Kuala Lumpur War Crimes Tribunal

Justice by the People

Published by
The western world based its own foundation on Justice
for the people but in the same time it created tools that
allowed it to circumvent the foundation of justice when it
deals with other peoples of the world. The United States is
today the leader of this western world and it has flouted all
the rules of justice that it vouched for not long ago.

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 Kuala Lumpur War Crimes Tribunal

Justice by the People

Dedicated to the

Children of Iraq

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1
 Kuala Lumpur War Crimes Tribunal

Justice by the People

Published by

www.worldfutures.info

15th April 2007

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tled Kuala Lumpur War Crimes Tribunal, Justice by the People.

2
 The Charter of the
United Nations
WE THE PEOPLE OF THE UNITED NATIONS DETERMINED

to save succeeding generations from the scourge of war, which twice in our
lifetime has brought untold sorrow to mankind, and

to reaffirm faith in fundamental human rights, in the dignity and worth of the
human person, in the equal rights of men and women, and of nations large
and small, and

to establish conditions under which justice and respect for the obligations
arising from treaties and other sources of international law can be maintained,
and

to promote social progress and better standards of life in larger freedom....

Article 2

The Organization and its Members, in pursuit of the Purposes stated in

Article 1, shall act in accordance with the following Principles.

1. The Organization is based on the principle of the sovereign equality of all

its members....

3. All Members shall settle their international disputes by peaceful means

in such a manner that international peace and security, and justice, are not
endangered.

4. All Members shall refrain in their international relations from the threat or
use of force against the territorial integrity or political independence of any
state, or in any other manner inconsistent with the Purposes of the United
Nations.

3
Chapter Vl: Pacific Settlement of Disputes

Article 33

1. The parties to any dispute, the continuance of which is likely to endanger

the maintenance of international peace and security, shall, first of all, seek a
solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial
settlement, resort to regional agencies or arrangements, or other peaceful
means of their own choice.

2. The Security Council shall, when it deems necessity, call upon the parties
to settle their disputes by such means.

Note: This charter is clear enough in its explanation of the rights of the
nations, members of the UN and the violations of this charter by the US and
the British, Australians and even the Israelis in Palestine are indications of
their culpability of war crimes

4
Introduction
Do we need a War crime tribunal to bring justice to the leaders of the world
who have flouted international laws and bring death by the hundreds of
thousands in the Islamic world? We are talking about war criminals who are
indeed leaders of their nations. The issue at stake is how to bring people like
the leaders of the United States of America George W. Bush (President),
Dick Cheney (Vice-President) and Donald Rumsfield (former Defense
Secretary) and Tony Blair the Prime Minister of Britain, not withstanding
John Howard Prime Minister of Australia and Ehud Olmert the Prime
Minister of Israel.
Why these people and not others like Nouri Al-Maliki, the Prime Minister
of Iraq who has signed the hanging papers of Saddam Hussein or some
other presidents and Prime Ministers from the Muslim world? The reason is
because the Muslim leaders hailing from any parts of the world and for any
sorts of reasons, will be easily charged by the International Court of Justice
(ICC) but the Bush, Blair and Olmert’s will never be indicted either by the
UN or by the ICC.
Clearly there is justice at double speed, if not a one sided justice system,
that the world is currently dealing with. The UN is looking at the world
with lenient eyes laid on the West and a totally bullish attitude towards the
rest of the world. There is not going to be a ‘Nuremberg’ for Bush, Blair or
Olmert and company.
This should be dealt with and it is imperative that the idea of the Kuala
Lumpur War Crimes Tribunal (KLWCT) be given the proper attention that
it deserves. The KLWCT has been formally established by former Prime
Minister of Malaysia, Tun Mahathir Mohamad in February this year.
When Tun Mahathir Mohamad chaired the newly launched anti-war tribunal
under the aegis of the Perdana Global Peace Organization, it was given
some coverage on the Internet but most of the mainstream madia’s in the
Western world decided to forgo the story.
The organization is campaigning for war to become a crime that is punishable
by international laws. However, the task to criminalize war is monumental
and the leaders targeted by the Kuala Lumpur War Crime Commission are
almost untouchable. The tribunal will have to find a way to bring justice to
the people whose rights has been violated by the US, the UK, Australia and
Israel in particular.

5
The western world based its own foundation on Justice for the people but in
the same time it created tools that allowed it to circumvent the foundation
of justice when it deals with other peoples of the world. The United States
is today the leader of this western world and it has flouted all the rules of
justice that it vouched for not long ago.
In the long process of history, the western world slid into a moral decay that
lead the world to the present war situation. The West, under the leadership
of the United States of America has induced its victims to accept a form
of rough justice. It ‘freed’ Iraq from a stable regime only to allow the new
leaders of the country to execute its own people.
Its military is also to be charged for the war crimes it committed and is still
committing in Iraq, Afghanistan and Somalia. The US is targeting Muslims
who are against its foreign policies, which is one of aggressive military
tactics against its opponents. The ICC, like a sitting bull, is watching while
the UN is going after other underdogs such as Iran and Sudan or some other
weak nations that cannot defend themselves against the pre-emptive military
policies of Washington.
Will the KLWCT create enough attention to bring the ICC to react against
Bush and his allies? The question is palatable and the answer is a forgone
conclusion. It is apparent that there will be no swift justice, if not any form of
justice against the leaders of the western world who are clearly responsible
for the genocidal acts of their soldiers in foreign lands.
This book is published with the aim of creating the much needed attention
among the public in Malaysia regarding the role of the western leaders
mentioned in this Introduction page in the wars that are still ongoing in
Iraq and Palestine. It is also a form of support for the idea of a War Crimes
Tribunal, such as the KLWCT which should be given more attention by the
general public.
In the event that the established court of justice such as the ICC is unable
to charge people like Bush, Blair, Olmert and Howard, then it might be
necessary to send these leaders a clear message of the disapproval of their
acts through the KLWCT. Since democracy is for the people, by the people
and of the people, hence justice will be by the people and history will decide
on the fate of perpetrators of the crimes the KLWCT is after.

March 25, 2007

Ampang, Selangor.
Malaysia
6
 The Kuala Lumpur Declaration

THE KUALA LUMPUR INITIATIVE TO CRIMINALISE WAR

17th December 2005

THE Kuala Lumpur Global Peace Forum of concerned peoples from all five
continents

UNITED in the belief that peace is the essential condition for the survival and
well-being of the human race,

DETERMINED to promote peace and save succeeding generations from the

scourge of war,

OUTRAGED over the frequent resort to war in the settlement of disputes

between nations,

DISTURBED that militarists are preparing for more wars,

TROUBLED that use of armed force increases insecurity for all,

TERRIFIED that the possession of nuclear weapons and the imminent risk of
nuclear war will lead to the annihilation of life on earth.

7
To achieve peace we now declare that:

• Wars increasingly involve the killing of innocent people and are,

therefore, abhorrent and criminal.

• Killings in war are as criminal as the killings within societies in times of

peace.

• Since killings in peace time are subject to the domestic law of crime,
killings in war must likewise be subject to the international law of
crimes. This should be so irrespective of whether these killings in war are
authorized or permitted by domestic law.

• All commercial, financial, industrial and scientific activities that aid and
abet war should be criminalised.

• All national leaders who initiate aggression must be subjected to the

jurisdiction of the International Criminal Court.

• All nations must strengthen the resolve to accept the purposes and
principles of the United Nations Charter and institute methods to settle

• international disputes by peaceful means and to renounce war.

• Armed force shall not be used except when authorised by a Resolution

passed by two-thirds majority of the total membership of the General
Assembly of the United Nations.

• All legislators and all members of Government must affirm their belief in
peace and pledge to strive for peace.

• Political parties all over the world must include peace as one of their
principal objectives.

• Non-Governmental Organisations committed to the promotion of peace

should be set up in all nations.

• Public servants and professionals, in particular in the medical, legal,

educational and scientific fields, must promote peace and campaign

8
 actively against war.

• The media must actively oppose war and the incitement to war and
consciously promote the peaceful settlement of international disputes.

• Entertainment media must cease to glorify war and violence and should
instead cultivate the ethos of peace

• All religious leaders must condemn war and promote peace.

To these ends the Forum resolves to establish a permanent Secretariat in Kuala

Lumpur to:

IMPLEMENT this Initiative.

OPPOSE policies and programmes that incite war.

SEEK the cooperation of NGOs worldwide to achieve the goals of this Initiative.

