Friday, July 18, 2008

Prosecution of George W. Bush by the International Criminal Court

Prosecution of George W. Bush by the International Criminal Court

Information and Evidence Unit
Office of the Prosecutor
Post Office Box 19519
2500 CM The Hague
The Netherlands
Fax: +31 70 515 8555

Email: otp.informationdesk@icc-cpi.int [1]


July 15, 2008

Dear Chief Prosecutor,

Congratulations on your request for an arrest warrant for the president of Sudan. When the rule of law cannot be justly enforced within a nation, it must be enforced internationally. In that regard, I would like to recommend that you seek an arrest warrant for the president of my nation, the United States of America. I have read your letter of February 9, 2006, in which you decline to seek prosecution of George W. Bush, and I believe new evidence compels another review.

With all due respect for the difficulty of your work, the case you have brought against the president of Sudan has followed quite different standards than those applied in your refusal to prosecute the president of the United States. In fact, you have refused to consider prosecution of George W. Bush because the United States is not a member of the International Criminal Court. But Sudan is also not a member of the International Criminal Court. Were you to consider the evidence of international crimes in Iraq as it exists today, and to consider the crimes committed on behalf of the president of the United States by members of the United States military and mercenaries employed by the United States, I believe you would find a case for prosecution that met the standards you applied, and applied well and admirably, to the president of Sudan.

While there is good reason to expect multiple prosecutions of George W. Bush and of his Vice President and top advisors by individual nations, the rule of law would benefit were the International Criminal Court to take the lead. Should it fail to do so, the entire idea of international law will suffer seriously. In the time since your 2006 letter, Judge Baltasar Garzón of Spain, on March 20, 2008, has written these words in El Pais:

"Breaking every international law, and under the pretext of the war against terror, there has taken place since 2003 a devastating attack on the rule of law and against the very essence of the international community. In its path, institutions such as the United Nations were left in tatters, from which it has not yet recovered....We should look more deeply into the possible criminal responsibility of the people who are, or were, responsible for this war and see whether there is sufficient evidence to make them answer for it....There is enough of an argument in 650,000 deaths for this investigation and inquiry to start without more delay."


You wrote in your 2006 letter that you cannot prosecute the crime of aggressive war but only the commission of war crimes that take place during a war, and that in 2009 it may become possible for you to prosecute the crime of aggression. While we must all strive to make that prosecution possible in 2009, it is not needed in order to prosecute George W. Bush, and his prosecution should not wait. As the Nuremberg Tribunal stated so well, "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." This has proven to be true in Iraq, and in Bush's global "war on terrorism", and there is no reason to delay prosecution for each separate element of the accumulated evil.

In order to prosecute crimes against humanity, you write that you need to identify "widespread or systemic attack directed against any civilian population." The civilian population of Iraq has suffered as a result of the US-led invasion and occupation in numbers and proportion that can only be called widespread and systemic. Iraqi deaths as a result of the invasion and occupation, measured above the high death rate under international sanctions preceding the attack, are estimated at 1.2 million by two independent sources (Just Foreign Policy's updated figure based on the Johns Hopkins / Lancet report, and the British polling company Opinion Research Business's estimate as of August 2007). According to the United Nations High Commissioner for Refugees (UNHCR), the number of Iraqis who have fled their homes has reached 4.7 million. If these estimates are accurate, a total of nearly 6 million human beings have been displaced from their homes or killed. Many times that many have certainly been injured, traumatized, impoverished, and deprived of clean water and other basic needs.

