THE INTERNATIONAL
REBUILDING OF
THE RULE OF LAW
THE FIRST MAJOR
BREAKDOWN OF INTERNATIONAL LAW BY THE WEST SINCE 1215
The Magna Carta Libertatum (Great Charter
of Freedoms) of 1215, established our 800 year old doctrine of the ‘Rule of
Law’. This is the principle that if the prevailing laws which govern all
societies are violated, all these violations must only be addressed in a court
of law. Its most important feature is the right of ‘Habeas Corpus’. This states
at law that every citizen has the inviolable right to appear in a legally and
democratically recognized court of law and defend the claims against them. It
is enshrined in Magna Carta Article 39, stating: “(39) No free man shall be
seized or imprisoned, or stripped of his rights or possessions, or outlawed or
exiled, or deprived of his standing in any other way, nor will we proceed with
force against him, or send others to do so, except by the lawful judgement of
his equals or by the law of the land”.
Habeas Corpus defined: Press
> http://www.youtube.com/watch?v=IxYACTGPzAE
Habeas Corpus is also known as "The
Great Writ," and is a legal writ of habeas corpus ad subjiciendum. It is a
summons with the force of a court order, addressed to the prisoner’s custodian
or government or ruling official, demanding that a prisoner be brought before
the court, together with proof of authority, allowing only the court to
determine whether that custodian has lawful authority to hold that person;
if not, the person shall be released from custody forthwith. The prisoner, or
another person on the prisoner’s behalf (for example, where the prisoner is
being held incommunicado), may petition the court or an individual judge for a
writ of Habeas Corpus.
Habeas Corpus has been temporarily
suspended by nations at times of international conflict and the most blatant
case of violation of this time honoured democratic legal right was not merely
its temporary suspension, but its permanent removal from law in the USA
by George W. Bush with the signing of the Military Commissions Act. Press
> http://video.google.com/videoplay?docid=-8421286208568567299. This act has subsequently been overturned in the USA as
unlawful and Habeas Corpus has been restored. See: The US Supreme Court’s
overthrow of the Military Commissions Act, finding Bush unlawful for trying
prisoners by means of military commissions that violated congressional statutes
and international law. Press > http://www.law.cornell.edu/supct/html/03-334.ZS.html
The Rule of Law applies to any laws on a
personal, business, national or international level and it established our
absolute rights to court hearing on any matter under all prevailing laws. The
Rule of Law became the basis of constitutional law and of common law
The Rule of Law ensures these inviolable
legal rights of citizens cannot be interfered with by those with power in
society (the monarchy initially when enacted and by politicians through its
adoption over time). The Rule of Law is universally agreed and held as
sacrosanct as the only civilized way to prevent us from taking direct endless
reprisals against each other. The doctrine recognizes we all have the darkest
of potentially destructive forces lurking within us, which can and do get
quickly out of control. The Rule of law has been crucial to keeping our society
decent, civilized and functioning as properly as it can. It is universally
honoured because it also forces all disputes to be managed independently at law
by legal experts, away from powerful vested interests of the parties involved.
Courts have the legal specialists to manage
the interpretation and meaning of all parties’ legal rights and obligations
under all prevailing laws. This time honoured Rule of Law doctrine also
enforces universal acceptance of the court’s decision as final. The Rule of Law
establishes that no one is above the law and the court’s decision is binding
upon all citizens, all organisations, all governments and all leaders in any
dispute anywhere. The Rule of Law doctrine was further fully developed mainly
by western democracies and governments and operates in all civilized countries
of the world.
INTERNATIONAL LAW
This honoured overriding doctrine was
further universally reinforced at international law by the 1945 U.N. Charter
and Geneva Conventions, which are the basis of which all international laws of
‘armed conflict’ are agreed. These laws and conventions were fully developed by
western democratic governments after the massive unnecessary bloodshed of WW1
and WW2. The international criminal courts and tribunals were established with
the authority and obligations to examine any violations in armed conflict.
Hitler’s henchmen were all prosecuted for war crimes in these international
courts.
