THE INTERNATIONAL
REBUILDING OF
THE RULE OF LAW
THE FIRST MAJOR
ATTEMPTED SUBVERSION OF INTERNATIONAL LAW BY THE WEST SINCE 1215
The Magna Carta Libertatum (Great Charter of
Freedoms) of 1215, truly established our 800 year old (modern democratic)
doctrine of the ‘Rule Of Law’. The rule of law, also called supremacy of
law, means that the law is utterly independent, free from interference, above
everyone and it applies to everyone. Whether governor or governed, rulers or
ruled, no one is now above the law, no one is exempted from the law, and no one
can grant exemption to the application of the law.
This means that if ‘any’ of the prevailing laws
which govern all societies are violated, ‘all’ these violations ‘must
only’ -be addressed independently in a court of law. Courts possess the
independence for weighing of competing evidence, the impartiality for
considering the rights and obligations of all parties involved and coercive
powers to enforce the court’s final decision. The Rule of Law applies to any
laws on a personal, business, national or international level and it also
established our absolute legal right to a court hearing on any matter affecting
us under all prevailing laws. The Rule of Law became the basis of
constitutional law and of common law and when any matter is finally determined
by the courts, justice is fully served.
Magna Carta was the first document forced
upon an English King by his subjects to limit his powers by law and to protect
citizen’s rights. The establishment of this principle was profound, because the
monarchy had absolute power over all citizens in all matters of life and death
prior to this.
The Rule Of Law has been extended over time
to now apply to all citizens, including all politicians in power and ensures
any destructive violations of the inviolable legal rights of citizens cannot
be interfered with in any way by those with power in society.
Any interference whatsoever, by any party whatsoever,
in any way whatsoever, in any matter
requiring to be appropriately addressed at law, solely in a properly
constituted legal court, tribunal or judicial system, is an attempted
subversion of the Rule Of Law.
MAJOR RECENT DIRECT
ATTEMPTED SUBVERSION OF THE DOCTRINE OF THE RULE OF LAW
BY WESTERN
POLITICAL LEADERS
Politicians have tremendous power by virtue
of controlling all governmental structures, consequently they potentially can
and do, attempt to subvert our Rule of Law doctrine. They can do this both for
their own personal benefit and to escape the law that must apply to all
citizens. One of the most egregious and blatant recent attempted subversions of
the doctrine, is Italian Prime Minister Silvio Berlusconi granting himself
immunity from prosecution after he won government in 2008. Berlusconi passed a
law, giving himself and three of his top officials immunity from prosecution,
in a case in the system heading for trial over three separate matters involving
corruption, bribery and false accounting.
Berlusconi was facing a charge that he paid his lawyer
David Mills a $700,000 bribe to give false evidence in trials involving the
prime minister, Mills was found guilty of accepting the bribe and was sentenced
to four-and-a-half years in jail. Berlusconi dropped out of the trial after
giving himself immunity. However, Italy's most senior court has now ruled
that the immunity law Berlusconi passed is ‘unconstitutional’ because no
citizen should be above the law. Press > http://www.abc.net.au/news/stories/2009/10/08/2707890.htm.
This is a case where this interference was
an attempted subversion and subjugation of the Rule Of Law by a politician for
his own personal benefit. However, the doctrine itself, solely by its
fundamental democratic and legal potency, ultimately triumphed. The full and
proper examination of the alleged violations have now been handed back to the
courts where they truly belong, in a civilized functioning democracy.
Further recent direct attempted subversion
of the Rule Of Law is by world political leaders totally removing our rights to
a legal trial as a free citizen. This legal right is titled ‘Habeas Corpus’ and
is the fundamental right of trial each of us has to defend at law, any claims
made against us. The Habeas Corpus right exists in all modern democracies. It
is based on the fundamental democratic notion that we must be presumed innocent
of any crime, unless proven guilty in a legally constituted court of law. The
most blatant removal of this time honoured democratic legal right by a
politician, was its permanent removal from law in the USA by George W. Bush
with the signing of the Military Commissions Act. Press
> http://www.amnesty.org.au/hrs/comments/20995/.
After the September 11 2001 al Qaeda
terrorist attacks on New York, Bush forced rushed and draconian laws and
corrupt ‘non-evidence supported’ arrests of citizens globally. Without any
legal basis whatsoever, the authorities arrested many citizens who had never
been combatants against the United States or engaged in any terrorist acts.
These innocent victims of undemocratic, corrupt laws were imprisoned
permanently without any charges under this vilest politically expedient act.
