KUALA
LUMPUR, 11 May 2012 – The five-panel tribunal unanimously delivered a guilty
verdict against former United States President George W. Bush and his
associates at the Kuala Lumpur War Crimes Tribunal hearing that had started on
Monday.
On the
charge of Crime of Torture and War Crimes, the tribunal finds the accused
persons — former U.S. President George W. Bush and his associates namely Richard
Cheney, former U.S. Vice President; Donald Rumsfeld, former Defence Secretary;
Alberto Gonzales, then Counsel to President Bush; David Addington, then General
Counsel to the Vice-President; William Haynes II, then General Counsel to
Secretary of Defence; Jay Bybee, then Assistant Attorney General; and John
Choon Yoo, former Deputy Assistant Attorney-General — guilty as charged and
convicted as war criminals for Torture and Cruel, Inhumane and Degrading
Treatment of the Complainant War Crime Victims.
Earlier in
the week, the tribunal heard the testimonies of three witnesses namely Abbas
Abid, Moazzam Begg and Jameelah Hameedi. They related the horrific tortures
they had faced during their incarceration. The tribunal also heard two other
Statutory Declarations of Iraqi citizen Ali Shalal and Rhuhel Ahmed, a British
citizen.
Testimony
showed that Abbas Abid, a 48-year-old chief engineer in the Science and
Technology Ministry had his fingernails removed by pliers. Ali Shalal was
attached with bare electrical wires and electrocuted and hung from the wall.
Moazzam Begg was beaten and put in solitary confinement. Jameelah was almost
nude and humiliated, used as a human shield whilst being transported by
helicopter. All these witnesses have residual injuries till today.
These
witnesses were taken prisoners and held in prisons in Afghanistan (Bagram), in
Iraq (Abu Gharib, Baghdad International Airport) and two of them namely Moazzam
Begg and Rhuhel Ahmed were transported to Guantanamo Bay.
In a
submission that lasted a day, the prosecution showed in an in depth submission
how the decision-makers at the highest level President Bush, Vice-President
Cheney, Secretary of Defence Rumsfeld, aided and abetted by the lawyers and the
other commanders and CIA officials — all acted in concert. Torture was
systematically applied and became an accepted norm.
According
to the prosecution, the testimony of all the witnesses shows a sustained
perpetration of brutal, barbaric, cruel and dehumanizing course of conduct
against them. These acts of crimes were applied cumulatively to inflict the
worst possible pain and suffering.
After
hearing the defence of the Amicus Curiae and the subsequent rebuttal the
prosecution, the tribunal ruled unanimously that there was a prima facie case
made out by the prosecution.
After hours
of deliberation, the tribunal, in the verdict that was read out by the
president of the tribunal Tan Sri Dato Lamin bin Haji Mohd Yunus Lamin, found
that the prosecution had established beyond a reasonable doubt that the accused
persons, former President George Bush and his co-conspirators engaged in a web
of instructions, memos, directives, legal advice and action that established a
common plan and purpose, joint enterprise and/or conspiracy to commit the
crimes of Torture and War Crimes, including and not limited to a common plan and
purpose to commit the following crimes in relation to the “War on Terror” and
the wars launched by the U.S. and others in Afghanistan and Iraq:
- (a) Torture;
- (b) Creating, authorizing and implementing a regime of Cruel, Inhumane, and
- Degrading Treatment;
- (c) Violating Customary International Law;
- (d) Violating the Convention Against Torture 1984;
- (e) Violating the Geneva Convention III and IV 1949;
- (f) Violating the Common Article 3 of the Geneva Convention of 1949.
- (g) Violating the Universal Declaration of Human Rights and the United Nations Charter.
The
Tribunal finds that the prosecution has established beyond a reasonable doubt
that the Accused persons are individually and jointly liable for all crimes
committed in pursuit of their common plan and purpose under principles
established by Article 6 of the Charter of the International Military Tribunal
(the Nuremberg Charter), which states, inter alia, “Leaders, organizers,
instigators and accomplices participating in the formulation or execution of a
common plan or conspiracy to commit war crimes are responsible for all acts
performed by any person in execution of such plan.”
The
Principles of the Nuremberg Charter and the Nuremberg Decision have been
adopted as customary international law by the United Nations. The government of the United States is
subject to customary international law and to the Principles of the Nuremburg
Charter and the Nuremburg Decision.
The
Tribunal finds that the prosecution has proven beyond reasonable doubt that the
accused lawyers, gave “advice” that “the Geneva Conventions did not apply (to
suspected al Qaeda and Taliban detainees); that there was no torture occurring
within the meaning of the Torture Convention, and that enhanced interrogations
techniques, (constituting cruel, inhumane, and degrading treatment,) were
permissible.”
The
prosecution has also established beyond a reasonable doubt that the accused
lawyers “knew full well their advice was being sought to be acted upon, and in
fact was acted upon, and such advice paved the way for violations of
international law, the Geneva Conventions and the Torture Convention.”
The accused
lawyers’ advice was binding on the accused Bush, Rumsfeld and Cheney, each of
whom relied on the accused lawyers’ advice.
Others, such as CIA Director George Tenet and Diane Beaver, officer in
charge at Guantanamo, relied on the accused lawyers’ advice. The prosecution
had established beyond a reasonable doubt that the accused lawyers are
criminally liable for their acts, and for participating in a joint criminal
enterprise.
The
president read that the Tribunal orders that reparations commensurate with the
irreparable harm and injury, pain and suffering undergone by the Complainant
War Crime Victims be paid to the Complainant War Crime Victims. While it is
constantly mindful of its stature as merely a tribunal of conscience with no
real power of enforcement, the Tribunal finds that the witnesses in this case
are entitled ex justitia to the payment of reparations by the eight convicted
persons and their government.
