Showing posts with label The Hague International Penal Court. Show all posts
Showing posts with label The Hague International Penal Court. Show all posts

Tuesday, January 10, 2012

Waging War against Iran is a Criminal Act, in Violation of International Law The death toll from World War III will be incalculable...

Global Research
Prof. Francis A. Boyle


Article 2 (3) of the United Nations Charter requires the pacific settlement of the international dispute between the United States and Iran. To the same effect is article 33 and the entirety of Chapter VI of the United Nations Charter that mandate and set up numerous procedures for the pacific settlement of the international dispute between the United States and Iran. And of course Article 2(4) of the U.N. Charter prohibits both the threat and use of force by the United States against Iran.

Furthermore, both Iran and the United States are parties to the Kellogg-Briand Peace Pact of 1928, upon which legal basis the Nazi Leaders were prosecuted by the United States, inter alia, at Nuremberg for Crimes against Peace, sentenced to death, and executed. In Article I thereof the States Parties “condemn recourse to war for the solution of international controversies, and renounce it, as an instrument of national policy in their relations with one another." The United States has been illegally threatening war against Iran going back to the Bush Jr. Administration. Article II requires the United States only to pursue a pacific settlement of its international dispute with Iran: “The High Contracting Parties agree that the settlement or solution of all disputes or conflicts of whatever nature or of whatever origin they may be, which may arise among them, shall never be sought except by pacific means.”

Finally, both the United States and Iran are parties to the 1899 Hague Convention for the Pacific Settlement of International Disputes. This seminal Hague Peace Convention establishes numerous mechanisms for the pacific settlement of international disputes between contracting parties that are too numerous to analyze here. But they are discussed in detail in my book Foundations of World Order (Duke University Press: 1999). According to article 27 thereof, if a serious dispute threatens to break out between contracting powers, it was the DUTY of the other contracting powers to remind them that the Permanent Court of Arbitration in The Hague is open to them, and such reminder could not be treated as an unfriendly act of intervention by the disputants. Today the world needs one State party to either the 1899 Hague Convention for the Pacific Settlement of International Disputes or the 1907 Hague Convention for the Pacific Settlement of International Disputes to publicly remind both the United States and Iran that the Permanent Court of Arbitration in The Hague, together with its International Bureau and the entirety of the 1899 Hague Convention for the Pacific Settlement of International Disputes , are available to the two States in order to resolve their dispute in a peaceful manner.

After the terrorist assassination of Archduke Francis Ferdinand in Sarajevo in June of 1914, Serbia made an offer to Austria to submit the entire dispute to “the International Tribunal of The Hague”—i.e.,to the Permanent Court of Arbitration in The Hague. Austria did not accept the offer, the First World War broke out, and about 10 Million Human Beings were needlessly slaughtered.

The death toll from World War III will be incalculable. Humanity must not allow our history to repeat itself! Otherwise, that could be the end of our Humanity.


Francis A. Boyle is Professor of International Law 


Monday, July 25, 2011

Libya: NATO war crimes - Taking action

Pravda
Timothy Bancroft-Hitchey

I hereby present evidence of NATO war crimes in Libya against international legally binding agreements, presenting the facts and allegations open for investigation by the competent bodies; in the name of humanity I request those with powers to take this one stage further, confirming that Humankind has reached an acceptable level of civilization.

I allege that the North Atlantic Treaty Organization has once again breached international law and has committed war crimes in Libya. The international community has the duty to take this matter seriously, investigate the allegations and begin legal proceedings to bring those accused before due legal process and justice.

I hereby present a report of several instances of war crimes and breach of international law by NATO in the current conflict in Libya in 2011.

1. Article 3 of the Statute of The Hague International Penal Court states clearly that one criterion for indictment for war crimes is:

"Attack or bombardment, by whatever means, against undefended cities, towns, villages, buildings or houses".

NATO's continuous use of civilian targets for military purposes, a scenario which this military organization wantonly and callously calls "collateral damage", fits this clause exactly and would be the cornerstone of a case accusing this organisation of being guilty of war crimes;

2. Another clause of the same Article 3 could also be used:

"Massive destruction of cities, towns or villages or destruction not justified by military necessity".
The attack on Libya's water supply network on Friday July 22 and the attack on the factory making pipes for the supply system on Saturday July 23 in al-Brega were not covered under "military necessity" in which case, under Article 3, this was an act of wanton destruction of civilian structures with military hardware. This renders NATO liable for trial by its own court, the ICC at The Hague;

3. UNSC Resolution 2131 (XX) of 21 December 1965, containing the Declaration on the Inadmissibility of Intervention in the Domestic Affairs of States was backed up by Resolutions 31/91 of 14 December 1976, 32/153 of 19 December 1977, 33/74 of 15 December 1978, 34/101 of 14 December 1979 and 35/159 of 12 December 1980 on non-interference in the internal affairs of States;
NATO is hereby accused of taking sides in a civil war inside Libya, moreover there are indications that this is a civil war started by NATO member states: