The URL for this article is http://emperors-clothes.com/docs/prog2.htm
www.tenc.net
[Emperor's Clothes]
Illegal Tribunal - Illegal Indictment
Statement of the International Progress Organization on the Hague War
Crimes Tribunal's indictment of Serbian Leaders
Dr. Hans Koechler, President [posted 23 April 2001]
[The following statement was written just after the 'War Crimes
Tribunal' brought 'indictments' against Slobodan Miloshevich (Milosevic)
and other Serbian government leaders in 1999. The text was sent to us
recently by a contributor from Germany. It was published by the
International Progress Organization, an
NGO (non-governmental organization) which has worked in various
associations with the United Nations
for almost 30 years. It makes excellent points, especially about the
sheer illegality of the "War Crimes
Tribunal". We post it for your information - Jared Israel.]
The International Progress Organization hereby presents the following
legal observations on today's "indictment" by the "International
Criminal Tribunal":
1. The "indictment" issued by the "Chief Prosecutor" of the so-called
"International Criminal Tribunal for the Former
Yugoslavia" is legally invalid because this "Tribunal" has no
jurisdiction whatsoever in the present or any other case.
2. The "Tribunal" derives its raison d'�tre exclusively from Security
Council resolution 827, adopted at the Council's
3217th meeting on 25 May 1993. In this resolution, establishing the
so-called "International Criminal Tribunal," the
Security Council states that it acts "under Chapter VII of the Charter
of the United Nations."
3. When adopting the above resolution, the Security Council acted ultra
vires. According to the provisions of the U.N.
Charter, the Council has no competence whatsoever in judicial matters.
The provisions of Chapter VII determine the
Council's competence in matters of international security but not in
matters of criminal justice or other judicial matters.
The sole authority in international judicial matters rests with the
International Court of Justice.
4. The "determination," in the preamble of Security Council resolution
827, paragraph four, that the "widespread and
flagrant violations of international humanitarian law" on the territory
of the former Yugoslavia "constitute a threat to
international peace and security" does not provide a sound legal basis
for the Security Council acting as a surrogate
judicial authority or establishing an international court with
jurisdiction in this or any other case.
5. It is regrettable that the institution of the Security Council, while
being unable to stop the undeclared war waged by
NATO countries against Yugoslavia in violation of international law, and
while being prevented, because of the veto power
of countries conducting the present war, from restoring international
peace and security in Yugoslavia, is now being used
to take a so-called "judicial" action against the legitimate Head of
State and other high officials of the country under
attack.
6. Under the present circumstances, the move by the "Chief Prosecutor"
of the so-called "Tribunal," Ms. Louise Arbour,
can only be considered of political nature. This interpretation is
confirmed by today's statement of the President of the
United States who declared that the "indictment" by the "Tribunal" can
be seen as an endorsement of NATO's campaign.
7. The purely political nature of the "indictment" and the lack of any
legal validity of this decision can further be seen from
the fact that the "President" of the so-called "Tribunal," Ms. Gabrielle
Kirk McDonald (United States of America), the
"Chief Prosecutor," Ms. Louise Arbour (Canada), and the investigating
"judge" in the present case, Mr. David Anthony
Hunt (Australia), are citizens either of NATO member countries directly
responsible for the undeclared war against
Yugoslavia or of a country fully endorsing the NATO war. If the
"Tribunal" would have taken general legal standards of
impartiality seriously, it would have been obliged to determine that
there is a conflict of interest for "judges" from countries
waging an undeclared war against Yugoslavia to sit on such a panel
initiating "judicial" action against the Head of State of
the country under attack.
8. The political nature of the "indictment" was further made obvious by
the "Chief Prosecutor's" press statement earlier
today in which she expressed her view that the "indicted" Head of State
cannot be considered a partner of any
negotiations about a peaceful settlement of the conflict. Such a
statement makes a mockery of whatever legal standards
the so-called "Tribunal" claims to adhere to. By her statement, the
"Chief Prosecutor" has tried to act as a surrogate
politician and to influence political events in the interest of those
NATO countries presently waging war against Yugoslavia.
9. When, in violation of the United Nations Charter, a self-appointed
group of states claiming to act on behalf of
international peace and human rights, wages an all-out war against a
sovereign member state of the United Nations and
deliberately destroys the civilian infrastructure of that country with
impunity, the present move by functionaries of the
so-called "Tribunal" to declare the legitimate leaders of the country
under attack as criminals, can only be seen as an act
to hamper the international community's efforts to settle the conflict
in Yugoslavia by peaceful means. This move
undermines all efforts to settle the conflict within the framework of
the United Nations and only prolongs the suffering of
the people of Yugoslavia including the Kosovar Albanians.