In examining attacks on civilian populations, some specific incidents can be highlighted, not all of them occurring between March and May 2003, the period of time you referred to in your 2006 letter, and not all of them involving soldiers of the United Kingdom. It is necessary to examine the entire length of the US-led occupation, and to examine the crimes of US troops and mercenaries. Since May of 2005 I have collected evidence of these crimes on a website at http://afterdowningstreet.org[2] A thoroughly documented October 2006 report posted there and prepared by Consumers for Peace ( www.consumersforpeace.org [3]) with the advice of Karen Parker, President of the Association of Humanitarian Lawyers ( www.humanlaw.org [4]) and Chief Delegate to the United Nations for the International Educational Development/Humanitarian Law Project (IED/AHL), will provide you with much useful evidence of crimes during the sieges of Fallujah, Samara, Tal Afar, and other cities, as well as systemic violations of the basic duties of an occupying power, and widespread illegal use of a variety of weapons. See: http://afterdowningstreet.org/warcrimesreport [5]

The above report, as many others, also makes the case that the killing of civilians in thousands of isolated incidents has been standard operating procedure for occupying forces in Iraq:

Please, continue reading...

Thursday, July 17, 2008

Important Advice For the Humor-Deficient

Advice: Important Advice For the Humor-Deficient

John McCain got in trouble this week for an old joke he told once about how women enjoy rape. No one gets his sense of humor! He grew up with the subtle wit of Sir Francis Burnand's Punch, is it his fault the kids today all read filthy comic books or whatever? Similarly, The New Yorker got in trouble this week for printing a cover that everyone had to pretend not to understand in order to be outraged about how no one would get the joke. It was complicated. But we have advice from an expert that will help. John McCain needs to read this email from your day editor's mother.

Brazil: Bloggers question the 13 new cyber-crimes

Global Voices Advocacy » Brazil: Bloggers question the 13 new cyber-crimes

In the small hours of last Thursday, July 10, the Brazilian Senate passed the ‘Digital Crimes Bill’, which typifies the cyber-crimes punishable by law and stipulates penalties accordingly. The proposal will now be proceeding to the House of Representatives for a review of the last amendments, and the next step is its approval or veto (in full, or any of its articles).

Thanks to the pressure from many fronts, the initial draft proposed by Senator Eduardo Azeredo, which gathered unanimous rejection by the blogosphere, has been re-written for the better. The demand for user identification before they can take any action on the Internet, such as blogging, e-mailing or chatting, has been dropped, and some advances have even been made with the inclusion of an article to criminalize online racism.

Wednesday, July 16, 2008

Furor over Bush lawyer's racism in deportation case of Nigerian minister

Furor over Bush lawyer's racism in deportation case of Nigerian minister

A top Bush administration pardon lawyer was fired for making racist remarks in the case of a beloved Brooklyn minister facing deportation, the Daily News has learned.

"This might sound racist, but [the applicant] is about as honest as you could expect for a Nigerian. Unfortunately, that's not very honest," pardon attorney Roger Adams said as he recommended President Bush deny clemency to the Nigerian immigrant under consideration.

That Nigerian turned out to be Park Slope minister Chibueze Okorie, sources familiar with the case told The News.

Adams was forced out in January because of his anti-Nigerian comments.

The top lawyer "appeared to have improperly considered one applicant's Nigerian origin when deciding not to recommend clemency for that applicant," according to a scathing report in December by the Justice Department's inspector general.

Iraqi Kurds block vote on election plan

Iraqi Kurds block vote on election plan - Yahoo! News

BAGHDAD - Iraq's Kurdish leaders blocked a vote on the country's proposed provincial election law Tuesday when they walked out of parliament, leaving the legislature without a quorum.

The dispute centers on Kurdish demands for a referendum in the
oil-rich city of Kirkuk on whether it should become part of the Kurds'
semiautonomous region in northern Iraq.


The Kurdish snub left only 133 lawmakers in the 275-seat
legislature. Parliament is scheduled to reconvene Thursday, but it is
unclear whether the Kurds will clear the way for the provincial
elections planned for Oct. 1.

Truth/Reconciliation: Morehouse on My Mind

Truth/Reconciliation: Morehouse on My Mind at Racialicious - the intersection of race and pop culture

I have never walked across the stage on the Morehouse College campus green to receive my degree. On the first day of our indoctrination in 1986, who would have thought I would end up as one of those missing in action four years later? The upperclassman speaking prophesized: “Look to your left and your right. Four years later, one of these brothers will not be here,” and in 1990 one of those brothers was me. I was an “out” gay man at Morehouse College. On my would-be graduation day, I contemplated what
looked like a dismal future, by Morehouse standards—no Morehouse degree and no respect from the men that made up my peer group.

A recent article in the Los Angles Times, by Richard Fausset, bookends the recent history of homophobia and gay awakening at Morehouse with the heinous 2002 baseball-bat beating of a Morehouse student, Greg Love, by a dormitory mate, Aaron Price, and the historic “No More ‘No Homo’ ” events organized by Michael Brewer and members of the campus organization, Safe Space, in April 2008. For me, this recalls memories that I had put away, but which provide the foundations of my life as a scholar and activist. The fact that homophobia at Morehouse is not unique or unusual with respect to heterosexism and homophobia in society at large should be obvious. The institution represents rather, the “perfect storm” of homophobia —racial and class anxieties of “exceptional Negroes,” masculine gender trouble, class conflict and fundamentalist religious baggage [or as some might say, “heritage” or “tradition.”] These seas roil and skies open up in an international climate of heterosexism and misogyny. Homophobia at Morehouse is therefore instructive, dramatic and sad, but not rare in our world.

African leaders revel in largesse while people live in poverty

African leaders revel in largesse while people live in poverty - Telegraph

Private jets, Bugatti cars, a shark-filled aquarium and enough bank accounts to paper the new luxury yacht - the extraordinary capacity of some African leaders and their families for apparent self-enrichment has been laid bare in a French lawsuit over allegedly stolen state money.


Following an inquiry last year by the French fraud body OCRGDF, an
anti-corruption campaign group has accused a string of African politicians
of plundering vast sums from the often struggling economies of their
countries.



Inhabitants of Gabon or the Republic of Congo who have ever wondered what
happens to their precious oil and mining revenues don't need to look any
further than Paris and the French Riviera.

Has SA betrayed Mandela's legacy?

Has SA betrayed Mandela's legacy? - Mail & Guardian Online: The smart news source

Nelson Mandela celebrates his 90th birthday on Friday as a widely revered statesman, but South Africa faces a host of problems that challenge the dream he embodies of a harmonious rainbow nation.

Mandela, imprisoned for 27 years but forgiving of his former captors, is hailed as a shining example of the power of forgiveness and reconciliation.

His smile and sense of humour have made him a treasured international icon. He is rare among African leaders in agreeing to give up power quickly, after only one term following the 1994 end-of-apartheid elections.

He transcends races and opinions in South Africa itself, acclaimed by all sides of society, including white South Africans whose rule he fought to overthrow.

Yet his birthday comes at a time of crisis in the country under the rule of his successor, Thabo Mbeki, widely attacked for failures in fighting Aids, poverty, a major power crisis, violent crime and the disaster in neighbouring Zimbabwe.

Latoyia Figueroa (1981-2005)

It's been three long years since Latoyia and Nyla Figueroa's untimely death in 2005. She was missing on July 17, 2005. Her case has brought the attention regarding missing people of Color around the nation and the world.

May she and her daughter rests in peace.

When White People Tell the Truth…They pay a price

Indigenist Intelligence Review

The Angryindian

07.16.2008



In writing this editorial I find myself in a very surprising and somewhat awkward position. There are very few personalities within the arena of International mainstream news media that I genuinely respect as bona fide news-people and admittedly, I harbour virtually no respect, if any at all, for the American pseudo-news disinformation machine we are presently lumbered with. Aside from exceptional investigative journalists such as John Pilger and Greg Palast, it is extremely difficult to find someone accepted by the establishment that will dare look beyond the rhetorical defences of power to bring the how, where and why to a general public seeking answers.



This brings me to my current journalistic conundrum. As a young man trying to understand the world beyond my NYC ghetto, I watched conservative “opinion” programmes such as Firing Line and The McLaughlin Group on the principle notion that these individuals, (hosts William F. Buckley, Jr and John McLaughlin respectively) should be listened to primarily because they obviously were (and still are) the mouthpieces of the White colonial mainstream establishment, (i.e., “the Man”) and I wanted to be in the know.



There is much I can point to in regards to the late Mr. Buckley and out of respect for the recent dead I will not delve into his semantic misdeeds in spite of the fact that he showed no so such respect for others his brand of American conservatism branded “useless”. I can with great ease also list a plethora of heartless activity from Mr. McLaughlin over the years, but in view of his recent remarks about Barack Obama, I actually find myself coming not so much to his defence, but to the defence of an analysis that for once was dead on and honest.
What am I going on about? I ask the reader to peruse the following brief except from the July 11-13 broadcast of The McLaughlin Group: (Obtained from mediamatters.org)



McLAUGHLIN: OK, let's nail this thing down, and here's a sample of what Jackson apparently sees as Obama disparaging the black community.

OBAMA [video clip]: If we're honest with ourselves, we'll admit that too many fathers are also missing. Too many fathers are MIA. Too many fathers are AWOL. Missing from too many lives and too many homes. They've abandoned their responsibilities. They're acting like boys instead of men. And the foundations of our family have suffered because of it. You and I know this is true everywhere, but nowhere is it more true than in the African-American community.

McLAUGHLIN: Question: Does it frost Jackson, Jesse Jackson, that someone like Obama, who fits the stereotype blacks once labeled as an Oreo -- a black on the outside, a white on the inside -- that an Oreo should be the beneficiary of the long civil rights struggle which Jesse Jackson spent his lifetime fighting for? Peter Beinart.

BEINART: Who knows what Jesse Jackson is thinking? But that's a completely unfair depiction of Barack Obama, who -- the genius of Barack Obama is that he moves seamlessly between the African-American world and the white world in a way that even Bill Clinton couldn't possibly match. And the tragedy of this experience is that you know who's spoken very eloquently for many, many years about personal responsibility in the black community? Jesse Jackson. He of all people should recognize, in fact, that what Barack Obama is saying is not contrary to the message of the civil rights movement, it is keeping with that message.

McLAUGHLIN: Now, let's nail it down a little bit more, for the sake of Jackson. The question is this: Jackson's point of contention is this -- this is the exit question. The point of contention is that instead of Obama solely lecturing African-Americans on parental duty, particularly fathers, he should also give equal attention to the large, and many believe prejudicial, incarceration rate for blacks, their lack of economic opportunities, and other public policy issues that limit choices for black males. Why doesn't Obama hit that as hard as he hits individual parental responsibility? That's what Jackson is complaining about.

BEINART: Barack Obama doesn't talk about jobs and health care? He talks about it all the time. If you wanted to talk about the fact there were too many people in prison, then you're asking him to do something that would lose him the election.

McLAUGHLIN: Oh. Oh. Oh.

BEINART: That is politically -- that no serious political strategist -- he's a man trying to win the presidency, John.

McLAUGHLIN: He's exactly what Jeremiah Wright says he is: He will do whatever is necessary to win.

BEINART: He's a practical politician --



To be absolutely clear with the reader, I want it understood that I am no fan of this long-running enterprise in soft pro-Europocentric propaganda. McLaughlin, a life-long conservative former priest who not only hosts racist neo-conservative muckrakers like Pat Buchanan but only seems to invite mainstream pro-capitalist journalists who adhere to the party policy of Malthusian theory, is nowhere to be found my top ten list of acceptable people. I still cringe when I see Chicago’s Uncle Tom number one Clarence Page offer his adulterous two-cents as if his opinion really mattered. But I must say this in all fairness, in this particular case, he is right. Barack Obama does not, has not and will not represent African people here in the colonial United States or anywhere else in the African Diaspora. He is a White Man's Negro point-blank and he knows it. So does the Rev. Jesse Jackson, the Rev. Jeremiah Wright and everyone else with clear political maturity deeply involved in this struggle we call "human rights".


