1 avril 2008 2 01 /04 /avril /2008 11:35
Mass Murder in Palestine - George Galloway MP Part 1
Part I


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29 mars 2008 6 29 /03 /mars /2008 17:38
Online Journal
Mar 28, 2008



Classified memo reveals

Iraqi prisoners as "starving"


By Jason Leopold


Online Journal Contributing Writer

 




Source:newsimg.bbc.co.uk

 

 

A classified memo written by a top military official stationed in western Iraq reveals that a prison in downtown Fallujah is so overcrowded and dirty that it does not even meet basic “minimal levels of hygiene for human beings.”

 

“The conditions in these jails are so bad that I think we need to do the right thing in terms of caring for the prisoners even with our own dollars, or release them,” says the memo, written late last month by Maj. Gen. John Kelly, commander of U.S forces in western Iraq.

 

The classified document, leaked to Wikileaks, a website where whistleblowers can "reveal unethical behavior in their governments and corporations," was authenticated by the organization.

 

The memo contains other shocking revelations about conditions at the jail, including a massive shortage of food and water. The prison is said to be run by Iraqi officials. US Marines oversee operation of the facility.

 

“I found the conditions there to be exactly (unbelivable [sic] over crowding, total lack of anything approaching even minimal levels of hygiene for human beings, no food, little water, no ventilation) to those described in the recent (18 February) FOX news artickle [sic] by Michael Totten entitled the "Dungeon of Fallujah.,” says Kelly’s memo. “We need to go to general quarters on this issue right now . . . To state that the current system is broken would erroneously imply that there is a system in place to be broken."

 

Totten, an independent journalist, said the prison can house a maximum of 110 prisoners but he discovered that there were more then 900 cramped into the facility. US contractors built the prison in 2005, which is located next to the US Joint Communications Center.

 

It is unknown who Kelly sent the memo to. A Pentagon spokesman did not return calls for comment late Wednesday.

 

Kelly wrote that when he inspected the prison “iraqis [sic] and marines present throughout my inspection as to why these conditions existed, three conditions were universaly [sic] cited as problems in Fallujah as well as the rest of Anbar.”

 

“First, there is zero support from the government for any of the jails in Anbar. No funds, food or medical support has been provided from any ministry,” Kelly added. “Second, the police that run Anbar's jails are the same personnel responsable [sic] for investigating crimes. These jailer/investigators are undermanned and more often than not spend most of their time out begging and scavenging for food than investigating crimes. (It is unlikely the prisoners will eat today) . . . I believe the Iraqi police are doing the best they can, and they literally begged me on humanitarian, moral and religious grounds to help them help the prisoners by somehow moving the government to action.”

 

In a report published earlier Wednesday, Lt. Col. Michael Callanan told United Press International that following an inspection of the prison by Kelly, US forces decided to “advise and assist” Iraqis managing the jail and are providing food to the prisoners.

 

"They are being fed now," Callanan told UPI.

 

The US military turned over control of Fallujah to the 1st Iraqi Army Division in December 2006. Since then, the US military and top White House officials have cited Fallujah as a city where efforts to install democratic values and the rule of law have paid off. Hundreds of millions of dollars have been spent in that city alone to train Iraqi police and security forces.

 

But Kelly’s memo contradicts the Bush administration's claims.

 

He describes how the US military, after five years since the US invaded the country and more than a half-billion dollars spent by US taxpayers, still cannot seem to find success training Iraq security forces.

 

“The Iraqi police will ultimately be the ones whose shoulders the burden of winning or losing the fight will be carried,” the classified memo says. “To date, little attention has been paid to the Iraqi corrections system in Anbar and its current discrepancies will prevent the [Iraqi police] from becoming a professional law enforcement force unless immediate and significant support is provided.”

 

 

Jason Leopold is the author of the National Bestseller, "News Junkie," a memoir. Visit www.newsjunkiebook.com for a preview. He is also a two-time winner of the Project Censored award, most recently, in 2007, for an investigative story related to Halliburton's work in Iran. He was recently named the recipient of the Military Religious Freedom Foundation’s Thomas Jefferson Award for a series of stories he wrote that exposed how soldiers in Iraq and Afghanistan have been pressured to accept fundamentalist Christianity. Leopold is working on a new nonprofit online publication, expected to launch soon.

http://onlinejournal.com/artman/publish/printer_3111.shtml

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12 mars 2008 3 12 /03 /mars /2008 05:24

 

   

U.S. Broadcast Exclusive - Scenes from "Fallujah: The Hidden Massacre" on the U.S. Use of Napalm-Like White Phosphorus Bombs in Iraq Democracy Now! airs an exclusive excerpt of "Fallujah: The Hidden Massacre," about napalm-like White Phosphorous Bombs, featuring interviews with U.S. soldiers, Iraqi doctors and international journalists on the U.S. attack on Fallujah. Produced by Italian state broadcaster RAI TV, the documentary charges U.S. warplanes illegally dropped white phosphorus incendiary bombs on civilian populations, burning the skin off Iraqi victims. One U.S. soldier charges this amounts to the U.S. using chemical weapons against the Iraqi people.

A Debate: Did the U.S. Military Attack Iraqi Civilians With White Phosphorus Bombs in Violation of the Geneva Conventions?

We speak with a former U.S. soldier who witnessed orders being given to drop white phosphorus bombs over Fallujah; a Pentagon spokesperson in Baghdad who admits such bombs were used but denied they were used as a chemical weapon; and the news director of RAI TV, the Italian TV network that produced “Fallujah: The Hidden Massacre.”


