AT TOKYO
THE PEOPLE
Versus
GEORGE WALKER BUSH
President of the United States of America
Present: Presiding Judge Professor Osamu Niikura(Japan), Professor Dr. Asaho Mizushima(Japan), Professor Dr. R.I. Akroyd (England),Professor Peter Erlinder,(USA) Professor Ms. Niloufer Bhagwat (India).
Judgement of Professor Ms Niloufer Bhagwat J.
For the Prosecution
The Prosecution has presented a formidable Indictment against the Defendant, George Walker Bush, President of the United States and Commander -in-Chief of US military forces for serious crimes; waging a war of aggression on Afghanistan, war crimes and crimes against humanity against the Afghan people, against prisoners of war; and the use of radioactive depleted uranium weapons of mass destruction , against the people of Afghanistan; with serious fall out effects on the military personnel of the United States, UK and other forces deployed; and on countries, in and around the region.
...The Tribunal being conscious of the basic principle of jurisprudence that 'no one must be condemned unheard', that 'justice must not only be done but appear to be done'; appointed amicus curiae, a Senior counsel from Japan, to assist with the defense of the Defendant; amicus curiae entered a plea of "not guilty", on behalf of the Defendant and questioned the jurisdiction of the Tribunal as and by way of preliminary objection; the Defendant, though duly served by the Secretariat of the ICTA through the embassy of the United States in Tokyo and directly, failed to appear before the Tribunal and enter a plea.
...The International Military Tribunal at Nuremberg referring to the charge of waging a war of aggression, highlighted the gravity of this offense in the following words:
" 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".
...The defense advanced by amicus curiae is, that the military attack of 7th October 2001 ordered by the Defendant, as President of the United States and its Commander in Chief , was a ‘just war’ or a ‘bellum justum’; a war of self defense, a preventive war; in response to the terrorist attacks of al Qaeda , masterminded by Osama bin Laden, harboured by the Taliban government in Afghanistan, which had permitted terrorist camps on its territory; who were committing hostile acts against the United States of America.
...On the basis of the facts which have emerged in the public domain, of the background of Osama bin Laden and of those alleged to have perpetrated the attacks of the 11th September 2001; of which judicial notice can be taken as per rules of evidence of the ICTA statute; the core issue which confronts this Tribunal is whether those who allegedly committed the crimes of the 11 th Septermber 2001 in the United States, had any connection with Afghanistan. The relevant facts to assess the defense are:
A. As per identities of the hijackers/terrorists of 11th September disclosed by US Intelligence Agencies; 15 are citizens from Saudi Arabia; and four others are citizens of countries like Kuwait, Morocco, UAE.
...G. Osama bin Laden is not an Afghan or a religious fighter, but a wealthy billionaire; a citizen of Saudi Arabia; recruited as the Intelligence asset of the United States and other countries for many years; the pivot of the 'Arab fighters'; trained in furtherance of the military strategic interests of the government of the United States on the Pakistan/ Afghanistan border; for deployment in various regions. The bin Laden family has had extensive financial interests in the United States and Saudi Arabia, including in the Carlyle Corporation, in which the Defendant and his family also had investments.
...7. The war on Afghanistan not in conformity with the Charter of the United Nations, customary International Law and the decisions of the International Court of Justice.
...The Defendant as President of the United States and as Commander -in-Chief of the United States Armed forces, was not constitutionally empowered to declare war; the Congress under the US Constitution was not authorized to delegate to the President of the United States its constitutional power to declare war. Whereas under Article 1, Section 8, clause 11 of the Constitution of the United States, the power to declare war vests with Congress; limitations are imposed on the exercise of this power, by Article 1, Section 8, clause 15, which mandates that Congress is not authorized to "call forth the militia except to "execute the laws of the Union and to suppress insurrections and invasions". The terrorist attack of 11th September 2001 was neither an invasion or insurrection of the United States of America; Congress could not delegate what was constitutionally impermissible; prima facie the military attack on Afghanistan was an unconstitutional and illegal exercise of power by the Defendant.
...Moreover the war on Afghanistan was not justified in accordance with the Charter of the United Nations...
...11. War Crimes...
...12. Plea on behalf of the Defendant of "collateral damage" on civilians that use of weapons of mass destruction not prohibited by a specific Convention; legally untenable in view of clear rules of International Humanitarian Law for the conduct of warfare....
...13. Use of genocidal and omnicidal radioactive Depleted Uranium weapons in Afghanistan , a war crime ,genocide, and omnicide...
...14.The Use of Cluster Bombs {CBU 87 and CBU 103} & Daisy Cutters {Fuel Air Explosive} War Crimes...
...15. War Crimes committed by the Defendant on of Prisoners of War...
...17.Verdict:
I find the Defendant , George Walker Bush , President of the United States and Commander-in-Chief of United States Armed Forces guilty –
...18. Direction:
1.The Defendant is a convicted war criminal consequently unfit to hold public office; citizens, soldiers and all civil personnel of the United States would be constitutionally and otherwise, justified in withdrawing all co-operation from the Defendant and his government; and in declining to obey illegal orders of the Defendant and his administration; including military orders threatening other nations or the people of the United States on the basis of the Nuremberg Principle, that illegal orders of Superior must not be obeyed.
...19. Recommendations:
A. Immediate cessation of the use of Depleted Uranium Munitions-Moratorium on production, stockpiling and munufacture...
B. Payment of Reparations to the people of Afghanistan...
C. Revoke the Charter of the Unocal Corporation based in California...
D. To complete the Unfinished Task of the Nuremberg Trial and Far East Trials - and analyse the real reasons for the wars of the 20th and 21st Century for citizens ....
E. Assert Public/State control through legislation and autonomous bodies over Armament Industries and Major Corporations in all countries -in the interregnum prevent National Budgets from being hemorrhaged by the Military-Industrial Complex referred to by President Eisenhower- within and across nations - a major cause of wars...
F. Revise the concept of permanent membership of the Security Council not in the interest of peaceful solution of disputes, with the rotational principle; and enhance the powers of the General Assembly of the UN...
...This judgement is the result of the legal dialogue during hearings, with attorneys from Japan, the United States and Germany appearing for the Prosecution and the amicus curiae team of lawyers, who spared no effort to assist the Tribunal; and legal discussions with my colleagues , the Judges at this trial; representing different legal systems discovering principles common to all our legal systems.
...I believe that "Truth" is a weapon on the side of humanity. If truth is known tyranny and injustice will be defeated. The Tribunal has performed its Judicial task. It is now for people to ensure the implementation of this verdict.
Professor Ms Niloufer Bhagwat J.
Tokyo, 13TH March 2004
Read it all. And...
US bludgeons nations to reject war crimes court
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