9
 International Crimes
as defined by the

International Criminal Court

The following acts are crimes coming within the jurisdiction of the
Tribunal for which there shall be individual responsibility:

(a) Crimes against Peace:

namely, planning, preparation, initiation or waging of a war of aggression,

or a war in violation of international treaties, agreements or assurances, or
participation in a common plan or conspiracy for the accomplishment of
any of the foregoing:

(b) War Crimes:

namely, violations of the laws or customs of war. Such violations include,

but not be limited to, murder, ill-treatment or deportation to slave labor
or for any other purpose of civilian population of or in occupied territory,
murder or ill-treatment of prisoners of war or persons on the seas, killing of
hostages, plunder of public or private property, wanton destruction of cities,
towns or villages, or devastation not justified by military necessity:

(c) Crimes against Humanity:

namely, murder, extermination, enslavement, deportation, and other

inhumane acts committed against any civilian population, before or during
the war, or persecutions on political, racial or religious grounds in execution
of or in connection with any crime within the jurisdiction of the Tribunal,
whether or not in violation of the domestic law of the country where
perpetrated ...

The Creation of an International Criminal Court The International Criminal

Court (I.C.C.) was officially established on July 1, 2002, and is located in
The Hague, The Netherlands. However, all of the world’s nations have not
ratified the Rome Statute of the I.C.C., the document outlining the purposes,
capabilities, and restrictions of the I.C.C. In fact, the United States, Russia,

10
and Japan are among the major industrialized states that have yet to ratify
this document. However, a sufficient number of nations have ratified the
Rome Statute, and in accordance with its rules, the court now officially
exists.
What are war crimes tribunals?

International war crimes tribunals are courts of law established to try

individuals accused of war crimes and crimes against humanity. Despite
the often heinous nature of the crimes that individuals commit during
intractable conflicts, including genocide, torture, and rape, it has become
common practice to offer the accused an opportunity to explain his or her
actions in front of the victims and their families, as well as the media.

11
 Development of the Geneva Convention
From 1864 to 1949

1864 - Geneva 1899 The Hague 1906 Geneva 1929 Geneva 1949 Geneva
1907 The Hague

First
Revision Revised as
Geneva Convention Revision
Geneva Convention 1

12
Hague Convention III Hague Convention X New
Application of 1864 Application of 1906 Geneva Convention I1
Geneva Convention to Maritime Waters Geneva Convention to Maritime Waters

Second Revised as
Geneva Convention Geneva Convention III

Hague Convention II Hague Conventin IV

Section 1 (Chapter iii - POWs Section 1 (Chap IV - POWs
Section III - Orders Section III - Orders

New
Geneva Convention IV
Source: Wikipedia

What are the ‘Geneva Conventions’

From Wikipedia, the free encyclopedia

The Geneva Conventions consist of four treaties formulated in Geneva,

Switzerland, that set the standards for international law for humanitarian
concerns.

They chiefly concern the treatment of non-combatants and prisoners of war.

They do not affect the use of weapons in war which are covered by the
Hague Conventions of 1899 and 1907 and the Geneva Protocol on use of
gas and biological weapons of 1925.

The Conventions were the results of efforts by Henry Dunant, who was
motivated by the horrors of war he witnessed at the Battle of Solferino in
1859. In 1977 and 2005 three separate amendments, called protocols, were
made part of the Geneva Conventions.

The adoption of the First Convention followed the foundation of the

International Committee of the Red Cross in 1863. The text is given in
the Resolutions of the Geneva International Conference, Geneva, 26-29
October 1863.

As of 2 August 2006,[1] when the Republic of Montenegro adopted the four

conventions, they have been ratified by 194 countries.

As per article 49, 50, 129 and 146 of the Geneva Conventions I, II, III and
IV, respectively, all signatory states are required to enact sufficient national
laws that make grave violations of the Geneva Conventions a punishable
criminal offense.

The conventions and their agreements

* First Geneva Convention “for the Amelioration of the Condition of

the Wounded and Sick in Armed Forces in the Field” (first adopted in
1864, last revision in 1949)

13
 * Second Geneva Convention “for the Amelioration of the Condition of
Wounded, Sick and Shipwrecked Members of Armed Forces at Sea”
(first adopted in 1949, successor of the 1907 Hague Convention X)
* Third Geneva Convention “relative to the Treatment of Prisoners of
War” (first adopted in 1929, last revision in 1949)
*Fourth Geneva Convention “relative to the Protection of Civilian
Persons in Time of War” (first adopted in 1949, based on parts of the
1907 Hague Convention IV)

In addition, there are three additional amendment protocols to the Geneva

Convention:
* Protocol I (1977): Protocol Additional to the Geneva Conventions of 12
August 1949, and relating to the Protection of Victims of International
Armed Conflicts. As of 12 January 2007 it had been ratified by 167
countries.
* Protocol II (1977): Protocol Additional to the Geneva Conventions
of 12 August 1949, and relating to the Protection of Victims of Non-
International Armed Conflicts. As of 12 January 2007 it had been
ratified by 163 countries.
* Protocol III (2005): Protocol Additional to the Geneva Conventions
of 12 August 1949, and relating to the Adoption of an Additional
Distinctive Emblem. As of 12 January 2007 it had been ratified by
nine countries and signed but not yet ratified by an additional 75
countries.

All four conventions were last revised and ratified in 1949, based on previous
revisions and partly on some of the 1907 Hague Conventions; the whole set
is referred to as the “Geneva Conventions of 1949” or simply the “Geneva
Conventions”. Later conferences have added provisions prohibiting certain
methods of warfare and addressing issues of civil wars. Nearly all 200
countries of the world are “signatory” nations, in that they have ratified
these conventions.
Clara Barton was instrumental in campaigning for the ratification of the First
Geneva Convention by the United States; the U.S. signed in 1882. By the
Fourth Geneva Convention some 47 nations had ratified the agreements.

14
Tun Mahathir’s definition of war crimes
Tun Mahathir argued in his speech during “Expose war crimes – criminalize
war” conference and exhibition on February 5th 2007 that conventions such
as the Geneva Convention did not identify war crimes inadequately to cover
the crimes of the warmongers, “the wars they wage and the brutalities they
commit or cause to commit during the war,”

He added that the best jurists in the world must be assembled to draft laws
making warring criminal, making sanctions criminal, the use or production
of depleted uranium in weapons and other WMD as criminal.

The punishments for these crimes must be spelled out in as great a detail as
possible he urged.

He said the enforcement of the findings and the enforcers should be

identified. “They will not be Government’s until the big powers learn to
respect international laws,”

And he mentioned the most important aspect of the type of tribunal that
he believe would do justice to the people when he mentioned that “the
people as represented by various organisations and NGOs will carry out the
punishment,” against the warmongers.

Tun Mahathir also suggested that “Laws, the concept of law and punishment,
the jurisdiction of laws change with the times. Now certain nations enforce
their laws extra-territorially. The U.S. invaded Panama to capture Noriega
and to bring him before a U.S. court for trial and punishment under U.S.
laws.

“Clearly concepts of laws, justice and jurisdiction of national laws have

changed. It is proper therefore for laws to be enacted not by the Government
but by people and organisations in the case of criminalising war.

“The jurists should have no qualms about the unorthodox laws they should
draft or the kind of punishment they should prescribe. In a world where
powerful countries can decide on regime change for other countries, the
laws that are designed to criminalise wars are no more unusual than the
regime change laws, the laws to legitimise the attacks against Afghanistan
and Iraq, the extra-territorial laws,” he said.
15
In essence the former Prime Minister is calling for a new type of justice
system that will not be based purely on the United Nations or the Geneva
Conventions laws and principles since these has been violated by the sole
super power of the word.

He believe the new type of laws, the new permanent public tribunal for war
crimes based on the new definition of war crimes will be “as legitimate as
can be” and they will be known as “the laws of the people.”

Basically, the KLWCT will invite international jurists of repute to study,

discuss and decide the form the Tribunal should take, to propose the laws
and the jurisdiction and other related matters.

And the Tribunal should be tasked with trying in absentia if necessary the
war criminals as identified by the victims and the peoples of the countries
which have suffered from the attacks ordered by the leaders of the countries
identified.

16
The Tribunal

A Plan of Action
To ensure the smooth running of such a public tribunal and to guarantee its
credibility, there is the need to broaden the range of acceptance of this idea of
a People’s War Crime Tribunal. The nations that are weary of the massacres
that have been perpetrated by the Allied forces in Afghanistan, Iraq and
recently in Somalia and Lebanon will have to come to a compromise.