Covering Up Torture? At Pentagon's Request the Washington Post Refuses To Report on Location Of Secret CIA Jails in Europe

We speak with Peter Kornbluh of the National Security Archives on the paper's decision to abide by a Pentagon request not to name which European nations house these secret facilities. Kornbluh compares this decision to the New York Times' refusal to report on details of the U.S. invasion of the Bay of Pigs in Cuba in 1961.

To see the entire documentary, "Fallujah: The Hidden Massacre", go to: http://en.wiki.globaltruth.org/Fallujah:_The_Hidden_Massacre



Photo: http://dvmx.com


GlobalTruth.org 2005

 

http://www.internationalnews.fr/article-The U.S. used Chemical Weapons in Iraq (Democracy Now video, 1h)-NaN.html

 

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12 mars 2008 3 12 /03 /mars /2008 05:13

http://the-cosmos.org/01-Video/2006/img/StarWarsInIraq.jpg  

24 mn 53 s -  

“Star Wars in Iraq” is a new investigative report by Maurizio Torrealta and Sigfrido Ranucci
http://www.informationclearinghouse.info/article13129.htm

 According to official Pentagon sources, military vehicles equipped with this laser device have been used in Afghanistan to explode mines. According to two reliable military information sites – Defense Tech and Defence Industry Daily - at least three such vehicles are being used in Iraq as well and some people report having seen them.




TRANSCRIPT


St by Majid Al Ghezali They used incredible weapons

Patrick Dillon Experimental weapons?

Majid Al Ghezali Yes… Yes, I think. They shoot the bus. We saw the bus like a cloth, like a wet cloth. It seemed like a Volkswagen, a big bus like a Volkswagen.

This testimony was reported to American filmmaker Patrick Dillon a few weeks after the battle for the airport. The person interviewed, Majid al Ghezali, is a well-known and respected man in Baghdad, who is the first violinist in the city orchestra.

In addition to describing the battle, Majid al Ghezali wanted to show Patrick Dillon the site near the airport where this mysterious weapon was used, along with the traces of fused metal still visible, and the irregularly sized ditches where the cadavers were buried before they were exhumed.

We sought out Majid al Ghezali to hear more details of his story. We met up with him in Amman and he pointed out some inexplicable peculiarities on the bodies of the victims of the battle for the airport.

Majid Al Ghezali Just the head was burnt. In the other parts of the body there wasn’t anything.

Al Ghezali reported that he had seen three passengers in a car, all dead, with their faces and teeth burnt, their clothes intact, and no sign of projectiles.

Majid Al Ghezali There wasn’t any bullet. I saw their teeth, just the teeth, and they had no eyes, all of them, there was nothing on their bodies.

There were other inexplicable aspects: the terrain where the battle took place was dug up by the American military and replaced with other fresh earth; the bodies that were not hit by projectiles had shrunk to just slightly more than one meter in height.

Majid Al Ghezali Except the ones killed by the bullets, most of them became very small. I mean… like that… Something like that.

When we asked Majid what weapon he imagined had been used, he said that he had reached the conclusion that it must have been a laser weapon.

Majid Al Ghezali One year later we heard that they used an update technology, a unique one, like lasers.

We found another disturbing document on the use of mysterious weapons in Iraq, which referred to episodes that took place almost at the same time as those described by Majid al Ghezali.

Saad al Falluji They were 26 in the bus. About 20 of them had no head, the head had been cut, some of them had no arms or no legs. The only unwounded was the driver and really I don’t know how he reach our hospital, because one arm was on his side, one head just beside him. It was a very strange and horrible situation. In the roof of the car there were parts of the body: intestines, brains, all parts of the body. It was a very very very miserable situation.

Geert Van Moorter (medical doctor working in Iraq during and after the war, as a volunteer for the belgiam NGO Medical Aid fot the Third World) Do you have idea with what kind of weapon the attacked the bus?

Saad al Falluji We don’t know with what kind of weapon they hit this bus.

Doctor n°2 It seems to be a new weapon

Saad al Falluji Yes, a new weapon

Doctor n°2 They are trying to do experiments on our civilians. Nobody could identify the type of this weapon.

We went to Belgium to find the filmmaker of this sequence, Geert Van Moorter, a doctor working as a volunteer in Iraq.

Geert Van Moorter This footage is taken at the General Teaching Hospital in Hilla, which is about 100 Km from Baghdad, and close to the historical site of Babylon. There I talked with the colleague doctor Saad al Falluji, which is the chief surgeon in that hospital.

Doctor al Falluji said me that the survivors that he operated said him that they did not hear any noise, so there was no explosion to hear, no metal fragments or shrapnels or bullets in their bodies, so they themselves were thinking of some strange kind of weapon which they did not know.

Let’s hear Dr. Saad el Falluji’s story about this in more detail.

Saad al Falluji This bus was very crowded, they were going from Hilla to Kifil, to find their families, but before they had arrived at the American checkpoint the villagers said to them “return back, return back”. When the bus tried to return back it was shot by the checkpoint.


Geert Van Moorter No gunshot wounds?

Saad al Falluji No, no, I don’t know what it was. We are here 10 surgeons and we couldn’t decide which was the weapon that hit this car.

Geert Van Moorter But inside the bodies you did not discover ordinary bullets?

Saad al Falluji We didn’t find bullets, but most of the passengers were dead, so they took them immediately to the refrigerator and we couldn’t dissect and see, but in those who were alive we didn’t find any kind of bullet. We didn’t find bullets in their bodyes.

Doctor n°2 Something cutting organs, cutting limbs, attacking the abdomen, attacking the neck and goes out.

Dr. Falluji also ended up speaking about a laser weapon....