Media Matters.org is calling for an apology from McLaughlin and generally I support their efforts to clean up mainstream media. But in this case I cannot in good faith condemn Mr. McLaughlin for speaking the truth. Like Jimmy the Greek before him, McLaughlin is not being disparaged for what he said as much as by his saying so he has lifted, most likely unintentionally, the American rug concealing all of the embarrassing White racial dirt the U.S. had swept beneath it for generations. I for one find it discomforting that while Barack Obama, the half-African Great White Hope of the moment, does not have the testicles to address traditional White American racial policy, an old-school White conservative like Mr. McLaughlin can point it out and be condemned for doing so. Hopefully this situation may be the impetus for a real discourse on what is the real crux of the issue. When members of the White ruling class point out that things are wrong or unjust with the “system”, it is much more difficult to argue that the system is just. When victims of the system grumble however, the response is just the opposite.


What most people are taking offence to is the term “Oreo” being used in reference to Barack Obama the Dark Candidate, not Barack Obama the Black Man with a Euro-settler mother from Kansas. Mr. McLaughlin never called Obama one, he merely pointed out that for people like the Rev. Jackson and this writer, he is an Oreo by the very definition of the term. As a rehabilitated Uncle Tom/Apple who in my youth used to employ skin bleaching creams and Sun-In brand hair bleach to look more like the cast of kids that starred on the Brady Bunch, my position is that it is not an insult to call Mr. Obama an Oreo, it is a statement based on keen and dispassionate observation. He is an Oreo and by extension based on his recent public activity towards his own assumed base, an Uncle Tom in the most classic sense of the term.



“I, John Brown, am now quite certain that the crimes of this guilty land will never be purged away but with blood. I had, as I now think, vainly flattered myself that without very much bloodshed it might be done.”

- American Abolitionist John Brown on the day of his death -





He has yet to address rank and file American African people or our collective issues directly; he distances himself from "troublesome" uppity activist types unless they are White males, (such as Bill Ayers, an advisor infamous for his direct involvement with the American terrorist group the Weather Underground) he promises to continue U.S. aid in eradicating what is left of the Palestinian Nation in favour of the Europocentric Zionist Ashkenazim power structure at home and abroad; he threatens Iran with self-serving U.S. belligerence without ever mentioning the deeply sordid history of U.S. meddling and regime change in that country in favour of American big business and basically kisses more White Supremacist arse with more grace and aplomb than either Condi Rice or Gen. Colin Powell (Ret.) ever could muster and retain a positive self-image.

White folks who blindly assume that the world exists only to revolve around them and their wants and needs will strongly deny that this analysis is valid primarily because it deflates the lie that Europeans have solely relied upon their imaginary superior wit and morality to win the world. The empirically demonstrated if rarely mentioned record of overwhelming violence and guile displayed by Europeans internally on the sub-continent and externally nearly everywhere else lays bare this hypocrisy. The realism of total Europocentric control over not just the socio-political and economic paradigms that effect Africans in the U.S. and throughout the Diaspora superficially overshadows the certainty of the psychological damage such endeavours leave in their wake. The United States in 2008 has yet to officially or unofficially concede that non-Europeans are forced by socio-political convention to conform to the psychosomatic slavery that has been instilled in us since first contact.


The wish to believe that Barack Obama, the hype surrounding his campaign and the White liberal pledge of “change” used in conjunction with his name does not reflect a direct result of past and present genocide says more into White communal concerns rather than humanistic and ethical social justice. The “change” American Whites are seeking is a new face for the same old game. Just as classic imperial-colonialist politick necessitates that positive control cannot be maintained against subjected populations with White-skinned military governors, Pax Americana at this point in the game needs a similar mask to remain relevant. Especially with a population at home becoming more and more brown each succeeding generation.