Tun Mahathir exposed some of his ideas and the need to propagate the
workings of the KLWCT. He said there was the need to build a base for
spreading the word, the idea that wars are crimes against humanity. He also
mentioned that those who resort to wars in furtherance of their ideology
or agenda are common criminals and must be labeled as such and be
punished.

The whole aim of this tribunal is send the message that war is a crime and
that peace must be established in order for the humans to be called civilized.
According to Tun Mahathir, the first move in the struggle for peace is to
ensure that people know the truth about war, about the dangers which even
the attackers and the victors would be exposed to.

Since the world media outlets are owned and controlled by warring nations,
the majority of which would support wars and find or invent excuses for
wars or would lie to encourage wars, said Mahathir, the people has to have
their own means of contact and communication, its own network to counter
the war propaganda machines and their lies.

“We have to build a base for spreading the word, the idea that wars are
crimes against humanity, that those who resort to wars in furtherance of
their ideology or agenda are common criminals and must be labelled as
such and punished,” he said.

Tun proposed the establishment of:

a. worldwide network of Non-Governmental Organisations (NGOs)
for peace,
b. to encourage peace activists everywhere, to talk peace and the
17
 criminalisation of war,
c. to physically obstruct war and the preparations for war,
d. to condemn the military industrial complex,
e. to do everything possible to gain support for the movement to make
war a crime in the statute books of the international community.

The former Prime Minister also suggested that in the countries where
Governments are elected the anti-war activists and supporters must
campaign in favour of candidates who renounce war. He pointed out that
such campaigns are especially important in the militarily powerful countries.
We must make sure that only anti-war candidates get support for Presidency
and Prime Ministership, and for all legislative bodies.

“We must ignore other attributes or promises made by the candidates and
single-mindedly and solidly support anti-war candidates.” is his call to the
voters.

Mentioning anti-war activists he said that they may be a minority but they
have shown a small minority in the United States can actually determine
that only candidates endorsed by them would be elected.

“Only if the leaders elected are pacifists and subscribe to our creed will
there be peace in this world; will the criminalisation of war be possible.
It may take a long time. Rome they say was not built in a day. Creating a
world free of war, a world where the rule of law govern the behaviour of
nations, where the weak and the strong can co-exist may not take as long as
it took to build Rome. But it would still take considerable time,”
The War Crimes Tribunal he insisted is intended to make people understand
the horrors of war, the killings and the brutality. And understanding what
war is capable of doing to us, and more so in the future, hopefully would
galvanise us into taking action.
And it is this action that Tun Mahathir was focusing upon when he called on
the people to work out strategies and to act to sustain the campaign against
war for as long as it takes.
“What we are trying to do is honourable and noble. Civilisation would be
more meaningful if war, killings and destruction is no longer an accepted
option in solving disputes between nations. Until war is criminalised we
would not be truly civilized.” he said
18
He suggested the creation of a permanent tribunal which will be:
I. recognised by the victims of aggression and right-minded people
and
II. empowered by them to hear the charges levelled at the warmongers,
the leaders and Governments of aggressor nations,
III. to determine their innocence or guilt and to prescribe
punishment.
About the tribunal, he suggested that:
IV. it must be made up of respected international jurists who would
have no personal or national interest in the matters referred to
them,
V. whose judgement must be based on evidence and not sentiment.

19
The Execution of Justice
The interesting part in the concretization of the idea of a public or people’s tribunal
against war crimes committed by people of the like of George W. Bush and Tony
Blair and their lackeys would be the deliverance of the justice decided by
the people’s tribunal. In that case we are talking of the eventual successful
implementation of the KLWCT which is still in its infancy but is gathering
momentum.
Tun Mahathir conceded that the Tribunal he is setting up will have no power
of enforcing its punishment meted to the war criminals since the people
the Tribunal would judge may be too powerful. He urged the people to
decide on the ways for the judgment and the punishment to be served to the
accused who would be condemned by the KLWCT.

We should find ways and forms of punishments that are within our capacity
until such time when the International Community respects and upholds the
jurisdiction of the Tribunal he added. Some of the ways he suggests are as
follows:

a. Trial in absentia

We are seeing today examples of the form of punishment that can be

meted out. Bush and Blair are now totally reviled and condemned by
the world and by their own people. To a certain extent they have been
tried and sentenced by their own people and media. It was a trial in
absentia. The Tribunal that we set up can conduct a proper trial even if
the accused are not present. A respectable and totally impartial Tribunal
applying recognised laws will surely find its findings respected by the
world just as the world respects the Nobel Laureates for example.

b. Labeling the criminals

As to the punishment, these people if found guilty should be labelled

“War Criminal” by everyone. Today we see countries enacting laws to
punish crimes or wrong-doings perpetrated in other countries, enacting
extra-territorial laws. We may not be able to get Governments of
countries to enact laws to label the War Criminals. But the NGO’s, the
sympathetic media can append the label “War Criminal” whenever their
names are mentioned.

20
c. Campaigns by NGO’s

People and the NGO’s for peace should make these War Criminals feel
unwelcome wherever they go. They should be literally hounded. They
should have full frontal and profile pictures put up everywhere as war
criminals. And historians should always refer to them as War Criminals
in history books.

d. Crimes against humanity

All leaders, especially leaders of powerful nations hope to be remembered,

to go down in history as great men, to be identified with great deeds. War
criminals tried and found guilty by the Tribunal should be remembered
for the crimes against humanity, for the people they kill, the destruction
they wrought. They should be labelled as such and mentioned in history
books as war criminals, always and forever.

e. Name them as they deserve

They should be accorded the names they deserve for the evil deeds they
had committed. Prime Minister Blair regretted the hanging of Saddam
Hussein but at the same time, reminded people not to forget that Saddam
was the Butcher of Baghdad. What is Blair if not the Co-Murderer of
500,000 Iraqi children and the liar who told the British that Saddam had
WMD which could be launched against Britain within 45 minutes.

f. Killer of Children

History should remember Blair and Bush as the Killer of Children or

as the Lying Prime Minister and President. What Blair and Bush had
done is worse than what Saddam had done. We should not hang Blair if
the Tribunal finds him guilty but he should always carry the label War
Criminal, Killer of Children, Liar. And so should Bush and the pocket
Bush of the bushlands of Australia (meaning John Howard).

The former Prime Minister also suggested that in the countries where
Governments are elected the anti-war activists and supporters must campaign
in favour of candidates who renounce war.

He pointed out that such campaigns are especially important in the militarily
powerful countries. We must make sure that only anti-war candidates
get support for Presidency and Prime Ministership, and for all legislative
bodies.
21
22
23
“We should find ways and forms of punishments that
are within our capacity until such time when the
International Community respects and upholds the
jurisdiction of the Tribunal” said Tun Mahathir

24
Iraqi Children suffers
malnutrition
International aid efforts and the U.N.
oil-for-food program helped reduce the
ruinous impact of sanctions, and the
rate of acute malnutrition among the
youngest Iraqis gradually dropped from
a peak of 11 percent in 1996 to 4 percent
in 2002. But the invasion in March
2003 and the widespread looting in its
aftermath severely damaged the basic
structures of governance in Iraq, and
persistent violence across the country
slowed the pace of reconstruction
almost to a halt.
25
The sad face of Iraq
They saw the worst of American
occupation of their land. They also
saw the death of their parents and
siblings. America and its regime
is responsible for these deaths.
There UN has closed an eye on
the massacres commited by the
American soldiers. The Ameri-
cans are denying the crimes, call-
ing the atrocities the casualties of
war or inevitable collateral dam-
ages.
Oil gains for the West
The Americans, British and other western oil companies will soon reg-
ister windfall gains with their exploitation of Iraqi oil. The new Iraqi
regime in Baghdad has been forced to agree on an oil for security deal
that will allow Western companies to benefit from Iraq’s vast oil re-
serves while the regime gets military protection from the mercenaries
of the ‘coalition of the willing’.

