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International War Crimes Trial: Charges and Alleged Perpetrators

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International War Crimes Trial

Charges and Alleged Perpetrators


Initial Complaint

Charging:

George W. Bush, Richard Cheney, Colin Powell, Donald Rumsfeld, and Others named
with

Crimes Against Peace, War Crimes, Crimes Against Humanity and Other Criminal Acts and High Crimes in Violation of the Charter of the United Nations, International Law, the Constitution of the United States and Laws made in Pursuance Thereof.

Preliminary Statement

These charges have been prepared prior to the first hearing of the Commission of Inquiry by its staff. They are based on direct and circumstantial evidence from public and private documents; official statements and admissions by the persons charged and others; eyewitness accounts; Commission investigations and witness interviews in Iraq, the Middle East and elsewhere; photographs and video tape; expert analyses; commentary and interviews; media coverage, published reports and accounts gathered.

Commission of Inquiry hearings will be held where evidence is available supporting, expanding, adding, contradicting, disproving or explaining these, or similar charges against the accused and others of whatever nationality. When evidence sufficient to sustain convictions of the accused or others is obtained and after demanding the production of documents from the U.S. government, and others, and requesting testimony from the accused, offering them a full opportunity to present any defense personally, or by counsel, the evidence will be presented to an International War Crimes Tribunal. The Tribunal will consider the evidence gathered, seek and examine whatever additional evidence it chooses and render its judgment on the charges, the evidence, and the law.

Crimes Against Peace
from International Military Tribunal, 1946, article 6:

6(a) Crimes against peace: namely, planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing "

"Leaders, organizers, instigators and accomplices participating in the formulation or execution of a common plan or conspiracy to commit any of the foregoing crimes are responsible for all acts performed by any persons in execution of such plan."

Crimes Against Peace: Responsibility

Five important principles are contained in these portions of the Charter:

(1) The Charter imposes "individual responsibility" for acts constituting "crimes against peace";

(2) The term "Crimes against peace" embraces planning, preparation, initiation, or waging of illegal war;

(3) The term "Crimes against peace" also embraces participation in a common plan or conspiracy to commit illegal war;

(4) An illegal war consists of either a war of aggression, or a war in violation of international treaties, agreements, or assurances; (these two kinds of illegal war might not necessarily be the same; it will be sufficient for the prosecution to show either that the war was aggressive irrespective of breach of international treaties, agreements or assurances, or that the war was in violation of international treaties, agreements or assurances irrespective of whether or not it was a war of aggression; but the American prosecution will undertake to establish that the wars planned, prepared, initiated, and waged by the Nazi conspirators were illegal for both reasons);

(5) Individual criminal responsibility of a defendant is imposed by the Charter not merely by reasons of direct, immediate participation in the crime. It is sufficient to show that a defendant was a leader, an organizer, instigator, or accomplice who participated either in the formulation or in the execution of a common plan or conspiracy to commit crimes against peace. In this connection, the Charter declares that the responsibility of conspirators extends not only to their own acts but also to all acts performed by any persons in execution of the conspiracy.


Charges:

Conspiring and ultimately launching an aggressive war - committing war crimes - committing crimes against humanity.

The following acts are crimes coming within the jurisdiction of the Tribunal for which there shall be individual responsibility:

(a) Crimes against Peace:
namely, planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing:

(b) War Crimes:
namely, violations of the laws or customs of war. Such violations include, but not be limited to, murder, ill-treatment or deportation to slave labor or for any other purpose of civilian population of or in occupied territory, murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns or villages, or devastation not justified by military necessity:

(c) Crimes against Humanity:
namely, murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war, or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated ...

Additional violations

  • The use of cluster bombs in civilian areas. Several witnesses report children being wounded by these munitions lying in the street.

  • The use of napalm, phosphorus, or other incendiary bombs. These are anti-personnel weapons outlawed under the 1977 Geneva Protocols.

  • Attacks on a non-combative population, non-military targets and defenseless towns, villages, settlements and buildings.

  • The natural environment was destroyed by air assaults that were disproportionate to the desired military objective.