THE FIRST MAJOR
BREAKDOWN
Some western leaders have for the first time, violated
our protective international laws and Rule of Law doctrine in the Iraq war; by
the lethal armed attack on its densely civilian populated major cities. The
Rule of Law applied in the attack upon Iraq where the belligerents were obliged
not to attack but to abide the specific international laws of armed conflict
which operate under the U.N. Charter. This charter states, nations cannot
attack another (unless it is U.N. approved or unless attacked by another
nation). The Geneva Conventions also enforce legally binding humanitarian
obligations in armed conflict, towards armed services personnel, prisoners and
citizens. The attack upon Iraq was illegal under the U.N. Charter and U.N.
Resolution 1441 and Geneva Conventions. This is the first time in over 58 years
since the U.N. Charter was signed in 1945, that these western developed laws
(under the universally accepted Rule of Law doctrine) have been violated by a
cabal of major western leaders. In addition, the U.N. Security Council has the
sole authority to approve action in armed conflict and its Resolution 1441
specifically prohibited the attack upon Iraq.
Because of these blatant violations of
international law, our own protection against any armed attack anywhere is now
utterly destroyed. Unless addressed at law, the Iraq war has now set the horrifying
precedent that any country can invade another without fear of legal criminal
prosecution. This violation of international law has made our world extremely
unsafe and has utterly weakened the United Nations. It has also made the
doctrine of Rule of Law redundant, specifically for international laws of armed
conflict and generally for all law.
Of more importance is the actual few
western leaders who have violated the Rule of Law doctrine itself. Their
actions have destroyed all of the protective international laws of armed
conflict established and honoured and used in past war crimes violations by
their own previous distinguished governments. They have now violated all there
is to help keep society decent in armed conflict, the most barbarous state
there is in humanity; where the vilest mass destruction of life and of families
occurs. This attack has set a watershed in international law violations, which
now threatens the entire legal framework of armed conflict in use for the prior
58 years. Unless these violations of international law (under the Rule of Law
doctrine) are now examined by the international courts and fully redressed,
this dangerous illegal behavior can be repeated anywhere. We live in the most
dangerous nuclear arms age, the risks to us all are now extreme.
THE
SETTING OF THE MOST EXTREME ARMED CONFLICT PRECEDENT
The most dangerous new precedent of
attacking without being attacked (called pre-emption), has been set. Not only
have these legal institutions been deeply weakened - in itself a criminal
offence -this Iraq war is the first time that any post-nuclear age western
world leaders, have formally legitimized the vilest ‘pre-emption’ notion in a
major state of war. They themselves have now set the actual example that
a state of war without being attacked, is now a legitimate option by any
nation against any other. These few western nations’ past distinguished
leaders proudly led and developed this universal Rule of Law framework to
protect against such extreme violations.
Unless addressed, this illegal attack
has now actually delivered the major dangerous precedent, allowing any country
to attack any other without fear of prosecution. In other words, it has
legitimized ‘war crimes’. By violation of these international laws in the Iraq
war. The violations have utterly destabilized the Middle East and no potential
future conflict that may now occur anywhere, has a legal frame of reference to
be managed if armed conflict is ignited. This applies to any potential regions
such as Pakistan, India, Eastern Europe, China, South America or elsewhere.
Only these few western leaders have
now created and unleashed the vilest (potential nuclear-war) pre-emption
serpent of their own making. It will now strike us anywhere. Unless overturned,
this illegal attack now fully legitimizes any nation pre-emptively attacking
any cities such as New York, London, Paris, Sydney, Amsterdam, Baghdad, Tikrit,
Toronto, Beijing, Johannesburg, - you
can now be attacked in your city anywhere Press > http://au.youtube.com/watch?v=3aEvzuA4f0c&feature=related
THE
INTERNATIONAL REBUILDING OF THE RULE OF LAW
There is only one means of rebuilding
the Rule of Law and that is taking these flagrant violations of these binding
international laws of the U.N. Charter and the Geneva Conventions and
Resolution 1441 to the international courts. They must now be independently
examined at law by the international judicial process.
ICCACTION is a dedicated group doing
this now, with a Brief of Evidence currently before the International Criminal
Court (Case Report ICC 425 of 2008). If the International Criminal Court finds
the evidence to be a strong prima facie case of international law violation, it
will be recommended investigation for criminal prosecutions to the ICC Pre
Trial Chamber of the court. By examination of case 425, the ICC is addressing
both the Iraq International Law violations and the blatant flaunting of the
universally accepted doctrine of the Rule of Law.