26
Muslims are forced to defend themselves...at all cost. This is the result
of the massive war aginst terrosism.

Note: All the photos and cartoons or graphics were taken from the Internet

27
Dick Cheney, Vice President of the US is behind the entire scheme for the
exploitation of Iraqi oil. He is known as the leader of the Neo-Conserva-
tive movement in the US. The Neo-Cons as they are called are extremist
capitalist and they believe in a new century for America. In this century
they intend to ‘capture’ the world resources and dominate Muslim lands
as they see the Muslims as their number one enemy. Islam they say is a
plague that can be eradicated hence their outright murderous campaign
in Afghanistan, Iraq, Palestine and Somalia. Soon they will target other
lands that has oil, gold and gas or other resources. Are we seeing the
return of the days of slavery? The Neo-cons defends slavery as a war
necessity!

28
There is no let up in the anti-war campaign. Yet more needs to
be done to end the Iraq and Afghan wars.

29
“In the countries where Governments are elected
the anti-war activists and supporters must
campaign in favour of candidates who renounce
war.
Such campaigns are especially important in the
militarily powerful countries. We must make sure
that only anti-war candidates get support for
Presidency and Prime Ministership, and for all
legislative bodies.”

30
 The struggle against oppression
and war crimes by Israel

Photograph of a Palestinian boy shown here standing firm against the Israeli
army in Gaza. This image shows the determination and the will of the oppressed
people to fight the gross injustice of Israel’s occupation of Palestine.

31
 The Iraq War

Establishing the crimes committed

by the US
In the speech delivered by Tun Mahathir during the forum that preceded
the opening of the KLWCT, the former Prime Minster said “war is about
killing people. Killing people as we all know is regarded as a crime in any
human society claiming to be civilised. Even if the killing is justified, it
would still be wrong, it would still be a crime, it would still be murder. No
one may take the law into his own hands and execute a person even if he is
a murderer. That is how strongly we feel about taking someone’s life,”

“Yet civilised human society, including and above all those which claim
to be the most civilised and advanced regard the killing of people in war
as legitimate. There is a terrible contradiction here. It cannot be that the
massive killing of people in war is legitimate and morally right, when the
killing of an individual however justified is considered wrong. Either both
are right or both are wrong. If we regard the mass killing of people in war as
right then the murder of individuals within society must also be right. But
we would be horrified if any human society would consider murder as right.
Every human society boasting to be civilised would consider murder as a
crime, a crime so serious as to warrant the highest penalty. How then can
the same society consider indiscriminate mass killings of innocent people,
children, old people, sick people and invalids by the hundreds and thousands
and millions even, as right, proper and legitimate,” said Tun Mahathir.

The Iraq war was unjustified from the very first moment the George W.
Bush administration decided to invade the Muslim country. It was a war
based on fallacies and it did not get the sacrosanct sanctioning of the UN to
begin with. Washington started a war that should be categorized as a crime
if we relate it to the definition of war crimes according to the ICC.

The Iraq war is illegitimate, illegal and is a crime. It was an outrageous

attack by a UN member state against another UN member states which
make it a violation of the Charter of the UN itself. The Iraq war started by
Washington is a war that has violated all the rules of engagements in the
world of warfare. It resembled more to the acts of a team of mercenaries
attacking a sovereign nation while the rest of the world could do nothing
32
about it.

But who has the right to establish the principles of war crimes in the case
of the Iraq war that the US started? The ICC has washed its hands off the
issue while the UN is treating the occupation of the US as sign of stability in
the destroyed nation. The KLWTC feels otherwise and it has put on record
its desire to establish the crimes committed by the Western leaders in the
Iraq war and would surely pursue the prosecution of the same leaders in the
future.

Bush, Blair, Howard were formally charged and sentenced for major war
crimes by The Peoples Court of Christchurch in Australia in 2004. They
were also charged and sentenced by an Egyptian, Philippines and a host of
other such public or peoples courts across the world. Yet they are still free to
visit all those countries without any arrest warrants delivered to them. This
makes them bolder and untouchable.

On 7th February, 2007 the Kuala Lumpur War Crime Commission chaired
by Tun Dr Mahathir Mohamad heard nine charges against US President
George Bush, British Prime Minister Tony Blair as well as Australian Prime
Minister John Howard for the sufferings of the people in Iraq, Lebanon and
Palestine. There were no representatives from Afghanistan where the US
and the Nato are reigning supreme.

The charges against the US and its allies were presented by a legal counsel
on behalf of the war crimes victims, Barrister (Inner Temple) & Advocate
& Solicitor High Court of Malaya, Matthias Chang before Dr Mahathir and
the other five commission members at the last day of the three-day war
crimes conference.

Chang said Bush, Blair and Howard through a deliberate plan of deception,
falsehood, forgery and outright lies misled their respective Congress and
Parliament to wage war against Iraq which was a “crime against peace,”

Most of the people’s tribunals heard the same accusations against the trio,
though at times instead of Howard, Ariel Sharon the former Premier of
Israel was included.

What is different from the Kuala Lumpur War Crimes Commission and
the previous people’s war crimes courts is the processes of the war crimes
tribunal and the method it will use to ‘confer’ the tag of criminal against

33
Bush, Blair and Howard.

In the past, the crowd will listen to the speeches by the victims or by the
prosecutors of the public courts where the war criminals are to be judged
in absentia. The crowd will participate in the debate and the judges will
condemn the leaders like Bush, Blair and Howard as war criminals. At the
end, the judgment remains within the court, which is a court that does not
have the power to confer the judgment to the leaders in question.

The KLWCT intend to make it different and this is one significant point
that is going to be crucial in the delivering of the justice against the leaders
found guilty by this new form of war crime court. It must be noted that the
KLWCT has been successful in grabbing the attention of the ICC itself and
of the UN, probably because it had Tun Mahathir as the Chairman of the
courts proceeding and also due to the arguments that were floating during
the proceedings at the Putra World Trade Center (PWTC).

Among the charges brought against the trio, the most significant is the charge
regarding the lies they put forward to mislead their respective Congress and
Parliaments to wage war against Iraq in 2003, which was a “crime against
peace.”

Bush-Blair-Howard remains the main actors in a terrible war against Islam,

a war that the West crafted right after the collapse of communism in Russia.
After the fall of the wall of the wall of Berlin, it was clear that the Muslims
will be targeted as the next opponent to American democracy and capitalism.

The peak of the war against Islam came with the arrival of George W. Bush
as President of the US thanks to a superb trick that allowed him to win
despite losing to Al-Gore in numbers and percentages in national votes.

The KL war crimes commission has also heard charges against them
for ordering the destruction of vital facilities essential to civilian lives
in Iraq, Lebanon and Palestine while the fourth one for the bombing of
schools, hospitals, mosques, churches, residential areas, historical sites and
conveniently labeling the destruction as “collateral damage”.

Dr Mahathir said the commission was to respond to several petition of war

crime victims and investigate into their complaints.

34
“We appreciate there are other tribunals but there are so many complaints,
the other tribunals perhaps are not being able to hear the complaint. We feel
there is a need for the setting up this tribunal (Kuala Lumpur War Crimes
Tribunal) and give an opportunity for those war crimes victims to voice out
their complaints and to seek redress,” he said.

The commission would investigate complaints of war crimes and thereafter

to submit and report to the tribunal that would be set up, which are still at a
protem stage. Another interesting part will be the investigation – though it
is obvious that sufficient proof exist as was displayed during the concurrent
exhibition held at the PWTC.

35
 Can the ICC charge Bush & Blair
In a press statement following the establishment of the
KLWCT, the ICC said that George W. Bush and Tony Blair
could face the prospect of an ICC investigation for alleged
coalition war crimes in Iraq. This was said by the court’s chief
prosecutor to the international press in March, 2007.

The prospects of the ICC finding a reason to drag the two

most powerful men on Earth to face its retribution have
galvanized the idea that the KLWCT has made an impact on
the international community.

Luis Moreno-Ocampo urged Arab countries, particularly Iraq,

to sign up to the court to enable allegations against the West
to be pursued.
Iraq’s ambassador to the United Nations said that his country was actively
considering signing up. However, Iraq’s government stayed numb on the
idea since it did not make any real move to join the ICC. It surely fears
retribution for its own alleged crimes since it took power after the US
invasion of Iraq.

America has refused to accept the court’s jurisdiction and is unlikely to

hand over any of its citizens to face trial. However, Britain has signed up
and the Government has indicated its willingness to tackle accusations of
war crimes against a number of British soldiers. Both the US and Britain are
shielding their soldiers from the possibility of being dragged to the ICC for
war crimes. Their actions in wars from Vietnam to Iraq have been classified
as those of mercenaries acting upon the orders of war criminals. There
have been massive killings in the war zones, killing of unarmed soldiers,
escaping civilians and most of all, children and babies similar to the actions
of the US soldiers in Fallujah, Iraq.

