Thursday, February 8, 2007

"Natural Law" Allows For Setting Up
Of KL War Crimes Tribunal


KUALA LUMPUR, Feb 5 (Bernama) -- The principle of "Natural Law" would allow the War Crimes Conference, currently in progress here, to set up a tribunal to try and pass judgement on those who propagate war and commit heinous crimes against humanity, an international law expert said Monday.

Alfred Lambremont Webre, an international lawyer who played a critical role in exposing discrepancies in the Canadian National Defence missile and military projects, said the precedent to this argument was the setting up of the 2004 Tokyo Tribunal for War Crimes Against Afghanistan.

The three-day War Crimes Conference, organised by the Perdana Global Peace Organisation chaired by former Prime Minister Tun Dr Mahathir Mohamad, started at the Putra World Trade Centre here Monday.

The conference, also known as The Kuala Lumpur Initiative to Criminalise War, would also work towards the setting-up of a permanent tribunal, recognised by the victims of aggression, to hear charges levelled at the warmongers, leaders and governments of aggressor nations, to determine their innocence or guilt and to prescribe punishment.

Webre explained that natural law in jurisprudence had a number of different meanings and that it could refer to the doctrine that just laws were immanent in nature meaning that these laws could be "discovered" or "found" but not created like the Declaration of Human Rights.

"Natural law is what social law, our humanly created laws, is based upon. Justice, the force underlying all our laws, is a fundamental property of our reality. Our societies, our institutions, our courts, our parliaments, our governments do not invent justice when they create our social laws. At best they work to incorporate as much of the fundamental force of justice into our social laws and legal process as they can.

"Currently, many of the courts enforcing national and international law are controlled or compromised by the workings of the international War Crimes Racketeering Organisation. Citizen War Crimes Tribunal have stepped into this void to carry out justice against genocide, crimes against humanity, war crimes and aggressive wars of the War Crimes Racketeering Organisation," he said.

Webre regarded the War Crimes Racketeering Organisation as one made up of several countries or individuals which implement depopulation policy by increasing the death rate of targeted populations and decreasing their birth rate using nuclear weapons, engineered wars and usage of exotic weapons like bio-weapons, such as AIDS.

Citing the 2004 Tokyo Tribunal for War Crimes Against Afghanistan as an example, he said the tribunal was convened under its own Statute of the International Criminal Tribunal for Afghanistan, regarded as an impressive and far reaching document, drafted under international humanitarian law.

"Its authority was Natural Law - the Principle of Justice inherent in Nature. What more can be more powerful than that? The judgement of the (proposed) Kuala Lumpur War Crimes Tribunal, if structured under proper international legal standards has force and effect under justice because of Natural Law.

"A movement for war crimes justice means that public opinion will become more aware of its right to enforcement of international humanitarian law against war crimes. National and international courts can and will enforce the findings and judgement of the Kuala Lumpur War Crimes Tribunal," he added.

He said as of Jan 1, 2007, some 104 nations had become parties to the Rome Statute of the International Criminal Court and all these countries had passed enabling legislation allowing their national courts to prosecute war crimes as defined in the Geneva Conventions and the Rome Statute.

"Our movement for war crimes justice now can access up to 104 national courts to prosecute war crimes committed outside their territory. Thus we have 104 national courts that a mobilised public can petition to enforce the judgement of the Kuala Lumpur War Crimes Tribunal," he argued.

He said the war crimes justice movement could mobilise public opinion in an activist caucus of nations to pursue those who perpetrate crimes against humanity.

However, he said the jurisdiction of the Kuala Lumpur War Crimes Tribunal should also extend to the 88 other nations that had not signed the Rome Statute, including the United States of America and Israel.

"We now know why the USA and Israel have not done so (signed the Rome Statute of the International Court)," quipped Webre.

BERNAMA - http://www.bernama.com

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