Saad al Falluji I don’t think that the bombing, or the cluster bombs, or the laser weapons can bring democracy to our country.

As in any war, the war in Iraq, left us a dreadful gallery of horror - images of mutilations that not even doctors can explain. The witnesses referred to laser weapons, arms with mysterious effects. We do not know what kind of weapons could produce such terrible effects. We tried to learn more about it, by asking for interviews to members of companies manufacturing laser and microwave weapons. Yet, the US Defence Department prevented any information from being released to us. They also did not answer – up to the time the film was edited – the questions we had sent them in order to know weather or not experimental weapons had been tested in Iraq and Afghanistan.

We then reviewed the Pentagon’s media conferences released before the II Gulf War. Willingness to test new weapons emerged form the words of both the Defence Secretary and General Meyers. The questions from the media on direct energy and microwave weapons produced a certain amount of embarrassment.

American journalist Mr. Secretary, can I ask you a question about some of the technology that you're developing to fight the war on terrorists, specifically directed energy and high-powered microwave technology? Do you -- when do you envision that you can weaponize that type of technology?

Donald Rumsfeld Goodness, it is in -- for the most part, the kinds of things you're talking about are in varying early stages. (To the general.) Do you want to -- do you have anything you would add?

General Myers I don't think I would add much. It's -- I think they are in early stages and probably not ready for employment at this point.

Donald Rumsfeld in the normal order of things, when you invest in research and development and begin a developmental project, you don't have any intention or expectations that one would use it. On the other hand, the real world intervenes from time to time, and you reach in there and take something out that is still in a developmental stage, and you might use it. So the -- your question's not answerable. It is -- depends on what happens in the future and how well things move along the track and whether or not someone feels it's appropriate to reach into a development stage and see if something might be useful, as was the case with the unmanned aerial vehicles.

American journalist But you sound like you're willing to experiment with it.

General Myers Yeah, I think that's the point. And I think -- and it's -- and we have, I think, from the beginning of this conflict -- I think General Franks has been very open to looking at new things, if there are new things available, and has been willing to put them into the fight, even before they've been fully wrung out. And I think that's -- not referring to these particular cases of directed energy or high-powered microwaves, but sure. And we will continue to do that.

But what is meant by directed-energy and microwave weapons? We went to ask retired colonel John Alexander, former program director in one of the most important military research laboratories in the United States, Los Alamos National Laboratory.

Retired Colonel John B. Alexander The research and the concepts for directed energy weapons go back many decades. What is happening is that the technology has now advanced sufficiently that now we are starting to see these weapons becoming real.

There are several types of directed energy weapons and basically what they do is they’re known as “speed of light” because they shoot electrons very fast over very long distances. Lasers of course are in the light range, then there are microwave weapons that are operating at other frequencies, but basically they’re beam weapons, which is nothing physical that goes out, because they move electrons, while the kinetic weapons shoot big bullets to go out and physically hit and destroy something. These work because the energy is deposed on the target and causes some effect.

These images document one of the THEL tests. THEL stands for Tactical High Energy Laser. In the sequence, you can see the laser beam hit and destroy missiles and mortar rounds as they are about to hit the objective.

In this other test we see the laser beam identify and destroy two missiles at the same time.

It doesn’t make any noise and it’s invisible?

Retired Colonel John B. Alexander Some are visible, some are just outside… You have, you know, in the infrared range…

What’s emerging now are laser weapons where the effect is that that of the laser. They can be all burners, in what we call High Energy Lasers, because with the concentrated energy you can literally drill holes, you know, in the target.


Former Pentagon analyst William Arkin, who presently works as a journalist for the Washington Post, also confirms this revolutionary change from kinetic weapons to energy weapons.

William Arkin For thousands of years, the way in which you have killed someone is you have hit them with a sword, a sphere, an arrow, a bullet, a bomb. It’s kinetic, you’re killing them by hitting them. And now, all of the sudden, out of nowhere, you have a completely new physical principle being applied in killing people, in which they don’t know that they’re being killed because their skin and body is being heated by high power microwaves or they are being hit by a laser that would have an instantaneous effect.


There are other types of weapons made with lasers, such as the device we can see in this sequence. The target is not hit by a projectile, but rather by an impulse of energy that manages to bore through the armor of an armored car.

Excluding acoustic weapons, for the moment, the only sign of the use of energy weapons in a war scenario is a laser device known as Zeus. According to official Pentagon sources, military vehicles equipped with this laser device have been used in Afghanistan to explode mines. According to two reliable military information sites – Defense Tech and Defence Industry Daily - at least three such vehicles are being used in Iraq as well and some people report having seen them.


Geert Van Moorter When you showed me the picture of what you described that is a laser weapon, it reminded me that I was talking with some American soldiers, in August 2003, and there was some kind of box on their tank with a blue light like this. I recall it very well not because they said me what it was used for, but because I was teasing a translator, which was an Iraqi female, by telling her “look, with this kind of thing they can look through and see somebody without clothes”. That’s why I remind it, but I have seen for sure this kind of thing on that tank.

William Arkin is one of the American experts who follows the Pentagon activity most closely. So what does Arkin think about the possibility of the use of directed energy weapons in battle in Iraq?

William Arkin You know, there’s even some possibility that high power microwaves have been used experimentally. I think that the panic about IEDs, about Improvised Explosives Devices, has been so bad that if these things are sitting in the lab, I’m sure that they want to get them to Iraq to see whether they are effective. So I can imagine that there could be some, what we call, “black” use of these weapons, but not in any significant way, and certainly not in such a way that one would conclude that they’ve had any impact.