Mr Moreno-Ocampo said it was frustrating that the court was viewed in

the Arab world as biased in favour of the West. In fact, the court is simply
viewed as biased in the entire Islamic world. It recently accused Sudan of
criminal acts in Darfur, a region that has been classified by Muslim NGO’s
as under the control of the Sudanese government.

36
The court’s chief prosecutor told The Sunday Telegraph that he would be
willing to launch an inquiry and could envisage a scenario in which the
Prime Minister and American President George W Bush could one day face
charges at The Hague.

The ICC is also seen as having breached the sovereignty of Sudan when
it referred to the Darfur issue since it was pressed by Western capitals to
issue condemnations against Khartoum. Biased and unfounded, the ICC
lost credibility a long time ago and it is a bit too late for its chiefs to claim
credibility in the face of mounting criticism world wide against western war
bullies.

The ICC is limited by the fact that it has to have the agreement of the
countries before it decides to bring any of its leaders to face the dock and to
answer charges raised against them. Something which sounds farfetched for
people in the Islamic world since no thieves from the western world would
want to come to court by their own good will.

Some Muslim countries have criticized what they claim is the court’s
reluctance to address offences committed by western governments.

Sudan, which has been investigated over the alleged killing of civilians
in Darfur, has called for the court to investigate coalition actions in Iraq,
while Tun Mahathir has announced plans to set up an alternative war crimes
tribunal to hear complaints against countries including Britain, Israel and
America.

The court is restricted in what it can investigate. The UN Security Council

can ask it to act - as in the case of Darfur - or the court can launch an
investigation if it receives a complaint from a state which is party to the
Rome agreement that established it. It can also look into alleged offences
carried out by, or on the territory of, a party to the agreement.

Mahathir has proposed that the KLWTC tries the accused in absentia, which
is something the ICC is yet to be able to do since its strings are obviously
being pulled from western capitals.

Mr Moreno-Ocampo said it was still possible for an investigation to

be launched into coalition actions in Iraq if that country signed up.
In the case of Iraq, it simply means that Iraq must sign up and then
only the Iraqi people or government can put forward claims of war

37
crimes against the coalition forces in Iraq. Human rights groups in
the western world believe there is little chance of this happening.

The court is currently prosecuting cases against the Lords Resistance

Army in Uganda, a militia leader in the Democratic Republic of Congo
and a number of individuals alleged to have been involved in the conflict
in Darfur, all non-Western nations. It gives the impression that the ICC is
biased and will never entertain claims of such crimes any western regimes.

EU – US deal on ICC
European Union member states will be allowed to strike deals with the
United States, giving American troops limited immunity from prosecution
by the International Criminal Court (ICC).

Such deals will be permitted provided certain conditions are met, such as
granting immunity to diplomats and soldiers only.

European states will also want a guarantee that Americans accused of war
crimes and crimes against humanity will be dealt with by American courts.

The decision was announced after a meeting of EU foreign ministers in

Brussels on Monday.

Twelve countries have already signed deals promising not to hand over
US citizens on their territory to the Court. The US withdrew its signature
from the ICC treaty last May (2006), saying it feared politically-motivated
trials.
The views of Prof Dr Shad Saleem Faruqi (UiTM)

By far and large international law on genocide, crimes against humanity,

war crimes and wars of aggression are applied selectively and in a racist and
colonial fashion. Except for the mass murders in Nazi Germany and former
Yugoslavia, no other crime perpetrated by Europeans and Americans has ever
been prosecuted in international courts. European, American and Australian
colonisers have committed genocide on four continents. The United States
has bombed 28 countries since World War II. Europe and America are
complicit in the genocide that is raging unhindered in Palestine, Gaza
and Lebanon. No bells toll for the victims of mass murders in Hiroshima,
Nagasaki, Vietnam, Kampuchea, Laos, Afghanistan, Palestine, Lebanon,
Chechnya, Chile, Argentina and Nicaragua. No one has been prosecuted.
38
The KL War Crimes Commission and Tribunal will, on the other hand,
provide a forum to all, irrespective of race, religion or nationality, who are
victims of mass crimes to make their case before the Commission and the
Tribunal.

Admittedly, the KLWCT suffers from many limitations. But many

distinguished jurists from around the world believe that it can make a
significant impact.

It can mobilise the conscience of the world community.

It can report its findings to the General Assembly of the United Nations with
a view to a “Uniting for Peace Resolution”.

It can submit its findings to the ICC to enable the ICC to wake up from its
stupor.

It can transmit the report of its deliberations to the 104 countries that
have ratified the Rome statute. Some of these states like Germany and
Belgium have laws that permit prosecutions for genocide and for crimes
against humanity no matter where the offence was alleged to have been
committed.

Finally, the KL War Crimes Tribunal can refer its findings to many peace
loving groups in the USA and elsewhere and request them to exert democratic
pressures on their leaders to end this senseless slaughter of the innocents.

In a talking point program on the BBC radio this year, the responses by
citizens from Europe and the US leaves a lot to ponder upon. We publish
here some of the views expressed by the individuals who participated in
the debate on the issue of the ICC and its rights to put American or British
leaders on trial.
The deeper subtext to this debate is whether the United States
believes that its own laws should be subordinated to international
ones. In Europe we are used to this concept, recognising that
no serious progress can be made without harmonisation of the
rules by which nations and societies are bound. I have heard
that the US constitution expressly forbids the state’s powers to
be handed over to a ‘foreign’ jurisdiction. If we are to make
progress on a global level, the US constitution will inevitably

39
have to be amended. The ‘global’ interest cannot be perceived
as ‘foreign’ to any particular country’s interests.
Nick Fraser, Germany
If the ICC can grant immunity to US diplomats and soldiers
then why not Yugoslavian diplomats and soldiers? We may as
well send Slobodan Mylosovic home to face trial in Yugoslavia.
Is the International Criminal Court really an ICC if concessions
are given to individual nations? It has become very clear that
the USA now considers itself in isolation, both in act and in
rhetoric. Situations such as this do little to cement relationships
between the USA and the rest of the world. America needs to
be a player on the big team rather than a dictatorial bully in the
international arena. I see a complete split coming between the
UN and the USA.
David, Denmark
A glance at the proposals put forward for the election of Judges
to the ICC shows that it would be near impossible for the court
to be abused politicaly. The argument has little substance. If we
are to eventually live in a free and fair world, then institutions
like the ICC must be encouraged and the west, which still seems
to think itself supirer to other nations must learn to understand
that they are amoung equals and International Law applies to
them as well as to their neighbours.
David Bourne, United Kingdom

Of course making exceptions of immunity for citizens of a

particular state hampers the credibility and effectiveness of the
ICC. It is possible to understand though why the US would like
to get such immunity, being unwilling to “sacrifice its judicial
sovereignty to an international body that does not recognize
principles established by our constitution (William, USA)”,
forgetting that the US constitution is no sacred guideline for
the rest of the world. It is also easy to see why countries that
want to become mebers of NATO such as Rumania, and a state
heavily relying on US support such as Israel would be prepared
to sign a bilateral agreement with the US. What is very hard
to understand is why the United Kingdom, Spain and Italy
wouldwant to make this exception for US citizens and sign a
bilateral agreement. Frans, Netherlands
40
If the US sacrificed its sovereignty to the ICC, the court would
become nothing but a political tool for discontents. The proof is
inherent in the “talking point” responses from persons who are
not US citizens. I praise our president for standing tall on this
now purely political matter.
RCB,USA

America, who was at the front line for demanding a criminal

court for Bosnia and after WWII now wants to have nothing to do
with such things. America has, and will continue to believe, that
it and it alone is an exception to all the rules. I admire what they
have done in terms of their own economic and military success,
but they still believe they’re “above” the rest of the world. They
have no qualms about imposing their values on others, but are
the first to stand up and react whenever someone seeks to impose
their values on them.
David Hill, Canada

I think the Bush administration’s resistance to the ICC is shameful.