10. It would be fitting that the so-called "Tribunal"- if it wants, at
least, to prove its credibility in terms of basic moral
standards, in spite of its legal incompetence as explained above -
should also turn its attention to the practices applied by
the NATO coalition in its undeclared war against the people of
Yugoslavia (including the province of Kosovo).
The provisions of Article 3 of the so-called "Tribunal" identify, among
others, the following practices as "violations of the laws or customs of
war":
(a) "employment of poisonous weapons or other weapons calculated to
cause unnecessary suffering;" (c) "attack, or bombardment, by whatever
means, of undefended towns, villages, dwellings, or buildings;" etc.
NATO's use of depleted uranium missiles and of cluster bombs, NATO's
attacks on villages, civilian buses etc. fall clearly within the
definition of "violations of the laws or customs of war" as given in the
Statute of that very "Tribunal" not to speak of the numerous grave
breaches of the Geneva Conventions of 1949 committed by the NATO
alliance, for which the "Tribunal" also claims to be competent according
to Article 2 of its Statute. As long as the "Tribunal" does not take
action against those NATO politicians and military officers responsible
for these grave breaches of international
humanitarian law, the "Tribunal" can only be considered as one more
futile exercise in the political use of judicial
procedures within the framework of a "policy of double standards" which
seems to be the essence of power politics in NATO's "New World Order."
11. A dangerous precedent is being created by this new use of judicial
procedures for the purposes of power politics. The
separation of powers, one of the basic requirements of the rule of law,
is being completely neglected when a purely
political organ of the United Nations, the Security Council, arrogates
to itself judicial powers by establishing an
"International Criminal Tribunal," and when the functionaries of this
"Tribunal" act as surrogate politicians effectively
hindering a political settlement of an international armed conflict. The
sole responsibility for whichever judicial matters in
international affairs rests with the International Court of Justice. It
is this institution alone that decides on the legal
questions related to aggression by one state or a coalition of states
against another state, and that decides on issues of
international humanitarian law.
12. Because of the regrettable paralysis of the Security Council, the
member states of the United Nations as represented
in the General Assembly should take immediate action on the basis of the
"Uniting for Peace Resolution" (res. 377 A [V]
of the General Assembly) in order to prevent a further dangerous
deterioration of the situation in Yugoslavia. When
otherwise invalid legal procedures are being used to prevent a just
political settlement and when the ongoing large-scale
bombing of Yugoslavia causes an ecological disaster rendering large
areas uninhabitable, urgent action is required by the
international community. If this new form of self-righteous power
politics is not being checked, similar action may be
taken in the time to come against other sovereign countries and their
leadership. In this case, the "rule of force" will
replace whatever remains of the "rule of law" in international
relations. International anarchy will be the inevitable result.
All political leaders and people of good will should unite against this
most serious threat to the international order since the
end of the Cold War.
Dr. Hans Koechler, President
[Reprinted from the IPO Website at http://i-p-o.org/yu-tribunal.htm%5d
For more on the War Crimes Tribunal, see:
'Back to the Dark Ages?' by Jared Israel at
http://emperors-clothes.com/articles/jared/bac.htm
'The War Crimes Tribunal: Illegal Origins' By Dr. Kosta Cavoski at
http://emperors-clothes.com/articles/cavoski/c-3.htm
'The War Crimes Tribunal: Learning from the Inquisition'
By Dr. Kosta Cavoski at
http://emperors-clothes.com/articles/cavoski/c-4.htm
Secret witnesses; some defendants are more equal than others.
---
Questa lista e' provvisoriamente curata da componenti della
ASSEMBLEA ANTIMPERIALISTA (ex Coord. Naz. "La Jugoslavia Vivra'"):
> http://www.tuttinlotta.org
I documenti distribuiti non rispecchiano necessariamente le
opinioni delle realta' che compongono questa struttura, ma
vengono fatti circolare per il loro contenuto informativo al
solo scopo di segnalazione e commento ("for fair use only").