But let’s look at the Pentagon budget figures to see how important the outlay is for directed energy weapons.

William Arkin Right now you have about $50 million a year being spent for non-lethal weapons, you have about another $200 million or so being spent on High Power Microwaves, Active Denial type Systems, you’ve got probably another $100-200 million being spent on “secret”, “black” laser programs, and then you have the big lasers, the High Energy Lasers of the Air force and the other Tactical Lasers. So probably, when you add all of that up, you know the United States are probably spending $½ billion a year right now on directed energy weapons. This is a significant amount of money; this is the size of the Defence Budget of some countries in Europe.

You might think that energy weapons only pose a danger for the countries involved in a military conflict, but that’s not the case. One particular weapon called the Active Denial System – better known as the pain ray – has been built specifically for use in maintaining public order. Given its claim to be non-lethal and the suffering it produces, this weapon could become a very controversial one.

Retired Colonel John B. Alexander The Active Denial System is a Millimetre Wave System, operates at about 93 GHz. It sends out a beam for a very long distance, and what’s important about it is that when it hits the skin it penetrates only a very slight, for a few millimetres under the skin and it it’s the pain receptors and causes, you know, people to be adverse to the pain.

It hurts, it hurts a lot.

The tests that had been run they were to go for 3 seconds, each individual was given a kill switch and nobody made 3 seconds. The answer to the pain is extremely rapid, and you don’t have to do it very long, I mean, it gets your attention instantly.



To understand the consequences this new weapon could have for human rights we went to the Empire State Building in Manhattan, home of the offices of Human Rights Watch, one of the most important human rights organizations.


Marc Garlasco We can see the effects of a gun very easily and understand them, but when you cannot see the effect of a weapon because it is not visible and because the science is not very well understood because technology is so new, then it becomes a grieve concern that enrages the states for potential human rights violations and abuses. And that is something that we have to understand about the Active Denial System, that it exists to create pain and is very different in most other non-lethal weapons where the desire is either to immobilize someone or make it so that they cannot walk in the area. With the Active Denial System the main desire is pain, and we have to be very careful because in international law is very clear that devices created solely for the creation of pain can eventually lead to torture and are therefore illegal, and it’s very critical that the United States does a careful legal review of the Active Denial System and is open with their findings. To date they have not been open.


William Arkin Some people say “ooh acoustic weapons, or High Power Microwave weapons, the Active Denial System, we can use it for crowd control…”

What crowd control? What does that mean?

It pretends that anyone in the crowd is eighteen years old, and male and in good health, and we’re just going to shoot these microwaves or shoot these acoustic weapons on this crowd, and it’s going to be carefully calibrated at a power level, in the intensity and at a range to affect all these eighteen years old men in the crowd.

Well, what crowd is made up of just eighteen years old men?

Look at the Intifada, look at any riot in Iraq today: children, women, pregnant women, old people, and so the effect… the effect that you would need in order to have an impact on a healthy male, you target, would be too much for a child or a pregnant woman or an old person.


Marc Garlasco There’s been a lot of discussion also about the potential for eye damage. They have done some tests on the skin to show that is not harmful, but where is the eye test? And there are concerns raised by scientists about potential harm to the eyes. And we also have concerns about the effects to children, to the infirm, to the elderly… Why are they not producing the data? Why are they not sharing it with us?

As regards the use of the pain ray in the field of war, the military review Defence Industry Daily reports that three Sheriff vehicles were ordered at a price of about 31 million dollars, and that approval has been requested for another 14 vehicles by Brigadier General James Haggin, chief of staff of the multinational forces in Iraq.

Retired Colonel John B. Alexander In my view the next global conflict has already began and we don’t have an understanding of what that conflict looks like. Because of the issues of terrorism for instance the adversaries are going to be I think mixed in with civilian populations. We need weapons that allow us to be able to sort, minimize what they call “collateral casualties”. I think the battlefields are going to be in urban areas.

William Arkin If you look at the Active Denial System, or the High Power Microwaves, or the LRAD, the acoustic weapon, what you see is enthusiasm for those are being displayed by the Us Northern Command, which is the homeland defence command of the United States, or other counterterrorism organizations, which are looking at them like “oh well, maybe, in some special circumstances we can take these secret weapons, boutique weapons, you know, we have only 10 or 20 of them somewhere in a secret place and if we need them we can pull them out and use them in this kind of specialty warfare”. So ironically, even though the Americans would probably think “oh yeah, special new weapon, it would make sense because Iraq is such a mess and maybe we can do something to turn that corner in some way with the use of this weapon, the truth is that the only real way in which they, the military, sees the prospects for the deployment of these is in their domestic use. And you know quite well… that if the United States adopts these weapons for their domestic defence… Nato in Italy are not far behind…

Thanks to Mary Rizzo of http://peacepalestine.blogspot.com/ for bringing this to our attention.

2 déc. 2006 www.ikrazy.com


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10 mars 2008 1 10 /03 /mars /2008 20:33

4 mn 55 s - 27 mars 2007

Noam Chomsky speaks about Guantanamo Bay, Cuba

Since holding people at Guantanamo puts them beyond the reach of law, we know that torture is taking place. Not only that, but the US is violating its own illegal treaty.