This monstrous attack on citizens’ rights by politicians with immense power has
no deeper base in evil, because these citizens were not permitted to consult
counsel, or provided access to courts or other tribunals. They were dragged off
in chains to prison at the Guantanamo Bay Cuba Naval Base; where they were
further removed from their legal rights to justice. This denial of justice was
a deliberate, planned subversion of the Rule Of Law because aliens detained in
Cuba outside United States sovereign territory, may not invoke habeas corpus
relief in a USA court.
This politically corrupt act was ‘a
fundamental attempted subversion of democracy’ and has subsequently been
overturned in the USA by the Supreme Court and held 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.
Once again, this is a case where the interference
was a direct attempted subversion and subjugation of the Rule Of Law by a
politician. However, the doctrine itself, solely by its fundamental democratic
and legal potency, ultimately triumphed. This will now allow the full and
proper examination of these cases to be handed back to the civilian courts.
These matters will now undergo the fundamental processes of law in the courts
where they truly belong, for a just and independent determination in a
civilized functioning democracy.
CRITICAL HISTORICAL
FACTS OF ATTEMPTS TO SUBVERT THE
RULE OF LAW IN
DEMOCRACIES
The Rule Of Law is so important in
underpinning the entire political and judicial framework of democratic
government in society, it is constantly under threat of attempted subversion by
politicians, whose immense powers it ultimately must control. The Rule Of Law
makes politicians answerable to the citizens who elected them, this is the
foundation of democracy itself. The act of attempting to subvert the Rule Of
law is a systematic attempt to overthrow or undermine the Rule Of Law by
persons working covertly from within the political, judicial or executive
branches of government. The highest potential for direct attempted subversion
exists at the political branch of government, due to its control by elected
politicians of all other branches.
The two most important ‘and chilling’
critical historical facts about politicians and their potential to attempt
subversion of the Rule Of Law are these:
1.
Having tremendous
power by virtue of controlling political structures, politicians potentially
can and will go to any lengths to attempt to subvert the Rule Of Law’s
protection of citizens against politician’s personal vested interests: - Citizens
will suffer.
2.
Having tremendous
power by virtue of controlling political structures, politicians potentially
can and will go to any lengths to attempt to subvert the Rule Of Law which
limits their own excesses of political power: - Politicians will gain.
This
means when and if they choose, they potentially can and will attempt to subvert
the Rule of Law in any way possible if their decisions or power can be
challenged or limited by any citizen. The Rule of Law keeps politicians under
the same legal obligations as ordinary citizens. It stops their attempted abuse
of our laws and forces them to behave legally and remain accountable, as it
does all other citizens.
This
constant attempted subversion risk exists within all democratic political
systems, it always has and it always will. One of the most fundamental
safeguards to have been developed and universally adopted by all democracies to
minimize this huge risk is the doctrine of the Rule Of Law itself. This
attempted subversion risk is so high, all democratic systems use their judicial
systems to undergo constant rigorous internal and external public legal review
to ensure democracy is kept safe and fair and under the control of citizens and
not politicians.
The
powerful message is, always watch politicians –always. They are controlling all
government branches and potentially, as Keith Olbermann of MSNBC chillingly
shows, even in democratic nations:- “government is more dangerous to our
liberty than the enemy it claims to protect us from”. Press
> http://video.google.com/videoplay?docid=-8421286208568567299.
The
Berlusconi and Bush cases are a mere two recent examples of this ongoing
attempted direct subversion of the Rule Of Law by politicians. However, both
were ultimately overturned in time by conscientious citizens demanding the
restoration of the Rule Of Law over government. This democratic process is
a direct result of the triumph of the fundamental application of the Rule Of
Law itself.
These
blatant direct attempted subversions of Rule Of Law are frighteningly profound
in their impact and involve the destruction of real citizens’ lives and
protection of politician’s criminal behavior. However, they are manifestly
dwarfed in impact by the monumental attempted subversion of the Rule Of Law by
recent western politicians in the declaration and execution of the war on Iraq.
THE MOST MONUMENTAL ATTEMPTED POLITICAL SUBVERSION AND
SUBJUGATION
OF THE INTERNATIONAL RULE OF LAW IN CONTEMPORY HISTORY
The most extraordinary attempted direct political
manipulation of the entire framework of the international judicial and legal
structures in contemporary history, is the massive attempted subjugation,
subversion and rendering redundant of the international Rule Of Law by George
Bush, Tony Blair and John Winston Howard.
This direct attempted subversion impacted
the entirety of United Nations legal jurisdictions and all of the Security
Council structures and Geneva Conventions. Nothing in contemporaneous political
history has come anywhere near this monumental attempted utter contortion of
all international societal doctrines and safeguards put in place to guarantee
against such massive attempted subjugation and subversion by politicians. –Nothing
-ever.