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----------------------------------------------------------------------
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www.tenc.net
[Emperor's Clothes]
Illegal Tribunal - Illegal Indictment
Statement of the International Progress Organization on the Hague War
Crimes Tribunal's indictment of Serbian Leaders
Dr. Hans Koechler, President [posted 23 April 2001]
[The following statement was written just after the 'War Crimes
Tribunal' brought 'indictments' against Slobodan Miloshevich (Milosevic)
and other Serbian government leaders in 1999. The text was sent to us
recently by a contributor from Germany. It was published by the
International Progress Organization, an
NGO (non-governmental organization) which has worked in various
associations with the United Nations
for almost 30 years. It makes excellent points, especially about the
sheer illegality of the "War Crimes
Tribunal". We post it for your information - Jared Israel.]
The International Progress Organization hereby presents the following
legal observations on today's "indictment" by the "International
Criminal Tribunal":
1. The "indictment" issued by the "Chief Prosecutor" of the so-called
"International Criminal Tribunal for the Former
Yugoslavia" is legally invalid because this "Tribunal" has no
jurisdiction whatsoever in the present or any other case.
2. The "Tribunal" derives its raison d'�tre exclusively from Security
Council resolution 827, adopted at the Council's
3217th meeting on 25 May 1993. In this resolution, establishing the
so-called "International Criminal Tribunal," the
Security Council states that it acts "under Chapter VII of the Charter
of the United Nations."
3. When adopting the above resolution, the Security Council acted ultra
vires. According to the provisions of the U.N.
Charter, the Council has no competence whatsoever in judicial matters.
The provisions of Chapter VII determine the
Council's competence in matters of international security but not in
matters of criminal justice or other judicial matters.
The sole authority in international judicial matters rests with the
International Court of Justice.
4. The "determination," in the preamble of Security Council resolution
827, paragraph four, that the "widespread and
flagrant violations of international humanitarian law" on the territory
of the former Yugoslavia "constitute a threat to
international peace and security" does not provide a sound legal basis
for the Security Council acting as a surrogate
judicial authority or establishing an international court with
jurisdiction in this or any other case.
5. It is regrettable that the institution of the Security Council, while
being unable to stop the undeclared war waged by
NATO countries against Yugoslavia in violation of international law, and
while being prevented, because of the veto power
of countries conducting the present war, from restoring international
peace and security in Yugoslavia, is now being used
to take a so-called "judicial" action against the legitimate Head of
State and other high officials of the country under
attack.
6. Under the present circumstances, the move by the "Chief Prosecutor"
of the so-called "Tribunal," Ms. Louise Arbour,
can only be considered of political nature. This interpretation is
confirmed by today's statement of the President of the
United States who declared that the "indictment" by the "Tribunal" can
be seen as an endorsement of NATO's campaign.
7. The purely political nature of the "indictment" and the lack of any
legal validity of this decision can further be seen from
the fact that the "President" of the so-called "Tribunal," Ms. Gabrielle
Kirk McDonald (United States of America), the
"Chief Prosecutor," Ms. Louise Arbour (Canada), and the investigating
"judge" in the present case, Mr. David Anthony
Hunt (Australia), are citizens either of NATO member countries directly
responsible for the undeclared war against
Yugoslavia or of a country fully endorsing the NATO war. If the
"Tribunal" would have taken general legal standards of
impartiality seriously, it would have been obliged to determine that
there is a conflict of interest for "judges" from countries
waging an undeclared war against Yugoslavia to sit on such a panel
initiating "judicial" action against the Head of State of
the country under attack.
8. The political nature of the "indictment" was further made obvious by
the "Chief Prosecutor's" press statement earlier
today in which she expressed her view that the "indicted" Head of State
cannot be considered a partner of any
negotiations about a peaceful settlement of the conflict. Such a
statement makes a mockery of whatever legal standards
the so-called "Tribunal" claims to adhere to. By her statement, the
"Chief Prosecutor" has tried to act as a surrogate
politician and to influence political events in the interest of those
NATO countries presently waging war against Yugoslavia.
9. When, in violation of the United Nations Charter, a self-appointed
group of states claiming to act on behalf of
international peace and human rights, wages an all-out war against a
sovereign member state of the United Nations and
deliberately destroys the civilian infrastructure of that country with
impunity, the present move by functionaries of the
so-called "Tribunal" to declare the legitimate leaders of the country
under attack as criminals, can only be seen as an act
to hamper the international community's efforts to settle the conflict
in Yugoslavia by peaceful means. This move
undermines all efforts to settle the conflict within the framework of
the United Nations and only prolongs the suffering of
the people of Yugoslavia including the Kosovar Albanians.