If this ICC case is successful, our
800 year old Magna Carta Libertatum ‘Rule of Law’ and our U.N. Charter of 1945
and Geneva Conventions will be restored and upheld once again. This major
reinforcement of International Law will then mean we utterly remove the vile
precedent that any country can attack any other without provocation or
without U.N. approval. If successful, this case itself will therefore
demonstrate at law that any Heads of State will face prosecution for such illegal
attacks. The Rule of Law and laws of armed conflict have kept most nations
decent, civilized and functioning properly since 1945. We cannot revert to a
world without law, if we do we would become animals and civilized society will
utterly break down.
Magna Carta Libertatum is the original
and true legal 'separation of powers' which stopped the absolute power
of the monarchy. Pre-emption is a violation of International Law under the
doctrine of Rule of Law and means these few recent law violating government
leaders have now themselves become a quasi monarchy -and more powerful
than the worst monarchy.
This International Criminal Court Case
Report ICC 425/07, where violations can be examined and the rule of law can be fully
re-established; is therefore as important as the original Magna Carta
Libertatum of 1215 itself. This 425 case itself, will demonstrate that all war
criminals will be prosecuted and it will send a warning that their lethal
actions are legally accountable under International Law and it will
re-establish the Rule of Law.
Watch this case Report ICC 425/07
online as it proceeds and refer to our updates
“Each man's death
diminishes me, for I am involved in mankind.
Therefore, send not
to know for whom the bell tolls, it tolls for thee.”
(John Donne 1623)
Violation of the Rule of Law By The Iraq
War
Therefore, this formal Brief of Evidence is
a test case of the legality of the Iraq war
by the independent examination of the
courts.
There were more than 650,000 people killed
by The Iraq War.
See ‘The Lancet Iraq deaths
study’: Press link>> www.iccaction.com/LancetIraqWarInvasionDeaths.pdf
The ICC Prosecutor is currently examining
Final Brief 425 of 13 June 2008 to determine
if it should go to Pre Trial Chamber for
investigation for recommendation of war crimes prosecution.
Download ICC Brief of Evidence 425 Press link
>>
http://www.iccaction.com/ICC
BRIEF JUNE 13 2008.doc
This Brief of Evidence is
declared by an Arbitrator of the International Society of Criminology:-
-"a strong, constructive
prima facie case, demanding action and a response".
It is a war crime to bomb densely civilian
populated major cities.
Massive civilian deaths were known in
advance to result by this major attack.
The attack has been declared ‘illegal’ by international legal
experts because:
· Iraq
fully complied with all demands under all U.N. Resolutions
· Iraq
allowed full inspections anywhere, which made the attack illegal
· Iraq
did not threaten to attack any country
· The
U.N. formally disapproved of the attack
· Iraq
was unable to protect its densely civilian populated major cities against such
a lethal attack
EMINENT WORLD REGISTER OF CITIZENS
SUPPORTING THE ICC CASE FOR PROSECUTION
EMINENT PERSONS REGISTER
Press link >> http://www.nswpeace.org/features/1093493874_30418.html
THESE ARE GROWING LISTS: ADDITIONS WELCOMED
DON ANTON, SENIOR
