Loading ...
Sorry, an error occurred while loading the content.


Expand Messages
  • World View
    THE LAW OF POWER, NOT THE POWER OF LAW Malcom Lagauche Thursday-Friday, March 3-4, 2005 www.uruknet.info/?p=10105 Let s go back to 1946. An International War
    Message 1 of 1 , Mar 4, 2005
    View Source
    • 0 Attachment
      Malcom Lagauche
      Thursday-Friday, March 3-4, 2005

      Let's go back to 1946. An International War Crimes Tribunal had just
      been established in Nuremberg, Germany, to punish the aggressors who
      began a war. Now, when you open the door to the courtroom, you see
      Hermann Goering as the judge. Standing under Goering is the lead
      prosecutor, Julius Streicher. His material witnesses include Hess,
      Geobbels and Himler.

      The defendants are the leaders of the Warsaw ghetto uprising of 1944
      and the Polish government of September 1, 1939. The leaders of the
      uprising are charged with resisting an occupation and the Polish
      government officials are charged with shooting back after their
      country was invaded by Germany.

      All court officials are members of the Nazi Party. They include a
      few Poles who lived in Poland for only a short time because they
      fled their country of birth and formed Polish opposition groups
      while living in Germany, all the time becoming rich because of
      German Nazi money being lavishly donated to their cause. The court
      states that the defendants will be given a fair trial.

      Sound preposterous? Yes it is, but a similar scenario is occurring
      right now in Iraq.

      The government of the country of Iraq is being put on trial by
      quislings and other U.S. apologists. Some judges and jurists have
      only recently returned to Iraq. They needed road maps to find

      I say the Iraqi government is being put on trial because, to this
      day, not one internationally legitimate action has taken place that
      has deemed the current bunch of Iraqis who were recently "elected"
      to be a government. To many, the Ba'athists still represent the
      Iraqi government.

      In 1991, as terms of a cease-fire in the Gulf War, Iraq was ordered
      by the U.N. to rid itself of what was deemed "weapons of mass
      destruction." It did. By 1992, Iraq told the world, "We don't have
      any more." Today, we all know Iraq told the truth.

      An embargo that took the lives of almost two million people was in
      place from 1991-2003. Today, we know that the embargo was based on
      U.S. lies and was wrong.

      With all that knowledge, the U.S. invaded Iraq in March 2003. More
      than 100,000 Iraqis died from the military intervention. All killed
      because of lies.

      Months after the invasion, Secretary-General Kofi Anan of the U.N.
      deemed the invasion "illegal."

      Let's put all these pieces together. The U.S. attacked and occupied
      Iraq without provocation. And, the act has been labeled illegal by
      the head of the international governing body that regulates
      international legal matters. The infrastructure of Iraq has been
      destroyed, along with thousands of houses and buildings. Today,
      schools, hospitals, public transportation, utilities, and many other
      aspects of daily life are in shambles because of the actions of the
      aggressor nations, the U.S. and, to a much lesser extent, Great

      Now, it's time for a war crimes tribunal. But, the one being set up
      is similar to the fairy tale scenario I previously mentioned. The
      victims are to be put on trial and the aggressors and their stooges
      will run the trial. It's quite simple: things are ass-backwards.

      The U.S. has killed some members of the Iraqi government and
      kidnapped others. Of those kidnapped is Saddam Hussein, the main cog
      in the U.S. 15-year demonizing of Iraq that led the American people
      to celebrate a slaughter.

      Saddam was illegally kidnapped in December 2003. Since then, he has
      been in a secret jail and only allowed to see a lawyer once. His
      captors have broken many international laws in keeping him in

      Over the 15 months he has been imprisoned, Saddam Hussein has been
      sent millions of letters from people worldwide offering wishes of
      good will. The U.S. has only delivered four to him. They were from
      his family and were heavily censored.

      Currently, Saddam Hussein's active legal team consists of about two
      dozen lawyers. There are more than 2,000 lawyers, from many
      countries, working on his behalf behind the scenes for no pay. They
      have donated their time and effort because of the travesty about to
      occur in Iraq.

      Ziad al-Khasawna is the head of the legal team that works out of
      Aman, Jordan. The group is called "The Defence and Support Committee
      of President Saddam Hussein, His Comrades and All Prisoners of War
      and Detainees in Iraq." The organization's name may be long-winded,
      but it is relevant considering the illegal incarceration of the
      Iraqi government and tens of thousands of innocent Iraqi civilians.

      On February 28, 2005, Al-Khasawna spoke to the Foreign
      Correspondents' Club of Japan concerning the plight of President
      Saddam Hussein. Al-Jazeera News covered the event and published an
      article written by Juoian Ryall on its website on March 1, 2005.
      Following are statements given to the assemblage by al-Khasawna:

      According to international law, Saddam Hussein and his government
      are still the legitimate leadership of Iraq and everything that has
      happened since the start of the occupation is illegal.

      The oppression of Iraq is not based on any international law but was
      made under the pretext that Iraq had weapons of mass destruction.
      Iraq confirmed it had no weapons of mass destruction, so that means
      that what is going on there now is the law of power, not the power
      of law.