10. It would be fitting that the so-called "Tribunal"- if it wants, at
least, to prove its credibility in terms of basic moral
standards, in spite of its legal incompetence as explained above -
should also turn its attention to the practices applied by
the NATO coalition in its undeclared war against the people of
Yugoslavia (including the province of Kosovo).
The provisions of Article 3 of the so-called "Tribunal" identify, among
others, the following practices as "violations of the laws or customs of
war":
(a) "employment of poisonous weapons or other weapons calculated to
cause unnecessary suffering;" (c) "attack, or bombardment, by whatever
means, of undefended towns, villages, dwellings, or buildings;" etc.
NATO's use of depleted uranium missiles and of cluster bombs, NATO's
attacks on villages, civilian buses etc. fall clearly within the
definition of "violations of the laws or customs of war" as given in the
Statute of that very "Tribunal" not to speak of the numerous grave
breaches of the Geneva Conventions of 1949 committed by the NATO
alliance, for which the "Tribunal" also claims to be competent according
to Article 2 of its Statute. As long as the "Tribunal" does not take
action against those NATO politicians and military officers responsible
for these grave breaches of international
humanitarian law, the "Tribunal" can only be considered as one more
futile exercise in the political use of judicial
procedures within the framework of a "policy of double standards" which
seems to be the essence of power politics in NATO's "New World Order."
11. A dangerous precedent is being created by this new use of judicial
procedures for the purposes of power politics. The
separation of powers, one of the basic requirements of the rule of law,
is being completely neglected when a purely
political organ of the United Nations, the Security Council, arrogates
to itself judicial powers by establishing an
"International Criminal Tribunal," and when the functionaries of this
"Tribunal" act as surrogate politicians effectively
hindering a political settlement of an international armed conflict. The
sole responsibility for whichever judicial matters in
international affairs rests with the International Court of Justice. It
is this institution alone that decides on the legal
questions related to aggression by one state or a coalition of states
against another state, and that decides on issues of
international humanitarian law.
12. Because of the regrettable paralysis of the Security Council, the
member states of the United Nations as represented
in the General Assembly should take immediate action on the basis of the
"Uniting for Peace Resolution" (res. 377 A [V]
of the General Assembly) in order to prevent a further dangerous
deterioration of the situation in Yugoslavia. When
otherwise invalid legal procedures are being used to prevent a just
political settlement and when the ongoing large-scale
bombing of Yugoslavia causes an ecological disaster rendering large
areas uninhabitable, urgent action is required by the
international community. If this new form of self-righteous power
politics is not being checked, similar action may be
taken in the time to come against other sovereign countries and their
leadership. In this case, the "rule of force" will
replace whatever remains of the "rule of law" in international
relations. International anarchy will be the inevitable result.
All political leaders and people of good will should unite against this
most serious threat to the international order since the
end of the Cold War.
Dr. Hans Koechler, President
[Reprinted from the IPO Website at http://i-p-o.org/yu-tribunal.htm%5d
For more on the War Crimes Tribunal, see:
'Back to the Dark Ages?' by Jared Israel at
http://emperors-clothes.com/articles/jared/bac.htm
'The War Crimes Tribunal: Illegal Origins' By Dr. Kosta Cavoski at
http://emperors-clothes.com/articles/cavoski/c-3.htm
'The War Crimes Tribunal: Learning from the Inquisition'
By Dr. Kosta Cavoski at
http://emperors-clothes.com/articles/cavoski/c-4.htm
Secret witnesses; some defendants are more equal than others.
---
Questa lista e' provvisoriamente curata da componenti della
ASSEMBLEA ANTIMPERIALISTA (ex Coord. Naz. "La Jugoslavia Vivra'"):
> http://www.tuttinlotta.org
I documenti distribuiti non rispecchiano necessariamente le
opinioni delle realta' che compongono questa struttura, ma
vengono fatti circolare per il loro contenuto informativo al
solo scopo di segnalazione e commento ("for fair use only").
Archivio:
> http://www.domeus.it/circles/jugoinfo oppure:
> http://groups.yahoo.com/group/crj-mailinglist/messages
Per iscriversi al bollettino: <jugoinfo-subscribe@...>
Per cancellarsi: <jugoinfo-unsubscribe@...>
Per inviare materiali e commenti: <jugocoord@...>
Sito WEB (non aggiornato):
> http://digilander.iol.it/lajugoslaviavivra
----------------------------------------------------------------------
I gruppi di discussione + interessanti e divertenti!
Le liste + calde!! Il meglio di Domeus!!!
Iscriviti a listparade-subscribe@...
e visita il sito del momento:
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