LECTURER, ANU; PETER BAILEY, PROFESSOR, ANU; ANDREW BYRNES, PROFESSOR, ANU;GREG
CARNE, SENIOR LECTURER, UNIVERSITY OF TASMANIA; ANTHONY CASSIMATIS, LECTURER,
UNIVERSITY OF QUEENSLAND; HILARY CHARLESWORTH, PROFESSOR AND DIRECTOR, CENTRE
FOR INTERNATIONAL AND PUBLIC LAW, ANU; MADELAINE CHIAM, LECTURER, ANU; JULIE
DEBELJAK, ASSOCIATE DIRECTOR, CASTAN CENTRE FOR HUMAN RIGHTS LAW; KATE EASTMAN,
WENTWORTH CHAMBERS, SYDNEY; CAROLYN EVANS, SENIOR LECTURER, MELBOURNE
UNIVERSITY; DEVIKA HOVELL, LECTURER, UNIVERSITY OF NSW; FLEUR JOHNS, LECTURER,
SYDNEY UNIVERSITY; SARAH JOSEPH, ASSOCIATE DIRECTOR, CASTAN CENTRE FOR HUMAN
RIGHTS LAW, MONASH UNIVERSITY; ANN KENT, RESEARCH FELLOW, CENTRE FOR
INTERNATIONAL AND PUBLIC LAW, ANU; DAVID KINLEY, PROFESSOR AND DIRECTOR, CASTAN
CENTRE FOR HUMAN RIGHTS LAW, MONASH UNIVERSITY; SUSAN KNEEBONE, ASSOCIATE
PROFESSOR, CASTAN CENTRE FOR HUMAN RIGHTS LAW; WENDY LACEY, LECTURER, ADELAIDE
UNIVERSITY; GARTH NETTHEIM AO, EMERITUS PROFESSOR, UNSW; PENELOPE MATHEW, SENIOR
LECTURER, ANU; IAN MALKIN, ASSOCIATE PROFESSOR, MELBOURNE UNIVERSITY; CHRIS
MAXWELL QC, MELBOURNE BAR; TIM MCCORMACK, RED CROSS PROFESSOR AND DIRECTOR,
CENTRE FOR MILITARY LAW, MELBOURNE UNIVERSITY; SOPHIE MCMURRAY, LECTURER, UNSW;
ANNE MCNAUGHTON, LECTURER, ANU; KWAME MFODWO, LECTURER, MONASH LAW SCHOOL;
WAYNE MORGAN, SENIOR LECTURER, ANU; ANNE ORFORD, ASSOCIATE PROFESSOR, MELBOURNE
UNIVERSITY; EMILE NOEL, SENIOR FELLOW, NEW YORK UNIVERSITY LAW SCHOOL; DIANNE
OTTO, ASSOCIATE PROFESSOR, MELBOURNE UNIVERSITY; PETER RADAN, SENIOR LECTURER,
MACQUARIE LAW SCHOOL; ROSEMARY RAYFUSE, SENIOR LECTURER, UNSW; SIMON RICE OAM,
PRESIDENT, AUSTRALIAN LAWYERS FOR HUMAN RIGHTS; DONALD ROTHWELL, ASSOCIATE
PROFESSOR, SYDNEY UNIVERSITY; MICHAEL SALVARIS, SENIOR RESEARCH FELLOW,
INSTITUTE FOR SOCIAL RESEARCH, SWINBURNE UNIVERSITY; CHRIS SIDOTI, PROFESSOR,
HUMAN RIGHTS COUNCIL OF AUSTRALIA; JOHN SQUIRES, DIRECTOR, AUSTRALIAN HUMAN
RIGHTS CENTRE, UNSW; JAMES STELLIOS, LECTURER, ANU; TIM STEPHENS, LECTURER,
SYDNEY UNIVERSITY; JULIE TAYLOR, UNIVERSITY OF WA; GILLIAN TRIGGS, PROFESSOR
AND CO-DIRECTOR, INSTITUTE FOR INTERNATIONAL AND COMPARATIVE LAW, MELBOURNE
UNIVERSITY; JOHN WADE, PROFESSOR AND DIRECTOR OF THE DISPUTE RESOLUTION CENTRE,
BOND UNIVERSITY; KRISTEN WALKER, SENIOR LECTURER, MELBOURNE UNIVERSITY; BRETT
WILLIAMS, LECTURER, SYDNEY UNIVERSITY.
WE AWAIT THE ICC PROSECUTOR’S ANALYS AND REPLY FOR BRIEF OF EVIDENCE 425
of 13 June 2008
WE ARE ADVISED 2 MAY 2009 BY THE
INTERNATIONAL CRIMINAL COURT,
THIS BRIEF OF EVIDENCE IS CURRENTLY ‘UNDER
ACTIVE ANALYSIS’

USA WORLD LEADERSHIP
© G.Floyd 2008
Our modern world was on the greatest voyage of ever strengthening human hope that began at the end of WW1 when the horror of war death shook the decency of humanity to its core. It learned the depths of its vulnerability and soon the mighty economic depression plunged that hope into darkness once more. The WW2 blood spilling repeated; there have been no darker days of avoidable, global horrific misery. Reflecting on the real power we have to manage such human caused catastrophe, great world leaders emerged and the USA leadership shone forward as a great beacon for the rest of the world. Its leadership was pronounced and strong and real, because its population had fully embraced democracy and the free market system to a greater degree than others; and its population was educated, efficient and productive.
