To the Security Council of the United
Nations – UN
The
undersigned, citizens of several Member Countries of the UN, based on Article
28 of the Universal Declaration of Human Rights, proclaimed by United Nations
General Assembly on December 10th, 1948, according to which “everyone is entitled to a social and
international order in which the rights and liberties established in the
present Declaration can be fully achieved”; and considering that this
international order can only exist while respecting the UN decisions and
complying to its role as a peace and international security keeper as
guaranteed in Article 1, Section 1, of the Chart of the United Nations, signed
on June 26th, 1945, come respectfully to make it known to this
distinguished Security Council a list of facts so that at the end they require
what follows:
(55 11) 3266-8368 email
cebrapaz@uol.com.br
1. ON THE FACTS
I.1.
ON THE PREPARATION FOR THE WAR AGAINST
0.1. After the attacks
against the World Trade Center’s twin towers on September 11th,
2001, a fact mourned all over the world, the Bush administration started up a
systematic campaign aiming at creating in
the North-American public opinion an environment favorable to a belligerent
expedition against Iraq under the pretext that Iraq constituted a serious
threat to the USA’s security, since the country possessed chemical and
biological weapons and tried to manufacture nuclear weapons, allowing that
country to eventually launch an attack to the United States’ territory.
02. Several declarations from members of the Bush administration,
including members of the
03. In such conditions, the Bush
administration demanded Iraq to cease the supposed production of chemical,
biological and nuclear weapons that the government claimed to exist and be
produced or about to be produced in that country.
04. UN official inspections, however, systematically demonstrated that
the embargo promoted by UN against
05. The Bush administration, in its yearning to belie UN official
inspection reports, even handed over to the UN Security Council supposed
evidences of the existence of such chemical and biological weapons, including
satellite photos, evidences presented in that organization by American
Secretary of State in the occasion, Colin Powell. Nevertheless, the intrinsic
weakness of these supposed evidences was immediately ascertained by the
majority of the Member States, and the so-called “evidences” were heavily
criticized by technicians specialized in weaponry, therefore demonstrating its
insanity.
06. The continuation of UN official inspections gave a categorical
denial to those “evidences”, right after
their presentation at UN, and emptied the argument defended by
Bush’s government that the Iraqi
government was not granting
technicians access to some more compromising information, Iraqi government
systematically allowed visits to all places requested by UN inspectors,
inclusively for perceiving that this was the way to be protected against the
United States’ armed invasion.
07. The evidences divulged by the Bush administration’s immediate ally,
Tony Blair’s government, from
08. Thus, when the Bush administration brought up to UN Security Council
the issue of the taking measures resorting to armed forces by UN against Iraq,
the supposed evidences listed by him in support to that pretension had not
sufficient credibility to serve as grounds to result in a decision by the
international organization.
I.2. ON UNLEASHING THE WAR
09. The decision of UN Security Council, based on Article 27, Section 3,
from the Chart of the United Nations was, therefore, contrary to taking
measures resorting to the use of armed forces against
10. The Bush administration decided to attack
I.3. ON THE AGGRESSION AGAINST
11. The invasion of Iraq by the coalition led by Bush’s government,
whose attack began in March, 2003, made use of a military apparatus without
precedents in the history of wars, mobilizing 150 thousand soldiers, 90 percent
of whom were North-American, armed with high technology weapons, before which
the Iraq’s regular military forces were at an evident gigantic disadvantage, leading
the Iraqi government to destruction and the country’s capitulation in a few
weeks.
12. The Iraqi civilian casualties were extremely high, so much that they
led the North-American propaganda to highlight the “surgical” character and the
precision of the attack with the high technology weapons being employed,
capable of hitting the exact selected targets, what suggests that the attacks
to civil targets, more than unexpected “side effects”, as pictured by military
chiefs, in fact have been done in purpose.
