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
***
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Emperor's Clothes does not charge a subscription fee. But of course
nothing is free.
For example, the cost of Lexis, our news media search engine, has
doubled. Apparently they figured out that it is the best method of
rapidly locating news stories from thousands of sources over the past
twenty years and therefore people like Emperor's Clothes can't get
along without it. At the moment we are almost $1500 (U.S.) behind on
Lexis payments. Not to mention phone bills.
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02461-0321. (USA)
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credit card information.
Thanks for reading Emperor's Clothes!
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[Emperor's Clothes]
---
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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
***
We may be free but we do need money...
Emperor's Clothes does not charge a subscription fee. But of course
nothing is free.
For example, the cost of Lexis, our news media search engine, has
doubled. Apparently they figured out that it is the best method of
rapidly locating news stories from thousands of sources over the past
twenty years and therefore people like Emperor's Clothes can't get
along without it. At the moment we are almost $1500 (U.S.) behind on
Lexis payments. Not to mention phone bills.
Any help you can send will be greatly appreciated.
You can mail a check to Emperor's Clothes, P.O. Box 610-321, Newton, MA
02461-0321. (USA)
You can make a credit card donation by going to our secure server at
http://emperors-clothes.com/howyour.html#donate
Or make a donation over the phone. Call us at (U.S.) 617 916-1705
between 9:30 AM and 5:30 PM, Eastern Time (USA) and Bob will take your
credit card information.
Thanks for reading Emperor's Clothes!
www.tenc.net
[Emperor's Clothes]
---
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
----------------------------------------------------------------------
PERCHE' ASPETTARE UN'EVENTO PER FARE REGALI!
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nella vostra casella di posta!
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