It is the
Tribunal’s hope that armed with the findings of this Tribunal, the witnesses
will, in the near future, find a state or an international judicial entity able
and willing to exercise jurisdiction and to enforce the verdict of this
Tribunal against the 8 convicted persons and their government. The Tribunal’s
award of reparations shall be submitted to the War Crimes Commission to
facilitate the determination and collection of reparations by the Complainant
War Crime Victims.
President
Lamin read…
- “As a
tribunal of conscience, the Tribunal is fully aware that its verdict is merely
declaratory in nature. The tribunal has no power of enforcement, no power to
impose any custodial sentence on any one or more of the eight convicted
persons. What we can do, under Article 31 of Chapter VI of Part 2 of the
Charter is to recommend to the Kuala Lumpur War Crimes Commission to submit
this finding of conviction by the Tribunal, together with a record of these
proceedings, to the Chief Prosecutor of the International Criminal Court, as
well as the United Nations and the Security Council.
“The Tribunal also recommends to the Kuala Lumpur War Crimes Commission that the names of all the eight convicted persons be entered and included in the Commission’s Register of War Criminals and be publicized accordingly.
“The Tribunal recommends to the War Crimes Commission to give the widest international publicity to this conviction and grant of reparations, as these are universal crimes for which there is a responsibility upon nations to institute prosecutions if any of these Accused persons may enter their jurisdictions.”
For further
information, please contact
Dato’ Dr
Yaacob Merican
Secretary
General of the KLWCC Secretariat
Tel:
+6012-227 8680
Ms Malkeet
Kaur
Media
Representative of KLWCC
malkeet@dbook.com.my
Tel:
+6012-3737 886
The
Tribunal Members
Tan Sri Dato
Lamin bin Haji Mohd Yunus,
Mr Alfred
Lambremont Webre
Tunku
Sofiah Jewa
Prof Salleh
Buang
Mr Alfred
Lambremont Webre
Datuk Mohd
Sa’ari Yusof.
The
Prosecution
Prof
Gurdial S Nijar
Prof
Francis Boyle
Mr Avtaran
Singh
Ms Gan Pei
Fern
Amicus
Curiae (appointed Defence team)
Mr Jason
Kay
Dr Mohd
Hisham
Dr Abbas
Hardani
Ms Galoh
Nursafinas
The Charge
Crime of
Torture and War Crimes against former U.S. President George W. Bush and his
associates namely Richard Cheney, former U.S. Vice President; Donald Rumsfeld,
former Defence Secretary; Alberto Gonzales, then Counsel to President Bush;
David Addington, then General Counsel to the Vice-President; William Haynes II,
then General Counsel to Secretary of Defence; Jay Bybee, then Assistant Attorney
General; and John Choon Yoo, former Deputy Assistant Attorney-General.
The
Tribunal will adjudicate and evaluate the evidence presented on facts and law
as in any court of law. The judges of the Tribunal must be satisfied that the
charge is proven beyond reasonable doubt and deliver a reasoned judgement. The
verdict and the names of the persons found guilty will be entered in the
Commission’s Register of War Criminals and publicised worldwide.
About Kuala
Lumpur War Crimes Commission (KLWCC)
The KLFCW
established the Kuala Lumpur War Crimes Commission (The Commission), to
investigate cases of war crimes that have been neglected by established
institutions such as the International Criminal Court. The Commission seeks to
influence world opinion on the illegality of wars and occupation undertaken by
major Western powers.
The aim of
The Commission is thereby to hold perpetrators of war crimes accountable for
their actions especially when relevant international judicial organs fail to do
so.
The
Commission
The
commission’s function is to:
i) receive
complaints from any victim(s) of any conflict on:
(a) Crimes
against peace
(b) Crimes
against humanity
(c) Crimes
of genocide
(d) War
crimes
ii)
investigate the same and prepare a report of its findings. To further call for
more evidence or where The Commission is satisfied to recommend prosecution
The Legal
Team
The legal
team’s aim is to present the complaints of victim(s) of any conflict and to act
on the recommendation of The Commission’s report and to frame charges and
prosecute accused person(s).
The
Tribunal
The
Tribunal shall adjudicate on the charges filed against the accused person(s)
The applicable standard of proof shall be beyond reasonable doubt.
About the
Kuala Lumpur Foundation to Criminalise War (KLFCW)
Malaysia’s
fourth Prime Minister Tun Dr Mahathir Mohamad founded the Kuala Lumpur
Foundation to Criminalize War (KLFCW), a non-governmental organisation
established under the laws of Malaysia on 12 March 2007.
The main
objectives of the Foundation, as stated in its Statutes are, inter alia:
1. To undertake all necessary measures and
initiatives to criminalise war and energise peace;
2. To provide relief, assistance and support to
individuals and communities who are
suffering from the effects of war and armed conflict wherever occurring
and without discrimination on the grounds of nationality, racial origin,
religion, belief, age, gender or other forms of impermissible differentiations;
3. To promote the education of individuals and
communities suffering from the effects of war or armed conflict;
4. To foster schemes for the relief of human
suffering occasioned by war or armed conflict;
5. To provide for mechanisms or procedures in
attainment of the above purposes.
“WHY is it
that the murder of one man is considered a criminal act whereas the killing of
hundreds of thousands of innocent people committed in wars, is not considered
so?” -Tun Dr Mahathir Mohamad
–
Dirk Adriaensens
Member BRussells Tribunal Executive Committee
Related Articles:

No comments:
Post a Comment
Note: Only a member of this blog may post a comment.