13. The reiterated denouncements made by combatants, the resistance and
Iraqi civilians of tortures and mistreatments inflicted to them by the
occupation troops in Iraq were confirmed later with the presentation of movies
filmed by the soldiers themselves in charge to watch prisoners in Abu Ghraib prison, which gives credibility to
the rest of the accounts of atrocities committed by the occupation troops.
14. It is noteworthy, as well, that the USA keeps thousands of Iraqi
prisoners in several places, specially in Iraq, but also in the naval base of
Guantánamo, in Cuban territory, in Afghanistan, Pakistan, Jordan and,
inclusively, on board of North-American war ships USS Bataan and USS Peleliu under the pretext that
these prisons constitute “administrative detention centers” or “security detention centers”, places where
they are kept without being granted the right to impartial trials by their
natural judges or the right to ample defense, nor being granted the presumption of innocence, a
basic principle of modern and civilized law which the USA exalts as the central
principle of its internal criminal law,
denied to foreign combatants, a detriment
to international conventions on the subject.
15. It is also a public and well-known fact the pillage of public and
private property practiced by the occupation forces, specially against museums,
archeological sites, Iraqi monuments, what constitutes an act of vandalism
against a multimillennial history of one of the most ancient historical
civilizations, a cultural patrimony of the Iraqi people and of humanity.
I.4. ON NOT FINDING CORROBORATION, BY THE
OCCUPATION FORCES, OF THE EXISTENCE NEITHER OF CHEMICAL, BIOLOGICAL OR NUCLEAR
WEAPONS, NOR OF THE POTENCIAL TO MANUFACTURE THEM IN IRAQ, AFTER THE INVASION
OF THAT COUNTRY.
16. After more than one year of the invasion led by the Bush
administration, the occupation forces could not offer, not even remotely, any
relevant evidences or signs of the existence of the supposed chemical,
biological and nuclear weapons that Iraq’s pre-war government would possess or
be about to manufacture or acquire.
17. Therefore the only fragile justification of Bush’s government for
the armed aggression perpetrated against
2 – ON THE LAW
2.1. ON
COLLECTIVE SECURITY
18. According to Article 2, Section 4 of the Chart of the United
Nations:
"All members shall avoid, in their international relations, threats or use of force against the territorial integrity or the political independence of any States, or any other actions not compatible with the purposes of the United Nations".
19. A master of Public International Law makes a skillful comment,
reproducing, essentially, a lesson that belongs to the best international law
doctrine:
" Consequently, any use of force is prohibited, unless in two cases: self-defense, either individual or collective, or when authorized by the UN".
20. Not having been authorized by the UN, and having all the claims and
false evidences presented by the Bush administration to justify the aggression
to Iraq with the use of force in self-defense been belied, since it was
demonstrated that Iraq held neither military force nor biological, chemical or
nuclear weapons, and did not even have the conditions to manufacture them, what
became evident both by the UN inspections and by the incapacity of the
occupation forces to bring to light any facts that could prove these
accusations, it is clear that self-defense cannot be claimed in that case.
21. Therefore, the action, before the International Public Law, taken by
the Bush administration, must be considered illegal and its attack to
II.2. ON THE CRIMES AGAINST PEACE
22. In 1950, the International Law Commission, executing the
determination of the UN General Assembly, “formulated
the principles of International Law recognized by the Statute of
23. In Section 6, "a" of these principles, it was established:
“6) The crimes here announced are punishable as crimes
before the International Law;
a- Crimes against peace:
i) Planning, preparation, initiation and continuation of aggression war, or a war or violation of treaties, agreements or international guarantees”.
