Date:   10/10/2004 12:25:05 PM ( 20 y ago)
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THE PEOPLE
Versus
GEORGE WALKER BUSH, President of the United States of America


Last spring, an international judge gave his verdict against G W Bush. I didn't see any news coverage on it - did you?
Someone managed to get this link working, and for now we can see the judgement.
Below is a condensed version I pasted together. I urge you to read the whole thing at the link provided [first link].
The second link is to the main site from where the report can be found, amongst many other issues of great importance involving America.

Jawg

----------------- judgement ---------------------------


International Criminal Tribunal For Afghanistan at Tokyo
Final Written Opinion of Judge Niloufer Bhagwat 10mar04
THE PEOPLE

Versus

GEORGE WALKER BUSH
President of the United States of America

The Prosecution has presented a formidable Indictment against the Defendant, George Walker Bush, President of the United States and Commander -in-Chief of US military forces for serious crimes ; waging a war of aggression on Afghanistan, war crimes and crimes against humanity against the Afghan people, against prisoners of war ; and the use of radioactive depleted uranium weapons of mass destruction , against the people of Afghanistan ; with serious fall out effects on the military personnel of the United States ,UK and other forces deployed ; and on countries, in and around the region .
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Clips and quotes from the Tribunal in Tokyo:

" To initiate a war of aggression ……is not only an international crime ; it is the supreme international crime differing only from other war crimes, in that it contains within itself the accumulated evil of the whole".
"….. it is not etablished that the 9.11 incidents were the acts of Osama bin Laden and the al Qaeda ……the letter to the Chairman of the UN Security Council which the United States sent on October 7 ,2001 and another letter which the United Kingdom sent of October 4, 2001 and the videotape released on December 13 are inadequate as defences .
Therefore the criminal activities of Osama bin Laden and the members of the al Qaeda have never been established enough to prosecute them for 9.11 incidents".

On the basis of the facts which have emerged in the public domain , of the background of Osama bin Laden and of those alleged to have perpetrated the attacks of the 11th September 2001 ; of which judicial notice can be taken as per rules of evidence of the ICTA statute ; the core issue which confronts this Tribunal is whether those who allegedly committed the crimes of the 11 th Septermber 2001 in the United States, had any connection with Afghanistan .

The relevant facts to assess the defense are :
A. As per identities of the hijackers/terrorists of 11th September disclosed by US Intelligence Agencies ; 15 are citizens from Saudi Arabia ; and four others are citizens of countries like Kuwait ,Morocco , UAE .
F. General Richard B. Myers, chairman of the Joint Chiefs of Staff of the United States military , admitted , that no US aircraft from any US air base, or from Norad , the joint US -Canadian Air Defense Command were mobilized or scrambled on 11 th September 2001 to protect the citizens of the United States .
G .Osama bin Laden is not an Afghan or a religious fighter, but a wealthy billionaire ; a citizen of Saudi Arabia ; recruited as the Intelligence asset of the United States and other countries for many years ; the pivot of the 'Arab fighters '; trained in furtherance of the military strategic interests of the government of the United States on the Pakistan/ Afghanistan border; for deployment in various regions . The bin Laden family has had extensive financial interests in the United States and Saudi Arabia, including in the Carlyle Corporation, in which the Defendant and his family also had investments .
H. The takeover of the Taliban militia in 1996 , as the de facto government in Kabul controlling several regions of Afghanistan , was with the backing of the California based oil and energy company, Unocal , with extensive military and logistic support from the United States, Pakistan and Saudi Arabia. Jane's Defence Weekly an authoritative journal on defense acquisitions the world over , has conservatively estimated that half of all military supplies of the Taliban militia were from Pakistan ; which in turn obtains substantial military supplies from the government of the United States .

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On the question of 'why are the Taliban in Afghanistan?' - "...the first directive sanctioning assistance for the training of such fighters on the Pakistan /Afghanistan border, to pursue the civil war against the communist government in Afghanistan, was issued by President Jimmy Carter on July 3 ,1979" - it is not true that the Taliban were enemies of America whose presence in Afghanistan required an invasion of that soveriegn nation.
On the basis of the aforesaid factual position the defense advanced that the military attack on Afghanistan was a "just war" as a measure of "self- defense" or a "preventive war" cannot be legally sustained.
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"...the absence of evidence to establish that the 9.11 attacks had any connection with Afghanistan; even if such a conclusion was possible, as per the public statements of the Defendant on the reasons for waging this "War against Terror" ;[would not ]justify a full scale military onslaught on Afghanistan by the Defendant, with hundreds of bombing sorties ."
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Rush to war:
"It may be argued, that the Defendant made an attempt to prevent the war, by demanding that Osama bin Laden and the Al Qaeda , should be handed over by the Taliban; this admittedly was not a bona fide attempt ; as wholly inadequate time was allotted for the staged negotiations , even though the Taliban government ,made some responses .In less than a month of the terrorist attack , before dawn on 7th October 2001 , the US-UK coalition forces launched serial bombings in Afghanistan on Kabul and on 31 major cities and towns without exhausting other alternative remedies .

