humanity perpetrated by the Highest Level Officials of the Obama administration as successors-in-law to the Accused by opening an investigation of my Complaint. Otherwise, I shall be forced to file with you and the I.C.C. a follow-up Complaint against the Highest Level Officials of the Obama administration. I certainly hope it will not come to that. Please make it so.

Finally, for reasons more fully explained in the Conclusion to my Complaint, I respectfully request that you obtain I.C.C. arrest warrants for the Accused in accordance with Rome Statute articles 58(1)(a), article 58(1)(b)(i), article 58(1)(b)(ii), and article 58(1)(b)(iii). The sooner, the better for all humankind.

I respectfully request that you schedule a meeting with me at our earliest mutual convenience in order to discuss this Complaint. I look forward to hearing from you at your earliest convenience.

This transmission letter is an integral part of my Complaint against the Accused and is hereby incorporated by reference into the attached Complaint dated as of today as well.

Please accept, Sir, the assurance of my highest consideration.

Francis A. Boyle
Professor of International Law

Francis A. Boyle
Law Building
504 E. Pennsylvania Ave.
Champaign, IL 61820 USA
217-333-7954 (voice)
217-244-1478 (fax)
(personal comments only)

ENDORSEMENTS:
THE INTERNATIONAL ORGANIZATION FOR THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION (EAFORD)

5 Route des Morillons, CP 2100. 1211 Geneva 2, Switzerland

Telephone: (022) 788.62.33 Fax: (022) 788.62.45 e-mail: info@eaford.org

www.eaford.org

---------------------------------------------------------------

--
**********~~~~~~~~~~~~~~
Susan C. Paine Serpa
Facilitator, Northeast Indictment Coalition
Coordinator, National Accountability Action Network
617-599-5195
neimpeach@gmail.com

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~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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Emailed my support!

I almost wish the ICC could accomplish it's own rendition in these matters! Justice for the victims now.

Dr. Francis A. Boyle on Alex Jones - "...9/11 was the coup."

At approximately 5min 28sec into the third segment Alex Jones asks Boyle if he agrees with Ron Paul that there has already been a military/CIA coup and he replies "I think 9/11 was the coup."

http://www.infowars.com/dr-francis-a-boyle-on-the-alex-jones-show-the-ar...

"A long habit of not thinking a thing wrong gives it a superficial appearance of being right." Thomas Paine

Here is the first of three

Web Site - BUSH TO HAGUE Campaign

International Law Professor Launches World BUSH TO HAGUE Campaign

web site -

www.makewarshistory.org.uk/index/2010/02/international-law-professor-lau...