24. The Bush administration, as it has been already demonstrated,
initiated and continues with an aggression war against
2.3. ON WAR CRIMES
25. Furthermore, it was demonstrated, by clear facts
that do not depend on corroboration since they are public and well-known all
over the world, the practice of tortures and mistreatments to the civilian
populations and the imprisoned combatants, infringing directly the Geneva
Convention and the item 6, “b”, of the principles established by UN
International Law Commission, verbis:
B – War Crimes:
“Violation of laws and war
customs comprehending, but not
limiting to assassination, mistreatments, or deportation to hard labor or to
any other purposes, of civilian populations from/in occupied territories,
assassination or mistreatments of war prisoners, of people at the sea,
execution of hostages, pillage of public or private property, destruction of
cities, hamlets or villages without any reasons, or unjustified devastation for
military necessity”.
26. According to Article 5 of the Universal
Declaration of Human Rights:
“No one
shall be either submitted to torture or to cruel, inhuman or degrading
treatment or punishment”.
27. The Geneva Convention defines as a war crime the
application of torture to combatants, residents and civilians made prisoners in
armed conflicts.
28. In accordance with the Universal Declaration of
Human Rights, in 1984, a Convention About Torture and Other Cruel, Inhuman or
Degrading Treatments or Penalties was promulgated, which forbids the treatments
as the ones inflicted by the occupation troops on the Iraqi people detained by
it, on whatever pretext this detention occurs, and that defines and is typified
as a torture crime as follows:
“Article 2. For the purpose of the present Convention, the term
“torture” designates any acts by which pain or sharp suffering, being physical
or mental, are inflicted intentionally on a person in order to obtain, from
this person or another, information or confessions; to punish this person for
an act that that or another person have committed or is suspected of having
committed; to intimidate or coerce that or other people; or for any reasons
based on discrimination of any nature; when such pains or sufferings are
inflicted by a public employee or another person in the exercise of public
functions, or for this person’s
instigation, consent or acquiescence. It will not be considered as torture the
pains or sufferings that are consequence uniquely of legitimate sanctions or
that are inherent to such sanctions or derive from them”.
29. Therefore, the crimes practiced by the Bush
administration in the invasion of
II.5. ON PENAL RESPONSIBILITY OF
CHIEFS OF STATE
30. Since the Nuremberg Court, the penal
responsibilities of a Chief of State who practices crimes against peace or war
crimes is properly established, following a doctrine that dates back from the
15th century, the one of a hierarchical superior, which claims that
this responsibility is direct when practiced personally by the Chief of State
or by the absence of supervision of the acts of his subordinates, and indirect,
by the others’ unlawful conducts. It is noteworthy that the President of the
31. Recent examples can be collected in
the International Law about judgments of Chiefs of State in power for crimes
against the International Law, as a Brazilian IL Master illustrates quite well:
“Some observations can be formulated in relation to the International Criminal
Court to former
ON THE CONSTITUTION OF AN
32. The
33. It is an international practice,
previous to the creation of an International Criminal Court, the creation of ad hoc courts to judge crimes against
international law.
34. With the creation of the International
Criminal Court, it is easily understood that countries that adhered to the
treaty that instituted it are directly under its jurisdiction, as the creation
of such ad hoc courts for the
judgment of crimes committed by their Chiefs of State and hierarchical
superiors is not admissible.
35. However, as regarding countries that
have not yet adhered to that treaty or that
will not do
so in the future,
the practice assented before
the creation of the
International Criminal Court is still effective, for there were not changes in
the international law situation related to them.
36. We have already mentioned the creation
of an International Criminal Court for
37.In 1994, UN Security Council created an
ad hoc court to judge the crimes
practiced in
38. In 2000,
39. It is, therefore, the best tradition
of the International Law and of the United Nations the creation of the above
mentioned ad hoc courts to judge
crimes against International Law as the ones mentioned here.
IV – ON THE REQUEST
ACCORDINGLY, the undersigned,
exercising their right to an established order by International Law, come to
petition for:
1 – The creation of an International
Criminal Court for the judgment of crimes against peace and war crimes
committed by the Bush administration;
2 – The conviction of President Bush, as
Chief of State and Commander of the
In these terms
We await approval.
Place, date,
Signatures