It would not have been possible had Clinton signed earlier and
sent the treaty to the Senate for ratification. Many of my fellow
Americans are still fuzzy about the ICC, but those informed are
almost unanimous in our support for it and shamefaced over
Bush’s attitude. The EU should resist any immunity deals with
the US and, if Bush tries to “unsign” the treaty, bring formal
UN Charter violation charges before the International Court of
Justice at The Hague.
Michael Westmoreland-White, USA

Yes it can technically work, yet it loses its meaning if the US does
not sign up, being the most powerful country at the moment. No
compromise should be made for the US. They should abide or
stay out, and be pressured to join according to the regulations
set for every nation. The US will do anything to preserve its
international interests, just as they refuse to sign the agreement
of mines and chemical weapons.
Pieter, UK/Belgium
Courtesy BBC.co.uk website.
41
The Kuala Lumpur War Crimes Tribunal

The 9 charges against Bush and Blair

The charges against the US and its allies were presented by the legal counsel
on behalf of the war crime victims, Matthias Chang, before Dr Mahathir
and the other five commission members at the final day of the three-day war
crimes conference organised by the Perdana Global Peace Conference.

Chang said Bush, Blair and Howard, through a deliberate plan of deception,
falsehood, forgery and outright lies, misled their respective Congress and
Parliament to wage war against Iraq which was a “crime against peace.”

The trio were also being charged for embarking on a systematic campaign to
destroy Iraq, Lebanon and Palestine economically and militarily, he said.

He said the third charge against them was for ordering the destruction of
vital facilities essential to civilian lives in Iraq, Lebanon and Palestine
while the fourth was for the bombing of schools, hospitals, mosques,
churches, residential areas and historical sites and conveniently labelling
the destruction as “collateral damage”.

The three leaders were also charged with allowing the use of weapons of
mass destruction that inflicted indiscriminate death and suffering against
civilian targets such as the cluster bomb, napalm bomb, phosporous bomb
and depleted uranium ammunition, said Chang.

The sixth charge said that Bush, Blair and Howard have fraudulently
manipulated the United Nations and the Security Council as well as
corrupting its members to commit crimes against peace and war times, he
said.

Through the aforesaid conduct, Chang said the three had destroyed the
environment of Iraq, Lebanon and Palestine.

The eighth charge was that Bush, Blair and Howard ordered and condoned
the violation of human rights, specifically the civilians in the Abu Ghraib
prison in Iraq, Guantanamo Bay in Cuba as well as other prisons known and
unknown in Iraq, Lebanon, Palestine and anywhere else in the world.

42
The last charge spelled out that Bush, Blair and Howard systematically
controlled and manipulated, directed and misinformed the mass media so
as to incite war to achieve their military objectives in Iraq, Lebanon and
Palestine.

The commission would investigate complaints of war crimes and thereafter

to submit and report to the tribunal that would be set up, which are still at
the pro tem stage.
Source: Bernama

43
 Ramsay Clarke’s report
to the International War Crimes Tribunal

A report on United States War Crimes against Iraq

Report to the Commission of Inquiry for the International War

Crimes Tribunal

By Maisonneuve Press, 1992

Initial Complaint

Charging

George Bush, J. Danforth Quayle, James Baker, Richard Cheney, William

Webster, Colin Powell, Norman Schwarzkopf and Others to be named

With

Crimes Against Peace, War Crimes, Crimes Against Humanity and Other
Criminal Acts and High Crimes in Violation of the Charter of the United
Nations, International Law, the Constitution of the United States and Laws
made in Pursuance Thereof.

In the fact sheet of Clark’s report to the tribunal, it is stated that when
the Iraqi government nationalized the Iraqi Petroleum Company in 1972,
the Nixon Administration embarked on a campaign to destabilize the
Iraqi government. It was in the 1970s that the U.S. first armed and then
abandoned the Kurdish people, costing tens of thousands of Kurdish lives.
The U.S. manipulated the Kurds through CIA and other agencies to attack
Iraq, intending to harass Iraq.

The U.S., sometimes alone among nations, supported Israel when it defied
scores of UN resolutions concerning Palestinian rights, when it invaded
Lebanon in a war which took tens of thousands of lives, and during its
continuing occupation of southern Lebanon, the Golan Heights, the
WestBank and Gaza.
44
The United States itself engaged in aggressions in violation of international
law by invading Grenada in 1983, bombing Tripoli and Benghazi in Libya
in 1986, financing the contra in Nicaragua, UNITA in southern Africa and
supporting military dictatorships in Liberia, Chile, E1 Salvador, Guatemala,
the Philippines, and many other places.

The U.S. invasion of Panama in December 1989 involved the same and
additional violations of international law that apply to Iraq’s invasion of
Kuwait. The U.S. invasion took between 1,000 and 4,000 Panamanian
lives. The United States government is still covering up the death toll.
U.S. aggression caused massive property destruction throughout Panama.
According to U.S. and international human rights organization estimates,
Kuwait’s casualties from Iraq’s invasion and the ensuing months of
occupation were in the “hundreds”-between 300 and 600.4 Reports from
Kuwait list 628 Palestinians killed by Kuwaiti death squads since the Sabah
royal family regained control over Kuwait.

The United States changed its military plans for protecting its control over
oil and other interests in the Arabian Peninsula in the late 1980s when it
became clear that economic problems in the USSR were debilitating its
military capacity and Soviet forces withdrew from Afghanistan. Thereafter,
direct military domination within the region became the U.S. strategy.

With the decline in U.S. oil production through 1989, experts predicted U.S.
oil imports from the Gulf would rise from 10% that year to 25% by the year
2000. Japanese and European dependency is much greater.

The Charges

1. The United States engaged in a pattern of conduct beginning in or before

1989 intended to lead Iraq into provocations justifying U.S. military action
against Iraq and permanent U.S. military domination of the Gulf

This course of conduct of the US in the Middle East in 1991 constitutes a

crime against peace.

2. President Bush from August 2, 1990, intended and acted to prevent any
negotiations with the Iraqi regime.

45
Without consultation or communication with Congress, President Bush
ordered 40,000 U.S. military personnel to advance the U.S. buildup in Saudi
Arabia in the first week of August 1990.

President Bush coerced the United Nations Security Council into an

unprecedented series of resolutions, finally securing authority for any nation
in its absolute discretion by all necessary means to enforce the resolutions.
To secure votes the U.S. paid multi-billion dollar bribes, offered arms for
regional wars, threatened and carried out economic retaliation, forgave
multi-billion dollar loans (including a $7 billion loan to Egypt for arms),
offered diplomatic relations despite human rights violations and in other
ways corruptly exacted votes, creating the appearance of near universal
international approval of U.S. policies toward Iraq. A country which
opposed the U.S., as Yemen did, lost millions of dollars in aid, as promised,
the costliest vote it ever cast.

President Bush consistently rejected and ridiculed Iraq’s efforts to negotiate

a peaceful resolution, beginning with Iraq’s August 12, 1990, proposal,
largely ignored, and ending with its mid-February 1991 peace offer which
he called a “cruel hoax.” For his part, President Bush consistently insisted
there would be no negotiation, no compromise, no face saving, no reward
for aggression. Simultaneously, he accused Saddam Hussein of rejecting
diplomatic solutions.

President Bush led a sophisticated campaign to demonize Saddam Hussein,

calling him a Hitler, repeatedly citing reports-which he knew were false-of
the murder of hundreds of incubator babies, accusing Iraq of using chemical
weapons on his own people and on the Iranians knowing U.S. intelligence
believed the reports untrue.

After subverting every effort for peace, President Bush began the destruction
of Iraq answering his own question, “Why not wait? The world could wait
any longer..

The course of conduct constitutes a crime against peace.

46
3. President Bush ordered the destruction of facilities essential to civilian
life and economic productivity throughout Iraq.

Systematic aerial and missile bombardment of Iraq was ordered to begin

at 6:30 p.m. EST January 16, 1991, eighteen and one-half hours after the
deadline set on the insistence of President Bush, in order to be reported on
television evening news in the U.S. The bombing continued for forty-two
days. It met no resistance from Iraqi aircraft and no effective anti-aircraft or
anti-missile ground fire. Iraq was defenseless.

Only the United States could have carried out this destruction of Iraq, and
the war was conducted almost exclusively by the United States.

This conduct violated the UN Charter, the Hague and Geneva Conventions,
the Nuremberg Charter, and the laws of armed conflict.

4. The United States intentionally bombed and destroyed civilian life,

commercial and business districts, schools, hospitals, mosques, churches,
shelters, residential areas, historical sites, private vehicles and civilian
government offices.

As a result of the bombing of facilities essential to civilian life, residential

and other civilian buildings and areas, at least 125,000 men, women and
children were killed. The Red Crescent Society of Jordan estimated 113,000
civilian dead, 60% children, the week before the end of the war.