These are the long-recognised rules of empire. Mr. Obama does more than conform to these rules, has internalised them to such a degree that it is entirely fair to declare that the “Blackness” liberal White Americans enjoy pointing to when referencing Obama is purely and utterly mythical. In more honest political jargon, what Mr. Obama actually represents what used to be called in hushed terms a “Colonial Fix,” wherein the subjected population and their resources are managed by proxy by a cadre of establishment handpicked “leaders” who do little more than keep the rest of the rabble in line.


This is a pattern that can be seen universally wherever imperial and colonial impositions prey upon a weaker people regardless of the nationality of the imposing power. China pursues such policies in Tibet; France has had its Indochina and Algerian puppet governors and still maintains positive and unwanted control of French Guyana and Djibouti by means of “in-betweens” buffering and blurring the illusion of domestic national control. Britain steadfastly refuses to relinquish control of the Falklands, Northern Ireland or Wales (Cymru) respectively and Indonesia has never been held accountable for East Timor. The history of Africa and European colonialism has still yet to be fully and honestly written and continues unabated as I write this editorial. The European “conquest” of the Americas, while largely and incorrectly absent from most accounts of official abuses of xenophobic colonial power, by far remains the perhaps the single most horrible case in point of aggressive White Power known to human history.


Barack Obama not just honours this legacy of destruction and conquest but revels in it. He leaves little doubt that the only thing that will be different about his reign in the White House is the window dressing. Like the African emperor Septimus Servus who hit legitimate African and Arab rebellion harder than any other Roman head of state, centuries later Barack Obama promises more of the same, so whence cometh the change?


Mr. McLaughlin, an unapologetic supporter of American empire is, like most American corporatists at heart a pragmatist. He knows full well that it is not what Rev. Jackson said as much as it is what he meant in his spontaneous remarks about the candidate. Mr. McLaughlin is not a fool; he knows full well that the struggles led by people like Rev. Jackson and thousands of the nameless and faceless others littering the graveyards and prisons of the U.S. were not just fighting the Ku Klux Klan or the White Citizens Councils, they were resisting a centuries long process of state-sponsored genocide by a government representing a White populace hell-bent on eliminating Indigenous peoples, Africans and Asians not content with being anything more than exodus fodder for White Power.


McLaughlin is being pilloried for confirming that the Rev. Jesse Jackson, aside from the off-the-cuff comments that anger American White people, uniquely represents that narration, a dark, violent history of African survival against all odds, a history Barack Obama and his handlers use to great effect without employing one iota of its intrinsic substance. Proudly waving the flag of the White racialist revisionist re-packaging of the anti-genocidal efforts of Dr. Martin Luther King Jr., Barack Obama does his absolute best to portray himself as anything other than a real Black man living the Black experience in these United States of America.


I am reminded at this juncture of Sir Sidney Poitier, someone who has been unduly criticized by many American Africans as a sell-out for not being “Black” enough due to the revolutionary standards set by those who actually took the battle to the streets and courthouses of the U.S. While Sir Poitier did not wear an Afro or raise his fist in defiance of African rights, he has and continues to do much to represent African people across the globe as human beings, a quality Barack Obama does not possess. Sir Poitier to my knowledge has never bit his tongue when it came to demanding respect as an African and has never, at least on record, ever denied his “Blackness”, even at the risk of damaging his career. Before he became a world class actor and political representative of his home nation the Bahamas, he was Black. And after the final curtain falls, Sir Poitier will still be Black. And he will still not have apologised for being so.


Barack Obama it would appear, missed school the day this lesson in self-respect was taught. Mr. McLaughlin, though had enough common sense to pay attention if only like me, just to be in the know.


The Angryindian

Editor, Inteligentaindigena Novajoservo / The Indigenist Intelligence Review

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