From: Dirk Adriaensens <dirkadriaensens [at] gmail.com>
Date: Tue, Apr 24, 2012 at 11:13 PM
Subject: [IAON] FOR IMMEDIATE RELEASE: KL WAR CRIMES TRIBUNAL TO HEAR SECOND WAR CRIME CHARGE AGAINST BUSH AND ASSOCIATES
88, Jalan Perdana,
Taman Tasek Perdana,
50480 Kuala Lumpur
(T): +603 2092 7248
(F): +603 2273 2092
(E): [email protected]
FOR IMMEDIATE RELEASE
TRIBUNAL TO HEAR SECOND WAR CRIME CHARGE AGAINST BUSH AND ASSOCIATES
KUALA LUMPUR, 12 April 2012 – The Kuala Lumpur War Crimes Tribunal will be hearing the second charge of 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 Defense, Jay Bybee, then Assistant Attorney General, and John Choon Yoo, former Deputy Assistant Attorney-General. The charge reads as follows:
The Accused persons had committed the Crime of Torture and War Crimes, in that: The Accused persons had wilfully participated in the formulation of executive orders and directives to exclude the applicability of all international conventions and laws, namely the Convention against Torture 1984, Geneva Convention III 1949, Universal Declaration of Human Rights and the United Nations Charter in relation to the war launched by the U.S. and others in Afghanistan (in 2001) and in Iraq (in March 2003); Additionally, and/or on the basis and in furtherance thereof, the Accused persons authorised, or connived in, the commission of acts of torture and cruel, degrading and inhuman treatment against victims in violation of international law, treaties and conventions including the Convention against Torture 1984 and the Geneva Conventions, including Geneva Convention III 1949.
The Kuala Lumpur War Crimes Commission (KLWCC) following the due process of the law is bringing this charge against the accused. In 2009, the Commission, having received complaints from torture victims from Guantanamo and Iraq, proceeded to conduct a painstaking and an in-depth investigation for close to two years. Two charges on war crimes were drawn and filed against the accused persons.
The Kuala Lumpur War Crimes Tribunal had heard the first charge in November 2011 against the two accused, former U.S. President George W. Bush and former British Prime Minister Anthony L. Blair who were after a 4-day trial found guilty of Crimes Against Peace. These two former heads of state violated the United Nations Charter and international law when they planned, prepared and invaded the sovereign state Iraq on 19 March 2003 without just cause.
At the first hearing in November 2011, the Tribunal had permitted the prosecution’s application to hear only the first charge. The second charge will now be heard at the second Tribunal hearing from 7 – 12 May 2012.
The Kuala Lumpur War Crimes Tribunal is constituted of eminent persons with legal qualifications. The judges of the Tribunal, which is headed by retired Malaysian Federal Court judge Tan Sri Dato Lamin bin Haji Mohd Yunus, who also served as an ad litem judge at the International Criminal Tribunal for the former Republic of Yugoslavia, include other notable names such as Mr Alfred Lambremont Webre, a Yale graduate, who authored several books on politics, Tunku Sofiah Jewa, practising lawyer and author of numerous publications on International Law, Prof Salleh Buang, former Federal Counsel in the Attorney-General Chambers and retired Court of Appeal judge Datuk Mohd Sa’ari Yusof.
Point to note is that victims of torture will also be called give evidence before the Tribunal. The cries of these victims have thus far gone unheeded by the international community. The fundamental human right to be heard has been denied to them. These witnesses will testify on the torture they had endured during their incarceration. The accused will have a right to cross-examine them as in any open court hearing.
The Tribunal will adjudicate and evaluate the evidence presented as in any court of law. The judges of the Tribunal must be satisfied that the charges are proven beyond reasonable doubt and deliver a reasoned judgement.
In the event the tribunal convicts any of the accused, the only sanction is that the name of the guilty person will be entered in the Commission’s Register of War Criminals and publicised worldwide. The tribunal is a tribunal of conscience and a peoples’ initiative.
The prosecution for the trial will be lead by Prof Gurdial Singh Nijar, prominent law professor and author of several law publications and Prof Francis Boyle, leading American professor, practitioner and advocate of international law, and assisted by a team of lawyers.
The trial will be a public hearing held in an open court on 7-12 May 2012 at the premises of the Kuala Lumpur Foundation to Criminalise War (KLFCW) at 88, Jalan Perdana, Kuala Lumpur. The hearing is open to members of the public.
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
Tel: +6012-3737 886
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’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 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 Criminalise 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
Member BRussells Tribunal Executive Committee