The conduct violated the UN Charter, the Hague and Geneva Conventions,
the Nuremberg Charter, and the laws of armed conflict.

5. The United States intentionally bombed indiscriminately throughout

Iraq.

In aerial attacks, including strafing, over cities, towns, the countryside and
highways, U.S. aircraft bombed and strafed indiscriminately. In every city
and town bombs fell by chance far from any conceivable target, whether a
civilian facility, military installation or military target. In the countryside
random attacks were made on travelers, villagers, even Bedouins. The
purpose of the attacks was to destroy life, property and terrorize the civilian
population. On the highways, civilian vehicles including public buses,

47
 taxicabs and passenger cars were bombed and strafed at random to frighten
One Apache civilians from flight, from seeking food or medical care, finding relatives
helicopter crew or other uses of highways. The effect was summary execution and corporal
member yelled “Say punishment indiscriminately of men, women and children, young and old,
hello to Allah” as rich and poor, all nationalities including the large immigrant populations.
he launched a laser-
guided Hellfire
The conduct violates Protocol I Additional, Article 51.4 to the Geneva
Conventions of 1977.
This is how the US
pilots murdered
100,000 Iraqis 6. The United States intentionally bombed and destroyed Iraqi military
personnel, used excessive force, killed soldiers seeking to surrender and
in disorganized individual flight, often unarmed and far from any combat
zones and randomly and wantonly killed Iraqi soldiers and destroyed
materiel after the cease fire.

Without significant risk to its own personnel, the U.S. led in the killing of at
least 100,000 Iraqi soldiers at a cost of 148 U.S. combat casualties, according
to the U.S. government. When it was determined that the civilian economy
and the military were sufficiently destroyed, the U.S. ground forces moved
into Kuwait and Iraq attacking disoriented, disorganized, fleeing Iraqi forces
wherever they could be found, killing thousands more and destroying any
equipment found. The slaughter continued after the cease fire. For example,
on March 2, 1991, U.S. 24th Division

Forces engaged in a four-hour assault against Iraqis just west of Basra.

More than 750 vehicles were destroyed; thousands were killed without U.S.
casualties. A U.S. commander said, “We really waxed them.” It was called
a ‘`Turkey Shoot.” One Apache helicopter crew member yelled “Say hello
to Allah” as he launched a laser-guided Hellfire missile.

The conduct violated the Charter of the United Nations, the Hague and
Geneva Conventions, the Nuremberg Charter, and the laws of armed
conflict.

7. The United States used prohibited weapons capable of mass destruction

and inflicting indiscriminate death and unnecessary suffering against both
military and civilian targets.

Among the known illegal weapons and illegal uses of weapons employed

48
by the United States are the following:

* fuel air explosives capable of widespread incineration and death;

* napalm;

* cluster and anti-personnel fragmentation bombs; and

* “superbombs,” 2.5 ton devices, intended for assassination of government

leaders.

These are illegal weapons killed thousands of civilians and soldiers.

The conduct violated the Hague and Geneva Conventions, the Nuremberg
Charter and the laws of armed conflict.

8. The United States intentionally attacked installations in Iraq containing

dangerous substances and forces.

The conduct violates Protocol I Additional, Article 56, to the Geneva

Convention, 1977.

9. President Bush ordered U.S. forces to invade Panama, resulting in the

deaths of 1,000 to 4,000 Panatnanians and the destruction of thousands of
private dwellings, public buildings, and commercial structures.

President Bush violated the Charter of the United Nations, the Hague and
Geneva Conventions, committed crimes against peace, war crimes and
violated the U.S. Constitution and numerous U.S. criminal statutes in
ordering and directing the assault on Panama.

10. President Bush obstructed justice and corrupted United Nations

functions as a means of securing power to commit crimes against peace and
war crimes.

The conduct violates the Charter of the United Nations and the Constitution
and laws of the United States.

11. President Bush usurped the Constitutional power of Congress as a means

49
of securing power to commit crimes against peace, war crimes, and other
high crimes.

The conduct violates the Constitution and laws of the United States, all
committed to engage in the other impeachable offenses set forth in this
Complaint.

12. The United States waged war on the environment.

The conduct violated the UN Charter, the Hague and Geneva Conventions,
the laws of armed conflict and constituted war crimes and crimes against
humanity.

13. President Bush encouraged and aided Shiite Muslims and Kurds to rebel
against the government of Iraq causing fratricidal violence, emigration,
exposure, hunger and sickness and thousands of deaths. After the rebellion
failed, the U.S. invaded and occupied parts of Iraq without authority in order
to increase division and hostility within Iraq.

The conduct violated the Charter of the United Nations, international law,
the Constitution and laws of the United States, and the laws of Iraq.

14. President Bush intentionally deprived the Iraqi people of essential

medicines, potable water, food, and other necessities.

A major component of the assault on Iraq was the systematic deprivation of

essential human needs and services. To break the will of the people, destroy
their economic capability, reduce their numbers and weaken their health,
the United States.

This conduct violates the Hague and Geneva Conventions, the Universal
Declaration of Human Rights and other covenants and constitutes a crime
against humanity.

15. The United States continued its assault on Iraq after the cease fire,
invading and occupying areas at will.

The United States has acted with dictatorial authority over Iraq and its
external relations since the end of the military conflict. It has shot and killed
50
Iraqi military personnel; destroyed aircraft and materiel at will occupy vast
areas of Iraq in the north and south and consistently threatened use of force
against Iraq.

This conduct violates the sovereignty of a nation, exceeds authority in UN

resolutions, is unauthorized by the Constitution and laws of the United
States, and constitutes war crimes.

16. The United States has violated and condoned violations of human rights,
civil liberties and the U.S. Bill of Rights in the United States, in Kuwait,
Saudi Arabia and elsewhere to achieve its purpose of military domination.

The conduct violates the Charter of the United Nations, the Universal
Declaration of Human Rights, the Hague and Geneva Conventions and the
Constitution and laws of the United States.

17. The United States, having destroyed Iraq’s economic base, demands
reparations which will permanently impoverish Iraq and threaten its people
with famine and epidemic.

The conduct violates the Charter of the United Nations and the Constitution
and laws of the United States.

18. President Bush systematically manipulated, controlled, directed,

misinformed and restricted press and media coverage to obtain constant
support in the media for his military and political goals.

This conduct violates the First Amendment to the Constitution of the United
States and is part of a pattern of conduct intended to create support for
conduct constituting crimes against peace and war crimes.

19. The United States has by force secured a permanent military presence in
the Gulf, the control of its oil resources and geopolitical domination of the
Arabian Peninsula and Gulf region.

The U.S. has committed the acts described in this complaint to create a
permanent U.S. military presence in the Persian Gulf, to dominate its oil
resources until depleted and to maintain geopolitical domination over the
51
region.

The conduct violates the Charter of the United Nations, international law,
and the Constitution and laws of the United States.

Source: Ramsey Clark May 9, 1991

American deaths is piling up but the death of civilians and

young men fighting US occupation of Iraq and Afghanistan is
also a sad part of the new colonialization US style.

52
Conclusions
We have seen how the super powers of this world have committed severe
violations of the rules and regulations set by the UN and by other bodies. We
have also read in this book of the atrocious killing of hundreds of thousands
of Iraqis, civilians or soldiers, either through wars or via UN sanctions. These
have motivated Tun Mahathir and the Perdana Global Peace Organization
to create a War Crimes Tribunal in Kuala Lumpur. Several of the victims of
the illegal war launched against Iraq by the current American administration
in Washington were present at the Putra World Trade Center (PWTC) to
expose the crimes perpetrated against them or against their nation.

Also present were people from the occupied territory of Palestine where
Israel has carried out decades of monstrous killings and the brutal elimination
of young Palestinians to serve the agenda of Zionism.

The World stood by and watched when the former Prime Minister of Israel,
Ariel Sharon, and then General of the Army attacked innocent civilians in
Chabra and Shatilla in Lebanon, killing thousands.

The World did nothing when the US attacked Iraq on the basis of a series of
lies and as Ramsay Clarke says, with the intent to steal the nation’s resources
and eliminate its leaders.

The same regime is now planning attacks against 5 more Muslim nations.
In an interview broadcasted on Democracy Now, a TV broadcast service in
the US, General Wesley Clark who is a retired four-star general in the U.S.
Army said the US had; before 911 prepared plans to attack at lest 7 Muslim
countries. The General mentioned Iraq, Syria, Lebanon, Libya, Somalia,
Sudan and Iran as the nations to be attacked by the US in 5 years time.
However, the plans seem to have gone out of kilter since the US is stuck in
a Mujahideen whack in Iraq. Could 2007 be the year of major wars in the
Middle East?

