Iraqis Preparing to Try Americans for Crimes Against Humanity

By NADL AL EWIS
Baghdad (Ohio) Times and Picayune
30th March 2003

Senior officials of the Iraqi Government said that they were collecting evidence of war crimes including the apparent execution of Iraqi civilians. The evidence will be used to prosecute Americans after the war in international tribunals, they said. The officials also said that they were planning more trials that would hold American officials to account for crimes against humanity, war crimes and even genocide over the past 200 years.

The officials said there was evidence in the current war that American officers have been engaging in activities that are explicitly prohibited by the Geneva Conventions of 1949 and a predecessor, The Fourth Convention of the Hague, signed in 1907. They said that the execution of prisoners was prohibited by the Third Geneva Convention, Article 13, which also covers other mistreatment including the parading of prisoners before television cameras.

A senior Iraqi human rights activist said that while Iraqi officials may have been insufficiently energetic in pushing away the press from the prisoners, the Americans' failure to protect the prisoners of war being paraded in situations where they were obviously in fear and pain violates the Geneva Conventions.

It is also possible that senior members of the US Government may be charged with violating United States Law, as well. The Hague convention states that the premeditated assassination of individuals is illegal under international law, which means that the strike against the bunker of Saddam Hussein at the beginning of the illegal attack on Iraq by an Anglo-American coalition, attempting to eliminate the Iraqi leadership, violates international law.

But Executive Order 12333 - which states clearly that “Any official of the administration is prohibited from conspiring or involving themselves directly in assassination policies" - signed in 1976 by President Ford has not been revoked. This means that the attempted murder of President Saddam Hussein by US military forces is illegal under US law. The Bush administration has tried to protect American citizens from the fora of international justice, following a policy under which American citizens answer to their own country, not international tribunals. However, this is clearly a violation of the laws of the USA.

Mr. Bush and his Defence Secretary, Donald Rumsfeld, are among the 12 people Iraq has put on a list of high-ranking people who would be prosecuted for war crimes if they survive the war.

Blair Releases a Proposed List of War Crimes to Be Judged by Tribunals

British News Release - George S Bootlickus

BAGHDAD, 28 February — The British Defence Ministry today released a proposed list of 24 crimes to be used by tribunals conducting trials for adversaries captured in the campaign against terrorism and held by the military.

The document, which is titled "Crimes (excluding US and Allied) for Trials by Military Commission" includes attacks on civilians, the taking of hostages, the use of poisons, the deployment of human shields, terrorism and rape among the crimes.

The use of military commissions to prosecute terrorism suspects was approved by King George W after the Sept. 11 attacks. Although they were created to deal with Taliban and Al Qaeda members, Al Haj Tony Blair, the Satrap for Great Britain said today that the rules could apply to Iraqis who might come into United States military custody, should King George W order America and Britain (and Australia) to war.

The draft instructions, which would apply only to non-Americans - and non-Britons and non-Australians - list as crimes the wilful killing of protected persons; attacking civilians, civilian objects or protected property of oil companies; pillaging; taking hostages; and employing poison or similar weapons; the use of protected persons or property as shields; mutilation or maiming; the use of treachery or perfidy; the improper use of the flag of truce or protective emblems; the degrading treatment of an oil company; hijacking or hazarding an oil tanker; terrorism; aiding the enemy (France or Germany); spying; perjury or false testimony; and obstruction of oil companies attempting to extract Middle-Eastern petroleum.

Citizenship of France or Germany is not considered a crime, but Blair said thatthe list includes "related offences," like conspiracy and aiding or abetting, attempting, soliciting or ordering any of the 24 crimes mentioned.

The use of child soldiers has been left out of the list, out of consideration for the British Armed Forces.