This is extraordinary, because this monumental attempted
subversion has gone legally unaddressed since March 2003. Although this has
been profound in its impact, major moves are steadily now underway to bring
these politicians to justice for their actions; Press > http://www.iccaction.com/2009
CANON OF MORALITY.doc -
The tragedy of this massive attempted Rule
Of Law subversion is that it was conducted by politicians of the greatest nations
which initially instigated and championed (and are signatories to) these
profound democratic legal protections; the U.S.A. United Kingdom and Australia.
This attempted subversion is striking in
its potent design, execution and consummate effect. Striking because these
politicians, remarkably, attempted to utterly shift the legal focus entirely
away from all of the time honoured, fundamental tenets and accepted precedents
of the international Rule Of law.
In addition, the temporary success of this
attempted subversion is stunning, because these politicians actively tried to
drive the entire legal focus and full lawful analysis on to their own
jointly contrived focus; which at law is utterly legally irrelevant. Press
> http://en.wikipedia.org/wiki/Relevance#In_law
By virtue of their control of the political
systems as elected representatives, these politicians attempted to ‘deliberately
coerce’ the total legal analysis by the entire international justice system
and the global public media organs to suit their own personal political goals.
This covered the entirety of U.N. independent legal systems frameworks, and
signatory universal legislative governmental structures of ‘all’ nations
and the total global public media reporting networks. They did this by being in
power and collectively constantly driving their legally fraudulent agenda from
their seats of power.
Their aggressive goal was to attempt to coerce
the system to follow their deliberately concocted, legally fraudulent path, and
stunningly; this concocted path is ‘legally irrelevant’ at law. This
attempted subversion is the most monumental temporary corruption of
international justice in contemporary history. And this capability exists and
will always exist in democracies and only the Rule Of Law being upheld will
control such attempted political subversion. This egregious attempted
subversion was possible solely by virtue of the abuse of the immense executive
power of these politicians.
This deliberate act of fraud by these politicians was for
their own political ends and it is a contrived attempted manipulation of all
major societal judicial lawful protections. This political farce utterly dwarfs
even the blatant and corrupt Berlusconi immunity from prosecution and Bush
Military Commissions Act attempted subversions.
What was the precise nature of this
monumental Rule Of Law attempted subversion?
This breathtaking contrived attempted manipulation was the coercing of
the entire legal argument and debate and public focus, solely on to a
legally irrelevant ‘non-tenet’ of law. This legally irrelevant concocted ruse
was to deliberately attempt to lead the entire legal analysis and global focus solely
upon the ‘alleged existence’ of weapons of mass destruction (WMD’s) in
Iraq.
This is a monumental attempted subversion of the legal
process because it did not matter at law if weapons actually existed in
Iraq as alleged. It is absolutely extraordinary to have deliberately
successfully driven this monumental attempted fraud, utterly against the
entirety of international law and the fundamental Rule Of Law doctrine. It is
the most monumental politically motivated and executed attempted fraud in
contemporary legal history. And it was done solely by abuse of the immense
political power serving politicians have within the political branch of any
government. And it was done malevolently in concert, by politicians who knew it
was attempted subversion of the Rule Of Law.
Under international law, the Rule Of Law legally
obliged all nations, all media, all politicians, all military, all citizens
to test alleged WMD’s solely ‘by inspections’, and not by waging war.
That is to say, once Iraq had both responded in writing to the U.N. both that
it had no WMD’s and that it legally agreed to all inspections anywhere to allow
this to be proven true, testing became a legal obligation at law. This total
lawful compliance by Iraq placed ‘absolute’ Rule Of Law obligations on all
these politicians to test alleged WMD’s -solely by inspections.
Yet these politicians have corruptly
managed since 2003 to coerce all their legal counsels, all political
commentators, all media analysts to follow their contrived legally irrelevant focus
solely on the WMD’s alleged existence. By the immense political power
they possessed, they did this so effectively by deliberately setting and
leading the entire legal discussion agenda and debates ‘themselves’. It
was an absolute abuse of political power.
They
themselves deliberately chose ‘alleged WMD’s existence’ as a concocted story
and fraudulently directly set the agenda and led the discussion. They
led the U.N. debates, they led the news networks, they led the PR
machines. This was achieved initially by virtue of the fact of their immense
political power over all of the democratic processes as elected leaders. This
of course is the inherent risk of all political systems, including democracy;
and this is the risk that is ultimately minimized by the Rule Of Law.