      The head lawyer then went on to describe how he has not been allowed
      to see his client, despite numerous requests. He told the group that
      it is difficult to defend Saddam because the occupation authorities
      have placed many unreasonable restrictions in the way.

      Curtis Doebbler is the leading U.S. attorney on Saddam Hussein's
      defense team. Recently, well-known peace activist Ramsey Clark was
      added to the squad.

      On January 20, 2005, Doebbler issued a statement that covers many of
      the illegalities and irregularities of the upcoming trial. Here it
      is in its entirety as published by www.uruknet.info:

      Update on the Representation of President Saddam Hussein
      Dr. Curtis F.J. Doebbler
      Member of the Legal Team representing Saddam Hussein

      January 20, 2005

      Although continued attempts are being made to establish access to
      the President of Iraq who has been held without access to a lawyer,
      only one meeting has been arranged more than one year after the
      detention began. This meeting took place with one of the lawyers of
      Committee under strict monitoring (both visual and audio) whereby
      two US military officials were present at all times. This meeting
      was not under conditions that meet the minimum standards for access
      to legal counsel provided by international law (e.g. in article 14
      of the ICCPR). Neither has this meeting been followed up with
      additional meetings. It is estimated that counsel need at least
      several hours of daily contact with their client to be able to
      consult with him and to facilitate the preparation of his defense.
      Unless such access is immediately provided all charges against the
      defendant should be dropped because of the serious violations of his
      human rights.

      Furthermore, legal counsel's inability to have access to evidence or
      formal charges also contributes to the irreparable violation of
      defendant's rights. For more than one year, and despite statements
      by United States and Iraqi government officials that huge amounts of
      evidence exist, no access to any of this evidence has been granted
      to defense counsel.

      Finally, legal counsel for the President continue to dispute the
      legitimacy of the Iraqi Special Tribunal for the following reasons:

      1. The tribunal is the result of an illegal invasion of Iraq which
      unequivocally violated international law, namely article 2(4) of the
      Charter of the United Nations. Attempts to justify this use of force
      as somehow justified by Iraq's reaction to UN Security Council
      resolutions are inconsistent with statements of the majority of both
      the permanent members of the UNSC and the total membership of this
      body and are devoid of any legal basis. To satisfy basic principles
      of justice any court concerned with trials in Iraq that have
      resulted from the United States' illegal use of force must be able
      and willing to try American's who have committed crimes against
      peace, including American President George W. Bush.

      2. The tribunal is illegal because it is constituted outside the
      ordinary Iraqi judicial and as the result of steps by the United
      States as the occupying power in Iraq to interfere with the existing
      judicial power in Iraq in a manner that renders it liable to violate
      international human rights and humanitarian law. An occupying power
      is forbidden from destroying the judicial of an occupied territory
      and replacing it with a judicial with allegiance to itself that will
      not prosecute its own soldiers who have violated international law.
      Nevertheless, the United States did just this in vetting all Iraqi
      judges for their political opinions and affiliations and removing
      those judges who disagreed with the occupiers' political opinion.
      This action contravenes general international law that provides that
      an occupation is not sovereignty and therefore prohibits the
      occupier from changing the institutions of government when the
      changes contribute to the violation of international law.

      3. The extraordinary nature of the Iraqi Special Tribunal is
      evidenced by the fact that it would have been illegal even under the
      Iraqi Administrative Law of 8 March 2004, except for the special
      dispensation which is given in that law. Despite the dispensation,
      however, the Special Tribunal does not meet the minimum standards of
      international law required for a fair trial and is thus illegitimate.

      4. The Iraqi Special Tribunal does not meet the requirement of being
      a competent, independent, and impartial tribunal. It is not
      competent because it has been established by an occupying power in
      violation of international law as an attempt to usurp the
      sovereignty of the Iraqi people. It is not independent because it
      his been established by the United States as the occupying power and
      not a sovereign Iraqi government and because it lacks the authority
      and will to trial United States citizens who have violated
      international law by illegally invading Iraq. It is not impartial
      because the judges remain anonymous and "faceless judges" have been
      held to be prima facie violation of the requirement of impartiality.

      5. The Iraqi Special Tribunal also violates international law
      because it denies defendant's basic fair trial and due process
      rights. Defendants have not been able to meet their lawyers in any
      meaningful way. Evidence of torture and mistreatment of defendants
      has not been investigated. Defendants have been denied facilities to
      prepare their defense. Defendants have not been charged. Defendants
      have been denied access to any of the alleged evidence against them.
      All of these failures constitute violations of defendants' rights.

      6. Only a tribunal created by international mandate and with truly
      impartial judges sitting can try a head of state who has been
      captured pursuant to an illegal invasion of his country. The Iraqi
      Special Tribunal is not such a tribunal and constitutes a serious
      violation of international law.

      At the end of December 2004, Mr. Ramsey Clark formally joined the
      defense team efforts. He will be responsible for legal action taken
      in the United States and contacts with the press in the United
      States. He will also advise the legal team being assembled in Jordan
      under the auspices of ISNAD.



      To subscribe to this group, send an email to:

    Your message has been successfully submitted and would be delivered to recipients shortly.