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9 mars 2008 7 09 /03 /mars /2008 01:36
March 2008: Fifth Anniversary of the Agression on Iraq

Newsnight
4 mn 44 s - 14 avr. 2006

One news report discussing the revelations that WP was in fact used as a weapon. The argument is that WP is not illegal under any treaty. See link for more opinion.
what-does-it-matter.blogspot.com





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9 mars 2008 7 09 /03 /mars /2008 01:27

http://www.brusselstribunal.org/images/sidon1.jpg 

Update 09 09 2009


The US uses White Phosphorous Weapons in the city of Fallujah November 2004. Afterwards, the Pentagon denied using WP as a weapon but as a munition to create smoke in order to screen troop movements and as an illuminant to light up the battlefield. Later, bloggers on the internet found that the use of WP was used on the enemy combatants in Fallujah and in areas where there were high numbers of civilians still present. 

Photo: http://www.brusselstribunal.org/i

http://www.internationalnews.fr/article-17488734.html
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4 mars 2008 2 04 /03 /mars /2008 21:12
US War Crimes In Mazar (Afghanistan) - Documentary reported by Jamie Doran

Jamie Doran
50 mn 41 s - 3 nov. 2006

The Journalist Jamie Doran was tortured and beaten for reporting about the War Crimes of american army in Afghanistan. When the documentary was shown to the German parliment memebers, they were crying with tears to see the cruelty at its peak. Keywords: terrorism terrorist osama bin laden israel united states palestine conflict massacre lebanon at islam muslims jihad mujahideen islamic mujahid religion beauty nature natural scenery scene terrorstorm.


 


http://www.internationalnews.fr/article-17488635.html
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4 mars 2008 2 04 /03 /mars /2008 21:00
Global Research
March 4, 2008
MSA News - 1998-03-20

Sue Israel for Genocide before
the International Court of Justice

The following article was written more than ten years ago In Honor of the Tenth Anniversary of the Intifadah Gaza City, Palestine - 13 December 1997





Photo:
www.transnational.org


I would like to propose publicly here in Gaza, Palestine--where the Intifadah began ten years ago at this time--that the Provisional Government of the State of Palestine and its President institute legal proceedings against Israel before the International Court of Justice (ICJ) in The Hague (the so-called World Court) for violating the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. I am sure we can all agree that Israel has indeed perpetrated the international crime of genocide against the Palestinian People. The purpose of this lawsuit would be to demonstrate that undeniable fact to the entire world. These World Court legal proceedings will prove to the entire world and to all of history that what the Nazis did to the Jews a generation ago is legally similar to what the Israelis are currently doing to the Palestinian People today: genocide.

There are three steps that should be taken for Palestine to sue Israel before the International Court of Justice for genocide. First, the President of the State of Palestine must deposit an Instrument of Accession to the 1948 Genocide Convention with the U.N. Secretary General, the depositary for the Convention. This Accession would become effective in ninety days.
 

Second, the President of the State of Palestine should deposit a Declaration with the International Court of Justice accepting the jurisdiction of the Court in accordance with the Charter of the United Nations and with the terms and subject to the conditions of the Statute and Rules of the Court, and undertaking to comply in good faith with the decisions of the Court and to accept all the obligations of a Member State of the United Nations under Article 94 of the United Nations Charter. Article 35(2) of the Statute of the International Court of Justice gives the Security Council the power to determine the conditions under which the World Court shall be open to states such as Palestine that are not yet Parties to the ICJ Statute. These conditions have been set forth by the Security Council in a Resolution of 15 October 1946. I would recommend that the State of Palestine consider making a "general declaration" accepting the jurisdiction of the World Court generally in respect of all disputes which have already arisen, or which may arise in the future, as permitted by paragraph 2 of this 15 October 1946 Security Council Resolution.

Pursuant to the terms of paragraph 5 of that Resolution, "All questions as to the validity or the effect of a declaration made under the terms of this resolution shall be decided by the Court." Therefore, it would be for the World Court itself to decide whether Palestine is a State entitled to exercise the powers conferred by the Security Council in its Resolution of 15 October 1946. For reasons explained in more detail below and elsewhere,1 I believe the World Court will decide in favor of Palestine on this matter of its Statehood.

To the same effect is Article 41 of the Rules of Procedure of the International Court of Justice:

Article 41

The institution of proceedings by a State which is not a party to the Statute but which, under Article 35, paragraph 2, thereof, has accepted the jurisdiction of the Court by a declaration made in accordance with any resolution adopted by the Security Council under that Article, shall be accompanied by a deposit of the declaration in question, unless the latter has previously been deposited with the Registrar. If any question of the validity or effect of such declaration arises, the Court shall decide.

The Security Council Resolution referred to in Article 41 that is now in force is the Resolution of 15 October 1946 mentioned above.

In addition, that same Article 35 of the Statute of the International Court of Justice also permits a State such as Palestine that is not a Party to the ICJ Statute to file a lawsuit against another State without making the above-mentioned Declaration provided that both States are parties to a treaty that contains a compromissory clause submitting disputes arising thereunder for adjudication by the World Court:

Article 35


1. The Court shall be open to the states parties to the present Statute.

2. The conditions under which the Court shall be open to other states shall, subject to the special provisions contained in treaties in force, be laid down by the Security Council, but in no case shall such conditions place the parties in a position of inequality before the Court. .... [Emphasis added.]

Article IX of the Genocide Convention, to be quoted in full below, contains such a "special provision" or compromissory clause.