The USA mobilised its vast natural resources more effectively than others and this combination fed on itself; the consequence was the greatest boom in human material welfare in human existence. Many major nations were involved, but the USA leadership drove massive advances across all elements of global society. The impact was immense, and in legal institutions, market reforms, government, medicine, technology, etc etc, America’s leadership was inspirational and we all benefited; all global democracies modelled themselves on America, because she delivered the best -to the most. We adopted all these treasured ideals and values and we made them our own. The United Nations was born and the entire human frameworks were all in place to address any challenge possible, depression, war, sickness, and potential to spread fairness and goodness to all on our earth.
This USA led inspirational achievement is remarkable and the world is deeply indebted to America, this leadership, through successive inspiring presidents, has had major challenges; largely overcome through the ideals and values that America itself championed. The world had a role model, the world had a trusted superpower; the free world had a true friend.
That has all ended with the ascent of the most destructive leader America and the world has ever had the gravest misfortune to inherit; George W. Bush.
When Iraq totally agreed to allow full unrestricted testing for WMD’s under U.N. Resolution 1441; George Bush was then obliged at our international law, to prove his claim of WMD’s -by testing; and not killing a soul. This man chose to kill over 100,000 in a war that is in violation of The U.N. Charter, of U.N. Resolution 1441, that every prior USA President put in place and honoured and it is in violation of the USA Constitution. He killed 3300% more than 9/11 and Iraq wasn’t involved in 9/11 and in April 2008, 4000+ Americans had died at his hand.
George Bush has killed. Horrifically. He has also killed his own, for nothing; the vilest sacrifice possible. His war has also gravely weakened all the internationally supported institutions, legal, moral, ethical, and the values, goals, achievements, gains, safety nets, morays and hope, put in place by America’s former good leaders and valued friends; and George Bush has made our world a very, very dangerous place. He has also utterly destroyed the good name and reputations of Americans; regrettably they are loathed around the world because of this man alone. A legacy Americans do not deserve when America gave so much to the world. This man must be impeached and face war crimes charges.
There is a beacon arising once more from the darkness; this beacon is at the hand of Barack Obama.
The Obama Oration
© Glenn Floyd 2008
In the dawning of the past 1900’s millennium, - the deepest faith of our new world’s daughters and sons, - forged the first steps of our sacred journey of internationally linked humanity – and entrusted us, - to never allow its spirit to diminish.
Its eternal light, - was kindled by the heartfelt and profoundest belief, - that the blessings, - the bounty, - the natural tapestry of their sacred legacy, - remain fertile, forever growing, and the absolute birthright, - of all their children, of all succeeding generations of the free world.
We reflect at this new millennium’s dawn, - to witness the greatest tragedy. – The spirit, so clearly understood, - so fiercely kindled in deep trust, - so fervently bestowed, - solely at the hand of USA President George W. Bush in his Iraq war; has become a faded beacon in the night, - and now drives the deepest international community division. This man alone has destroyed all the United Nations’ traditions established by the USA and her strong friends and deeply honoured since 1949.
The very souls of all our people in international community, - feel sullied to the core. The deepest recesses of good hearts, – are saddened by the fire’s dimming. –
And the burdensome enslavement of the international spirit, - rests heavily upon the conscience.
This leader who was entrusted by international charter, a constitutional imperative , - to ensure the brightly burning spirit of world peace, - in full sail set, - has no horizon, - in his disgrace, - now tests the deepest faith and hope, - of our international founding mothers and fathers and all our global citizens.
If the quintessence if democratic morality of humanity, has been tested ever in full nationhood, - it has been tested in the United Nations. – For it is only an unencumbered free democracy, - which will truly nurture, - the spirit of the true sacred, united human journey.
These most profound failures of leadership, - and their impact upon our sister’s and brother’s deep need to see the beacon, - now brings the bloodied battlefield of democratic morality, - to each citizen’s conscience.