The KLWCT should be given the credibility it deserves as it should not

be seen as a noble act but as a decisive attempt to make the world realize
that these wars are only causing too much pain to our modern civilization.
Negotiation is the final solution to prevent wars while there is the need
to create more organizations that can offer conflict resolutions to such
conflicts.
53
As suggested on World Futures On Line, the webzine that is publishing
this book, the KLWCT could suggest and campaign for the adoption of
resolutions by the signatory states of the ICC to carry out the punishment
meted to people like Bush, Blair, Olmert and Howard. They should be made
persona non-grata in the countries that have adopted the ICC and they should
be caught and jailed in the event they visited these countries.

The Organization of Islamic Conference (OIC) could also take such steps
and warn the warmongers from the West not to visit OIC member states.
They should be told that the civilized world does not want them and they
will simply be arrested, jailed and shipped back to their destination.

That would deter many a warmongering leaders, who today are elected as
Presidents and Prime Ministers but are in actual fact war criminals.

Killer of Children
“History should remember Blair and Bush as the Killer of
Children or as the Lying Prime Minister and President. What
Blair and Bush had done is worse than what Saddam had
done. We should not hang Blair if the Tribunal finds him guilty
but he should always carry the label War Criminal, Killer of
Children, Liar. And so should Bush and the pocket Bush of
the bushlands of Australia (meaning John Howard).”
Speech by Tun Mahathir Mohamad during the conference
on War Crimes at the PWTC in Kuala Lumpur, February
2007.

54
Criminilizing war may be a daunting task
Malaysia’s former Prime Minister, Tun Mahathir Mohamad chaired a
conference-cum meeting of the newly launched anti-war tribunal under
the aegis of the Perdana Global Peace Organization. The organization is
campaigning for war to become a crime that is punishable by international
laws. However, the task to criminalize war is monumental and the
leaders targeted by the Kuala Lumpur War Crime Commission are almost
untouchable.

They were formally charged and sentenced for major war crimes by The
Peoples Court of Christchurch in Australia in 2004. They were also charged
and sentenced by an Egyptian, Philippines and a host of other such public
or peoples courts across the world. Yet they are still free to visit all those
countries without any arrest warrants delivered to them. This makes them
bolder and untouchable

On 7th February, 2007 the Kuala Lumpur War Crime Commission chaired
by Tun Dr Mahathir Mohamad heard nine charges against US President
George Bush, British Prime Minister Tony Blair as well as Australian Prime
Minister John Howard for the sufferings of the people in Iraq, Lebanon and
Palestine. There were no representatives from Afghanistan where the US
and the Nato are reigning supreme.

The charges against the US and its allies were presented by legal counsel on behalf
of the war crimes victims, Barrister (Inner Temple) & Advocate & Solicitor
High Court of Malaya, Matthias Chang before Dr Mahathir and the other five
commission members at the last day of the three-day war crimes conference.
Chang said Bush, Blair and Howard through a deliberate plan of deception,
falsehood, forgery and outright lies misled their respective Congress and
Parliament to wage war against Iraq which was a “crime against peace,”
Most of the people’s tribunals heard the same accusations against the trio,
though at times instead of Howard, Ariel Sharon the former Premier of
Israel was included.

What is different from the Kuala Lumpur War Crimes Commission and
the previous people’s war crimes courts is the processes of the war crimes
tribunal and the method it will use to ‘confer’ the tag of criminal against
Bush, Blair and Howard.

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The obvious suggestion is that the KL War Crimes Commission urges the
governments of the Muslim world and the friendly nations in the non-
Muslim world to put the three leaders on their list of wanted war criminals,
said one observer who visited the exhibition at the Putra World Trace Center
(PWTC).

Countries that refuse to do so will be seen as harboring criminals in the event

of a visit by Bush-Blair-Howard on their soil. Once it is made clear to the
three leaders they are wanted as war criminals in at least 57 Organization of
Islamic Conference (OIC) nations, they will not travel to these countries.
This is equivalent to a travel sanction against them.

Among the charges brought against the trio, the most significant is the charge
regarding the lies they put forward to mislead their respective Congress and
Parliaments to wage war against Iraq in 2003, which was a “crime against
peace.”

The Iraq invasion by the US and its allies Britain and Australia remains an
illegal invasion until today. No amount of resolutions at the UN will change
that. The only way to compensate the victims of the war will be formal arrest
warrants against the three and their incarcerations whenever they travel to
any of the nations that would support such warrant of arrests.

Other than that, said the observer, the trio will make a foul of the charges and
will defy the victims of their crimes by traveling to the Muslim countries
– even after they leave office – in all impunity.

“The KL war crimes commission would have served no purpose

and would have been reduced to that of the many people’s courts we
have seen since 2004,” added the observer who hails from Indonesia.
Bush-Blair-Howard remains the main actors in a terrible war against
Islam, a war that the West crafted right after the collapse of communism in
Russia. After the fall of the wall of the wall of Berlin, it was clear that the
Muslims will be targeted as the next opponent to American democracy and
capitalism.

The peak of the war against Islam came with the arrival of George W. Bush
as President of the US thanks to a superb trick that allowed him to win
despite losing to Al-Gore in numbers and percentages in national votes.

56
The KL war crimes commission has also heard charges against them
for ordering the destruction of vital facilities essential to civilian lives
in Iraq, Lebanon and Palestine while the fourth one for the bombing of
schools, hospitals, mosques, churches, residential areas, historical sites and
conveniently labeling the destruction as “collateral damage”.

Unfortunately they are not the last of the Western leaders that would be
tempted to use cluster bomb, napalm bomb, phosporous bomb, and depleted
uranium ammunition and other chemicals or heavy weaponry against
Muslims. Once Bush-Blair-Howard is out of office, it will be up to the next
American, British and Australian and now NATO leaders to ‘smoke the
Muslims out’.

Unless the KL war crimes commission is given total support by

the Muslim populace world wide, by the OIC itself and other
NGO’s across the Islamic world. Such support will mean a public
approval of the actions of the KL war crimes commission and the
total condemnation of the existing trio and the future trio to come.
Dr Mahathir said the commission was to respond to several petition of war
crime victims and investigate into their complaints.

“We appreciate there are other tribunals but there are so many complaints,
the other tribunals perhaps are not being able to hear the complaint. We feel
there is a need for the setting up this tribunal (Kuala Lumpur War Crimes
Tribunal) and give an opportunity for those war crimes victims to voice out
their complaints and to seek redress,” he said.

The commission would investigate complaints of war

crimes and thereafter to submit and report to the tribunal
that would be set up, which are still at a protem stage.
The interesting part will be the investigation – though it is obvious that
sufficient proof exist as was displayed during the concurrent exhibition held
at the PWTC.

There are no indications that the commission will invest itself

in sending the charge sheet officially to Bush-Blair-Howard. If
that is done, it will mean a step ahead in the commission’s work
and a clear warning to the criminal trio, World Futures was told.
Suggestions are that the killing of Saddam Hussein by the

57
Iraqi government should also be condemned as part of the war
crimes committed by allies of the Bush-Blair-Howard group.
Others said they hoped the exhibition on the war crimes by the US and its
allies since World War 2 should be extended for another month in order to
allow more people to see with their own eyes what the trio is capable of.

The exhibition gives a vivid imagery of the atrocities the people of

Japan, Vietnam, Iraq and Palestine went through thanks to the military
attacks their countries has been subjected to by the US and its allies.
It is a must to visit the exhibition. College and University students should be
given a chance to see with their own eyes and hear with their own ears the
terrible atrocities of the wars led by the US.

Source: www.worldfutures.info

58
Stop the War

An increasing number of people are calling for the end of the American occupation of Iraq.
This will only be achieved if there are concerted efforts by the Organization of Islamic
Conference (OIC), the Arab League (AL) and the United Nations (UN) with help from the
EU and Russia/China.

The Iraqi people has been punished enough for the US invasion of their country. It is time
to set a road map for peace in Iraq.
Extracted from www.worldfutures.info

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60
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 Kuala Lumpur War Crimes Tribunal

Justice by the People

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Explaining the war crimes tribunal as proposed by the Perdana Global

Peace Organization.

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