Indeed, the World Court clearly envisioned and expressly approved such a lawsuit by a State Party to the Genocide Convention, which is not a Party to the Statute of the International Court of Justice and has not even made the aforementioned Declaration accepting the jurisdiction of the Court, by means of Paragraph 19 of its 8 April 1993 Order in Case Concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide, (Bosnia and Herzegovina vs. Yugoslavia (Serbia and Montenegro)), Request for the Indication of Provisional Measures, which I personally filed, argued, and won for the Republic of Bosnia and Herzegovina and its President Alija Izetbegovic:

19. Whereas Article 35 of the Statute, after providing that the Court shall be open to the parties to the Statute, continues:

"2. The conditions under which the Court shall be open to other States shall, subject to the special provisions contained in treaties in force, be laid down by the Security Council, but in no case shall such conditions place the parties in a position of inequality before the Court";

whereas the Court therefore considers that proceedings may validly be instituted by a State against a State which is a party to such a special provision in a treaty in force, but is not party to the Statute, and independently of the conditions laid down by the Security Council in its resolution 9 of 1946 (cf. S.S. "Wimbledon", P.C.I.J. 1923, Series A, No. 1, p. 6); whereas a compromissory clause in a multilateral convention, such as Article IX of the Genocide Convention, relied on by Bosnia-Herzegovina in the present case could, in the view of the Court, be regarded prima facie as a special provision contained in a treaty in force; whereas accordingly if Bosnia-Herzegovina and Yugoslavia are both parties to the Genocide Convention, disputes to which Article IX applies are in any event prima facie within the jurisdiction ratione personae of the Court;

[Emphasis added.]

Notice that in the language emphasized above, the World Court ruled that a State Party to the Genocide Convention could file a lawsuit against another State Party even "independently of the conditions of the Security Council in its resolution 9 of 1946." In other words, Palestine can sue Israel for violating the 1948 Genocide Convention so long as Palestine becomes a Contracting Party to the Genocide Convention. For reasons explained in more detail below and elsewhere,2 I believe the World Court will find that Palestine is a State entitled to become a Contracting Party to the Genocide Convention. Out of an abundance of caution, however, I still recommend that Palestine file the above-mentioned Declaration generally accepting the jurisdiction of the International Court of Justice.

Third, and finally, the Provisional Government of the State of Palestine and its President must file an Application against Israel instituting legal proceedings for violating the Genocide Convention on the jurisdictional basis of Article IX thereof, which provides as follows:

Disputes between the Contracting Parties relating to the interpretation, application or fulfillment of the present Convention, including those relating to the responsibility of a State for genocide or any of the other acts enumerated in article III, shall be submitted to the International Court of Justice at the request of any of the parties to the dispute.

In accordance with Article 36(6) of the ICJ Statute, in the event of a dispute as to whether the World Court has jurisdiction over a lawsuit between Palestine and Israel on the basis of Article IX of the Genocide Convention, "the matter shall be settled by the decision of the Court."

Therefore, the filing of this genocide Application should be enough to get Palestine into the World Court against Israel for quite some time. And once Palestine is in the World Court, we can then consider requesting from the Court at any time an Indication of Provisional Measures of Protection against Israel to cease and desist from committing all acts of genocide against the Palestinian People. This international equivalent to a temporary restraining order would be similar to the two cease-and-desist Orders that I won from the World Court against the rump Yugoslavia on behalf of the Republic of Bosnia and Herzegovina on 8 April 1993 and 13 September 1993.3

Furthermore, in its Judgment of 11 July 1996 in the Bosnia case, the World Court ruled in Paragraph 34 that there is no reservation ratione temporis to be implied into the Genocide Convention and in particular Article IX thereof, in the following language:

34. Having reached the conclusion that it has jurisdiction in the present case, both ratione personae and ratione materiae on the basis of Article IX of the Genocide Convention, it remains for the Court to specify the scope of that jurisdiction ratione temporis. In its sixth and seventh preliminary objections, Yugoslavia, basing its contention on the principle of the non-retroactivity of legal acts, has indeed asserted as a subsidiary argument that, even though the Court might have jurisdiction on the basis of the Convention, it could only deal with events subsequent to the different dates on which the Convention might have become applicable as between the Parties. In this regard, the Court will confine itself to the observation that the Genocide Convention -- and in particular Article IX -- does not contain any clause the object or effect of which is to limit in such manner the scope of its jurisdiction ratione temporis, and nor did the Parties themselves make any reservation to that end, either to the Convention or on the occasion of the signature of the Dayton-Paris Agreement. The Court thus finds that it has jurisdiction in this case to give effect to the Genocide Convention with regard to the relevant facts which have occurred since the beginning of the conflict which took place in Bosnia-Herzegovina. This finding is, moreover, in accordance with the object and purpose of the Convention as defined by the Court in 1951 and referred to above (see paragraph 31 above). As a result, the Court considers that it must reject Yugoslavia's sixth and seventh preliminary objections. [Emphasis added.]

In other words, Palestine would be able to claim in its World Court Application against Israel that the Israeli genocide against the Palestinian People commenced with the Zionist war, conquest, ethnic cleansing, and occupation of 1948--"the beginning of the conflict," to use the precise words of the World Court itself. Indeed, in the Bosnia case I already successfully argued to the World Court that ethnic cleansing is a form of genocide.

Article II of the 1948 Genocide Convention defines the international crime of genocide as follows:

In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group as such:

(a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) Imposing measures intended to prevent births within a group; (e) Forcibly transferring children of the group to another group.

[Emphasis added.]

Certainly, Palestine has a valid claim that Israel and its predecessors-in-law--the Zionist Agencies and Forces--have committed genocide against the Palestinian People that actually started in 1948 and has continued apace until today in violation of Genocide Convention Article II(a), (b), and (c), inter alia.