The document Prosecution Ex. B-1 which is the address of the Defendant to Congress dated 20th September 2001 establishes that the Defendant declared that the Al Qaeda organization , was to be found in sixty countries; that the "war against terror" ,was just beginning with Afghanistan, as the first target ,but not the last ; and that for the Defendant , the military attack on Afghanistan was only the first of a series of wars to be initiated against different nations."

The communication of John Negroponte ,US Permanent Representative to the Security Council , indicates , that the decision by the Defendant to resort to war was taken , before the complete facts were available on the nature of the attack .This communication informed the Security Council that :
" Since 11 September , my government has obtained clear and compelling information that the Al Qaeda organization which is supported by the Taliban regime in Afghanistan , had a central role in the attacks. There is much we do not know .Our enquiry is in its early stages .We may find that our self-defense requires further actions with respect to other organizations and States "
It was clear that the enquiry, as to the nature and cause and perpetrators of the attack were in the "early stages" ; war cannot be resorted to unless the facts are clearly ascertained , it is a remedy of last resort ;

"... the last sentence of this communication, that the government of the United States reserves its right to take "further actions with respect to other organizations and States" establishes that a case for continuous military intervention was already being made ."

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War of Aggression:
"the war in Afghanistan was followed, by the military attack on Iraq; on the basis of "non-existing weapons of mass destruction"; a war in which the entire infrastructure of Iraq was destroyed in a manner similar to Afghanistan ; DU weapons were extensively used in both countries as weapons of extermination of present and future generations , genocidal in properties .It is only the oil pipelines , oil wells and platforms and the contracts of Corporations which had to be secured ;even as the livelihood and economies of both nations were destroyed."
"The war waged on Afghanistan was manifestly a war of aggression ."

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Illegal Weapons, D.U. and Cluster Bombs crimes :
"The manufacture ,stockpiling, and use of Cluster bombs and Fuel -air explosives also known as Daisy Cutters , to immediately cease as these weapons systems are also prohibited by existing Conventions of International Humanitarian Law and those manufacturing ,purchasing, stockpiling and permitting such weapons for military use ; including those using these weapons systems are liable to be prosecuted for war crimes and face liability for claims of compensation".
"It has been conclusively proved that DU Weapons are Radioactive , Omnicidal nuclear weapons( the by product of the uranium enrichment process of manufacture of nuclear weapons and nuclear fuel ) used as weapons of "silent genocide " in Afghanistan ,Iraq and the Balkans and destructive of all life on earth ; irreversibly altering the genetic code of all exposed .The manufacture , stockpiling and use of such weapons is strictly prohibited by existing Conventions of International Humanitarian Law and must cease immediately .Corporations producing these weapons , heads of State , heads and personnel of Defense departments , military officers and others involved in decisions for its use, are liable to be criminally prosecuted before the International Criminal Court , or within national legal systems , and /or face suits for compensation . "



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Arms race:
"To prevent wars every national budgets has to be protected from the International Arms Industries, diverting scarce resources to armaments with a vested interest in wars, armed conflicts and Terrorism .. The continuation of these Industries in private hands ,is itself a threat as the issue of DU weapons has shown .The connection between Krupps ,the Arms Corporation and the Nazi Party cannot be forgotten ; such alliances existed at the relevant time in both countries of the Axis and Allied powers ; such alliances still exist between Corporations and governments as we have seen in this trial not only within nations but globally."

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Domestic issues:
"The economy of the United States in respect of which the IMF has sounded an alarm ; the infrastructure of health , housing , education does not reflect the status of a "super power" ;the people of the United States have paid the price of the subsidies given by its citizens to armament and other corporations , in whose interests these wars have been waged ; with adverse affects on other economies linked or dependent on the US economy .
----

Aslo, there are outlined in this Tribunal the crimes against humanity for the treatment of prisoners and the killing of innocents, as well as illegal armaments -

Weapons are to be considered banned if :
Their use has indiscriminate effects ( no effective distinction between civilians and belligerents);
Their use is out of proportion with the pursuit of military objective;
Their use adversely affects the environment in a widespread , long term and severe manner;
Their use causes superflous injury and unnecessary suffering."


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17.Verdict
"I find the Defendant , George Walker Bush , President of the United States and Commander-in-Chief of United States Armed Forces guilty –
1. Under Article 2 of the Statute of the International Criminal Tribunal for Afghanistan and under International Criminal Law ,for waging a war of aggression against Afghanistan and the Afghan people "


--- end of condensed report ---
Jawg

http://www.mindfully.org/Reform/2004/Afghanistan-Criminal-Tribunal10mar04.htm

http://www.mindfully.org/

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