  • Allowing the plundering of civilian and cultural institutions. Charges cites the Al Beit Al Iraqi cultural centre in Baghdad being plundered, although American tanks were closely monitoring the area.

Prohibited weapons

  1. The use of asphyxiating gases is prohibited. The U.S. violated this by its use of fuel-air explosive bombs on Iraqi frontline troops; these bombs are terror bombs which can burn the oxygen over a surface of one or two square kilometers, destroying human life by asphyxiation.

  2. These fuel-air bombs and the U.S. use of napalm are also outlawed by the Hague and Geneva Conventions, which prohibit the use of weapons causing unnecessary harm to combatants. A particular example is the stingray blinding laser system which is supposed to knock out optics on enemy weapons, but has the side effect of blinding soldiers as well who operate the weapons.

  3. The bombing of peaceful nuclear power facilities is forbidden and particularly so because of the dangers of the spread of radioactivity. The UN International Atomic Energy Agency classified the reactors as peaceful, yet the U.S. bombed them, not caring about the spread of radioactivity. The bombing was intentional and planned in advance, clearly in violation of international law.

  4. Both the Hague Convention of 1954 and Protocol I to the Geneva Conventions prohibit attacks against historic monuments, works of art, places of worship and sites which constitute the cultural and spiritual heritage of a people. Catholic churches, a 4th century monastery and a Sunni Moslem mosque represent just some of the massive violations that occurred.

  5. Protocol I of the Geneva Convention also requires protection of the natural environment against widespread and severe damage - the U.S. massive bombing, the blowing up of reactors, the hitting of oil storage facilities all violate this prohibition.


Charged

Leaders:

Baker III, James A.
Bennett, Bill
Bolton, John
Bush Sr., George H. W.
Cheney, Dick
Gingrich, Newt, Chairman Committee for Liberation of Iraq
Olson, Ronald L., Rand Corporation
Perle, Richard,
Rove, Karl
Schultz, George, Committee for Liberation of Iraq
Thomson, James A., Rand Corporation

CONSPIRATORS:

Adelman, Ken
Abrams, Elliot, National Security Council
Armitage, Richard Lee, Deputy Secretary of State
Ashcroft, John
Blackwill, Robert D., Council on Foreign Relations
Bush, George W., President
Feith, Douglas J., Deputy Secretary of Defense
Friedman, Stephen, National Economic Council
Gaffney Jr., Frank J., spokesman
Huntington, Samuel
Ledeen, Michael
Libby, Lewis S., Secretary General to VP
Rice, Condoleeza
Woolsey, James
Zakheim, Dov S., Pentagon

Organizers:

Clarke, Victoria, publicist
Downie, Colonel Richard D., School of the Americas
Eberhart, Ralph E., Commander in Chief Forces in US
Hadley, Stephen J., Deputy National Security Advisor
Hayden, Michael V., National Security Agency
Kirkpatrick, Jeane J., Reprisentative to UN Human Rights Commission
Pipes, Daniel
Poindexter, John M., Information Awareness Office
Powell, Colin L., Secretary of State
Reich, Otto, Director of the School of the Americas, terrorist
Tenet, George J., Director of CIA

COORDINATORS:

Abraham, Spencer, Energy Secretary
Bolton, John R., Deputy Secretary of State
Evans, Don, Commerce Secretary
Fleischer, Ari, White House spokesman
Norton, Gale, Secretary of the Environment
Snow, John William, Secretary of the Treasury
Worden, Simon P., Office of Strategic Influence
Zoellick, Robert B., Chief US WTO Negotiator

OBSTRUCTIONISTS:

Harris, Katherine
Rehnquist, William Hubbs
Scalia, Antonin
Starr, Kenn
Thomas, Clarence

Instigators:

Auchter, Thorne G., Grace News Network
Falwell, Jerry
Khalilzad, Zalmay
Kissinger, Henry
Kristol, William, Project for a New American Century
Mays, L. Lowry, Clear Channel
Murkowski, Frank
Murdoch, K. Rupert, News Corporation Ltd.
Robertson, Pat