For at least the past fifty years, the Israeli government and its predecessors-in-law--the Zionist Agencies and Forces--have ruthlessly implemented a systematic and comprehensive military, political, and economic campaign with the intent to destroy in substantial part the national, ethnical and racial group known as the Palestinian People. This Zionist/Israeli campaign has consisted of killing members of the Palestinian People in violation of Genocide Convention Article II(a). This Zionist/Israeli campaign has also caused serious bodily and mental harm to the Palestinian People in violation of Genocide Convention Article II(b). This Zionist/Israeli campaign has also deliberately inflicted on the Palestinian People conditions of life calculated to bring about their physical destruction in substantial part in violation of Article II(c) of the Genocide Convention.

Of course, the downside of bringing this lawsuit is that at some point in the future the World Court could rule that the State of Palestine does not exist as a "State" entitled to accede to the Genocide Convention. But I think that there is a high probability that this World Court, as currently constituted, would rule in favor of the existence of the State of Palestine.

Today the State of Palestine is recognized de jure by about 125 states or so around the world, the only significant geographical exception being Europe. Even then, most of the states of Europe accord Palestine de facto recognition as an Independent State. The only reason why these European states have not accorded Palestine de jure recognition as an Independent State is massive political pressure that has been applied upon them by the United States Government.

Palestine is also a Member State of the League of Arab States, which is the appropriate "Regional Arrangement" organized under Chapter VIII of the United Nations Charter. In addition, Palestine has Observer State Status at the United Nations Organization. Indeed, today Palestine would be a Member State of the United Nations Organization if not for illegal threats made by the United States Government to keep Palestine out of the United Nations.

Nevertheless undaunted, on 15 December 1988 the United Nations General Assembly adopted Resolution 43/177, essentially recognizing the then month-old State of Palestine. That Resolution was adopted by a vote of 104 in favor, the United States and Israel opposed, and 44 states abstaining. For reasons fully explained elsewhere,4 such General Assembly recognition of the State of Palestine is constitutive, definitive, and universally determinative.

I believe the World Court will rule in favor of the de jure existence of the State of Palestine for the purpose of mounting this lawsuit against Israel for genocide. We might not get the vote of the Judge from the United States who was a State Department Lawyer during the Reagan administration. But I believe that a majority of the fifteen Judges on the International Court of Justice will rule in favor of the de jure existence of the State of Palestine.

To be sure, we can expect that the United States Government will do everything possible to line up the votes of certain Judges against Palestine. But it is no longer the case that the United States Government controls the World Court. In this regard, recall the high degree of independence the World Court demonstrated by condemning the United States Government throughout the proceedings of Nicaragua v. the United States of America over a decade ago.5

Of course, if necessary, I could also sue the United States before the International Court of Justice for aiding and abetting Israeli genocide against the Palestinian People in violation of Article III(e) of the 1948 Genocide Convention that expressly criminalizes "complicity" in genocide. This separate lawsuit against the United States would be similar to the proceedings that President Izetbegovic of the Republic of Bosnia and Herzegovina authorized me to institute against the United Kingdom on 15 November 1993 for aiding and abetting Serbian genocide against the Bosnian People. In this regard, you should consult the Statement of Intention by the Republic of Bosnia and Herzegovina to Institute Legal Proceedings Against the United Kingdom Before the International Court of Justice of 15 November 1993, which I drafted for the Republic of Bosnia and Herzegovina and filed with the International Court of Justice on that same day.

The Bosnian U.N. Ambassador Muhamed Sacirbey also circulated this Statement to the Member States of both the General Assembly and the Security Council as an official document of the United Nations Organization.6 This document should give the reader a fairly good idea of the legal basis for Palestine to sue the United States at the World Court for aiding and abetting Israeli genocide against the Palestinian People.7 In regard to this proposed lawsuit, the U.S. government's reservation to Article IX of the Genocide Convention is invalid and severable.

Quite obviously, I cannot promise the Palestinian People a clear-cut victory in these two lawsuits. But the mere filing of this genocide lawsuit against Israel at the World Court would constitute a severe defeat for Israel in the Court of World Public Opinion. The Palestinian filing of this genocide lawsuit in 1998 would deliver yet another body-blow to Israel along the same lines of the major body-blow already inflicted on Israel by the creation of the State of Palestine in 1988. Israel has never recovered from the creation of the Palestinian State. So too, Israel will never recover from this genocide lawsuit brought against it by Palestine before the International Court of Justice. Likewise, the United States government will never recover from a World Court lawsuit brought against it by Palestine for aiding and abetting Israeli genocide against the Palestinian People.

For these reasons, then, I would ask all the Palestinian People around the world to give the most serious consideration to backing my proposals: Tell the Provisional Government of the State of Palestine and its President to sue Israel for genocide before the International Court of Justice! Tell the Provisional Government of the State of Palestine and its President to sue the United States before the International Court of Justice for aiding and abetting Israeli genocide against the Palestinian People! May God be with the Palestinian People at this difficult time in your Nation's history.

Notes

1. See Francis A. Boyle, The International Legal Right of the Palestinian People to Self-determination and an Independent State of Their Own, 12 Scandinavian J. Development Alternatives, No. 2 & 3, at 29-46 (June-Sept. 1993); The Future of International Law and American Foreign Policy 135-96, 268-73 (1989) (Creating the State of Palestine).

2. Id.

3. See Francis A. Boyle, The Bosnian People Charge Genocide (1996).

4. See note 1 supra.

5. See, e.g., Francis A. Boyle, Determining U.S. Responsibility for Contra Operations Under International Law, 81 Am. J. Int'l L. 86-93 (1987); Defending Civil Resistance Under International Law 155-210 (1987).

6. See U.N. Doc. A/48/659-S/26806, 47 U.N.Y.B. 465 (1993).

7. See also John Quigley, Complicity in International Law: A New Direction in the Law of State Responsibility, 57 Brit. Y.B. Int'l L. 77-131 (1986).