Our conflicts are the feral lusts and excesses of the unenlightened, - driving warring agendas for political self interest. The manipulations of fear used in this tragic farce is the unjust weaponry of demonisation, the vilest lie is ‘The Axis of Evil’.
Moreover, - inviolable human rights are because of this; chillingly subsumed. We cannot - and must not - exclude any section of our global community, - for without each of us; - we have no community.
At no other time in our United Nations’ history, - have our democratic moral values been so greatly challenged, – our birthright been so tested to its absolute tolerance to endure.
Past world military engagements have forged our collective resistance to the obvious and known external threat. – Our enemy now exists within, - the insidious unseen, - unlocks the mesh of our human fabric, - by non-awareness of the unquestioned duty of inclusive decisiveness, - at the moral moment.
We now see rising, - in the people, the genesis of the reborn cherished spirit. Fervently re-ignited by a passion for veneration of our birthright, - so sacredly bestowed. It rises in the USA once again, at the hand of Senator Barack Obama. It is reborn of dignity, it is reborn of inspiration and it is reborn of his profound personal leadership ability.
Now, in the dawn of the new millennium, - a force of restless conscience stirs, and ascends. – Women and men of courage, - stand to take our common voyage of partnership again together, - peacefully.
An energized and growing potency, - so powerful, - its sense of righteousness for all in this fair world, - will not be challenged.
This tidal wave of honour, - standing together for all citizens, - to peacefully resist the warring agenda, is but one measure of the ethical phenomena.
The movement is alive, the movement carries the inherited passion conceived at United Nationhood, - and the movement bears the intrinsic and unbridled ferocity of goodness, - fairness; - the hallmark of humanity, in this vast, lonely universe.
But above all, - the movement is reborn of the souls of ordinary women and men of our inheriting new generations, and of gentle and profoundly gifted leaders as Barack Obama. His wisdom and leadership is witnessed by such honoured American daughters such as Bonnie Locchetta, a Rushville Indiana citizen http://www.rushvillerepublican.com:80/homepage/local_story_088114941.html who gave her honest hard earnings to support a leader she deeply and truly recognises as ‘of the people’.
For it is we world citizens, - who accept the bestowing of such priceless gifts, - it is we, - who accept the precious flame, - it is we who see there is so much to be done, - to keep it everlasting. -……………it is we, - who refute and reject, - the divisiveness of exclusionary leadership.
Movement is felt throughout our globe once again, - inspiration rises as an unfettered ocean swell, - and common, impassioned people of honour have rallied. – the fervour of democratic deepest honesty under Barack Obama, - chronicles the stirring conscience, - the re-birth of the deepest spirit of our forebears is again witnessed. We must, - at the dawn of this new millennium, and forever, - ensure the new fervent resolve, - born of the brightest spirit of our trusting forebears, is not bestowed in vain.
When the phenomenon of exclusionary leadership under George Bush, - so virulently pervades the international will, - we, the world’s people, shall demonstrate, that democratic moral leadership, - is the core of moral conscience. – And the promise of our forebears, - shall never again be tarnished.
And the choice, of the people’s democratic philosophy, for the new millennium, - will once more restore the sacred journey of international nationhood for our entire world’s people.
And that deeply enshrined in its moral code, will be an absolute freedom for all people, - guaranteed by explicit charter, - and by United Nations’ birthright.
And its object and intent, - will be to utterly repudiate the rise of exclusionary leadership, - and hold world government accountable, - to the hearts and the hands of all the people.
To guarantee this noble franchise in posterity, - we embody ‘The Millennium Precedent’ as the founding principle of our new global democratic charter.
THE MILLENNIUM PRECEDENT
“WHEN THE UNITED NATIONS’ GOVERNMENT OF THE PEOPLE; ASSUMES THE COLLECTIVE CONSCIENCE OF THE PEOPLE; - AND FALTERS; - THE PEOPLE SHALL ASSUME THE COLLECTIVE CONSCIENCE OF THE UNITED NATIONS’ GOVERNMENT; - AND RULE.
Glenn Floyd
Australia
Director http://www.iccaction.com
+61 (0)407 861 056
CONTACT:
Glenn Floyd
Director ICCACTION
www.iccaction.com Australia
P/O Box 997 North
Melbourne 3051
Mobile: +61 (0) 407 861 056
eMail: floydaubrey@bigpond.com