PNAC SIGNATORIES:

Cohen, Eliot A.
Decter, Midge
Dobriansky, Paula
Forbes, Steve
Friedberg, Aaron
Fukuyama, Francis
Gaffney, Frank
Ikle, Fred C.
Kagan, Donald
Podhoretz, Norman
Quayle, Dan
Rodman, Peter W.
Roden, Stephen P.
Rowen, Henry S.
Weber, Vin
Weigel, George

Accomplices:

Armey, Richard
Barr, Bob
Bauer, Gary
Bush, Jeb
Card, Andrew
Chambliss, Saxby
DeLay, Tom
Dornan, Bob
Frist, William Harrison
Hastert, Dennis
Keyes, Alan
Lott, Trent
Olson, Ted
Nickles, Don
Racicot, Marc
Souder, Mark

PROPAGANDISTS:

Ailes, Roger
Coulter, Ann
Drudge, Matt
Graham, Franklin, Pentagon televangelist
Hannity, Sean
Hughes, Karen
Hume, Brit
Kagan, Robert, Washington Post columnist
Limbaugh III, Rush
Miller, Dennis
Novak, Bob
Noonan, Peggy
O'Reilly, Bill
Reed, Ralph
Scarborough, Joe
Snow, Tony
Weiner, Michael
Will, George

Participants:

Bremer III, L. Paul, Proconsul to Iraq
Myers, Richard B., Interarms Chief of Staff
Negroponte, John D., Ambassador to Iraq
Wolfowitz, Paul D., Deputy Secretary of Defense
Franks, General Tommy,

ALLIES:

Aznar, Jose Maria, Prime Minister Spain
Berlusconi, Silvio, Prime Minister Italy
Blair, Anthony Charles Lynton, Prime Minister UK
Gotha, Simeon Saxe-Coburg, Prime Minister Bulgaria
Hoon, Geoff, Defence Secretary UK
Ingram, Adam, Minister of State for the Armed Forces
Karzai, Hamid
Sharon, Ariel, Prime Minister Israel
Straw, Jack, Foreign Secretary UK

OPPORTUNISTS:

Bechtel, Riley P., Bechtel
Carroll, Philip J. , Shell Oil, USA
Caveney, Red , American Petroleum Institute
Derr, Ken, Halliburton
Ford JR., William Clay, Ford
Irani, Ray, Occidental Petroleum
Lesar, David J., Halliburton
Monsanto
Novak, David, Yum! Brands
O'Reilly, David J. , ChevronTexaco
Raymond, Lee, ExxonMobil
Scowcroft, General Brent, Qualcomm
Sutherland, Peter, British Petroleum
Wagoner Jr, G. Richard, General Motors
Williamson, Charles R. , Unocal

Participants:

Barton, Glen A., Caterpillar, Inc.
Burnham, Daniel P. , Raytheon
Carlucci, Frank, The Carlyle Group
Chabraja, Nicholas D. , General Dynamics
Coffman, Vance D. , Lockheed Martin
Condit, Philip M. , Boeing
David, George, United Technologies
Davis Jr., Don H., Rockwell Automation
Garner, Jay, SY Coleman
Gerstner Jr., Louis V., Carlyle Group
Hemingway, Jon, Stevedoring Services of America
Immelt, Jeffrey R., General Electric
Jackson, Bruce P., Lockheed Martin
Kean, Thomas , Amerada-Hess
Lombardi, Paul V., DynCorp
Lopez, Joe, Kellogg, Brown & Root
Nunn, Sam, General Electric
Rabaut, Thomas W. , United Defense Industries
Stevens, Robert J., Lockheed Martin
Sugar, Ronald , Northrop Grumman
Vuono, General Carl E. , Military Professionals Resources Inc.

FINANCIERS:

Browne of Madingley, The Lord John, Goldman Sachs
Buffet, Warren, speculator
Weill, Sanford, Citigroup
Export Credit Agencies
The International Monetary Fund
The World Bank Group
The World Trade Organization


Excerpt from
International War Crimes Trial


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