Copyright 1997 by Francis A. Boyle. All rights reserved.


Francis A. Boyle is a frequent contributor to Global Research.  Global Research Articles by Francis A. Boyle

www.globalresearch.ca/index.php?context=va&aid=8254
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4 février 2008 1 04 /02 /février /2008 18:39
CounterPunch
January 29, 2008

iraq-blood.jpg
"The Americans Bring Us
Only Destruction"

Fallujah is more difficult to enter than any city in the world. On the road from Baghdad I counted 27 checkpoints, all manned by well-armed soldiers and police. "The siege is total," says Dr Kamal in Fallujah Hospital as he grimly lists his needs, which include everything from drugs and oxygen to electricity and clean water.



The last time I tried to drive to Fallujah, several years ago, I was caught in the ambush of an American fuel convoy and had to crawl out of the car and lie beside the road with the driver while US soldiers and guerrillas exchanged gunfire. The road is now much safer but nobody is allowed to enter Fallujah who does not come from there and can prove it through elaborate identity documents. The city has been sealed off since November 2004 when United States Marines stormed it in an attack that left much of the city in ruins.

 

Its streets, with walls pock-marked with bullets and buildings reduced to a heap of concrete slabs, still look as if the fighting had finished only a few weeks ago.

 

I went to look at the old bridge over the Euphrates from whose steel girders Fallujans had hanged the burnt bodies of two American private security men killed by guerrillas ­ the incident that sparked the first battle of Fallujah. The single-lane bridge is still there, overlooked by the remains of a bombed or shelled building whose smashed roof overhangs the street and concrete slabs are held in place by rusty iron mesh.

 

The police chief of Fallujah, Colonel Feisal Ismail Hassan al-Zubai, was trying to show that his city was on the mend.

 

As we looked at the bridge a small crowd gathered and an elderly man in a brown coat shouted: "We have no electricity, we have no water."

 

Others confirmed that Fallujah was getting one hour's electricity a day. Colonel Feisal said there was not much he could do about the water or electricity though he did promise a man that a fence of razor wire outside his restaurant would be removed.

 

Fallujah may be better than it was, but it still has a very long way to go. Hospital doctors confirm that they are receiving few gunshot or bomb blast victims since the Awakening movement drove al-Qa'ida from the city over the past six months, but people still walk warily in the streets as if they expected firing to break out at any minute.

 

Colonel Feisal, a former officer in Saddam Hussein's Special Forces, cheerfully admits that before he was chief of police, "I was fighting the Americans". His brother Abu Marouf, a former guerrilla commander, controls 13,000 fighters of the anti-al-Qa'ida Awakening movement in and around Fallujah. The colonel stressed that the streets of Fallujah were now wholly safe but his convoy drove at speed and was led by a policeman, his face hidden by a white balaclava, on top of a vehicle holding a machine gun and frantically gesturing oncoming vehicles out of the way.

The police station is large and protected by concrete and earth barriers. Just as we reached the inner courtyard we saw signs that the battle against al-Qa'ida may be over but arrests go on. From another part of the police station there emerged a line of 20 prisoners, each with his eyes covered by a white blindfold, gripping the back of the clothes of the prisoner in front of him. The prisoners reminded me of photographs of men blinded by gas in the First World War stumbling along behind a single man who could see and who, in this case, was a prison guard.

 

There are new buildings in the main street. I used to eat at a kebab restaurant called Haji Hussein, which was one of the best in Iraq. Then, as the occupation went on, I started attracting a lot of hostile stares. The manager suggested it might be safer if I ate upstairs in an empty room, and soon after it was destroyed by an American bomb. It has now been rebuilt in gaudy colours and seemed to be doing good business.

 

At one time Fallujah had a population of 600,000, but none of the officials in the city seemed to know how many there are now. Col Feisal is hopeful of investment and took us to a white, new building called the Fallujah Business Development Centre, which had been partly funded by a branch of the US State Department. Tall American soldiers were guarding a business development conference. "It has attracted one American investor so far," said a uniformed American adviser hopefully. "My name is Sarah and I am in psychological operations," said another US officer and proudly showed us around a newly established radio Fallujah.

 

At the other end of the city we crossed over the iron bridge built in about 1930 and now the only link with the far side of the Euphrates. There is a modern bridge half a mile down river but it has been taken over by the American army and, say locals, used as a vehicle park. On the far side of the bridge, past beds of tall bullrushes where people escaping the city during the sieges of 2004 tried to hide, there is a building eviscerated by bombs on one side of the road. On the other side is the hospital whose officials US commanders used to accuse of systematically exaggerating the number of those killed by American bombing.

 

When I asked what the hospital lacked Dr Kamal said wearily: "Drugs, fuel, electricity, generators, a water treatment system, oxygen and medical equipment." It was difficult not to think that American assistance might have gone to the hospital rather than the business development centre.

 

Colonel Feisal said things were getting better but he was mobbed by black-clad women shouting that their children had not been treated.

 

"Every day 20 children die here," said one. "Seven in this very room."

 

The doctors said that they were tending their patients as best they could. "The Americans provide us with nothing," said one mother who was cradling a child. "They bring us only destruction."

 

Patrick Cockburn is the author of 'The Occupation: War, resistance and daily life in Iraq', a finalist for the National Book Critics' Circle Award for best non-fiction book of 2006. His forthcoming book 'Muqtada! Muqtada al-Sadr, the Shia revival and the struggle for Iraq' is published by Scribner in April.


http://www.counterpunch.org/patrick01292008.html

 
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