This monumental incredible achievement is
since 2003, they have delivered a stunning attempted subversion of the Rule Of
Law for their personal political benefit. The effect of the deliberate
diversion is of course that it automatically takes the focus off themselves and
on to alleged WMD’s. And it of course
diverts the international justice system from correctly investigating them for
war crimes in the execution of the Iraq war. This is the sole reason for the
attempted subversion, no less than the Berlusconi and Bush cases stated.
At law, there was solely a strict
international ‘Rule Of Law obligation to not invade Iraq. Their attack
was an international Rule Of Law criminal violation. Yet these powerful ruling
politicians have been consummately successful at coercing the entire legal
focus and analysis utterly away from this absolute legal violation – a
violation that they can be tried for. This massive international Rule Of
Law attempted subversion has not been matched in contemporary legal history.
The Rule Of Law ‘legally obliges’ the legal
focus to have been only their absolute legal obligations of ‘resolving their
alleged’ claim of WMD’s’ solely by testing, (which tragically, could
have been done without killing one soul). War was illegal, war was a criminal
violation, war was a breach of three major Rule Of Law legal obligations these
politicians had. War was a violation of the U.N. Charter articles 2.4 and 25,
U.N. Security Council Resolution 1441 and the Geneva Conventions.
Yet these ruling politicians remarkably,
fraudulently set the entire legal focus as ‘the alleged existence’ of
WMD’s and cunningly and deliberately drove the full global debate themselves,
incessantly. The remarkable thing is this fraud was so well contrived, and the
manipulation is so well planned and constructed and executed; it still
continues even today by stealth and active focus, by the tattered remnants of
Blair’s government in the U.K. Chilcot inquiry. Press > http://www.theage.com.au/world/blair-told-iraq-had-no-wmd-20091126-juj4.html.
The fraud is so powerful in this inquiry
because of its contrived terms of reference. The entire questioning and
testimony of the inquiry is still fraudulently and irrelevantly focused on
whether WMD’s existed. Or whether Blair lied. Yet both these notions are
irrelevant at law. The subversion of the Rule Of Law is so monumental here in
that the Chilcot inquiry itself is part of the continuing fraud, part of the
continuing attempted subversion. It has been established by Blair’s cronies to
keep the focus on a legally irrelevant non-tenet of law –‘politician’s
alleged WMD’s belief’.
In addition to its deliberately contrived hypocritical
and self contradicting terms of reference, it ‘stunningly’, is publicly stated
as set up “not to apportion blame” in the Iraq war. These two monumental
subversions are breathtaking, this is a farcical ‘inquiry’, that will not
apportion blame for the deaths of 650,000 Iraqi citizens in an unlawful war.
And tragically it will not apportion blame for criminal violation of the U.N.
Charter articles 2.4 and 25, U.N. Security Council Resolution 1441 and the
Geneva Conventions. It will focus on legally irrelevant ‘politician’s stated
belief’.
The stunning reality of this odious farce
is, with these contrived inquiry terms Blair, Bush and Howard simply cannot be
held accountable for any violations whatsoever, because all that is being asked
and tested in this inquiry is whether their belief in WMD’s was true. You can
never prove belief is true or untrue, it is lawfully irrelevant.
Any credible inquiry must by Rule Of Law
definition solely examine actions, real violations of law such as the U.N.
Charter, U.N. Security Council Resolution 1441 and the Geneva Conventions.
The brilliance of this contrived fraudulent attempted
subversion is that in human philosophy, any person can claim they ‘truly
believe’ in anything at all and their belief cannot be challenged at
law; even if they are cunning pathological liars. Belief in an alleged god
can’t be proven, belief in Santa can’t be proven and belief in WMD’s can’t be
proven either because it’s stated as ‘belief’ not a fact. This is precisely why
belief is legally irrelevant at law, the law is compelled to judge obligations,
rights and violations -not beliefs at all. These three politicians however,
have ruthlessly and cunningly, been able to temporarily coerce the entire
global focus of legal debate and analysis on to their (alleged) beliefs.
And the Chilcot inquiry continues the massive Rule Of Law attempted subversion.
However, as farcical as the Chilcott
inquiry is, and as limited as it is by its deliberate politically corrupt
design; it will deliver significant evidence that can and will be used
independently by the international legal systems. This evidence will be used
after the inquiry delivers its planned benign result. The evidence will be used
by the proper international legal institutions such as the International
Criminal Court to rebuild the Rule Of Law from the destructive abuses these
politicians have deliberately wrought.
The Chilcott inquiry has already brought
such immense focus to these politicians’ actions, that Tony Blair has now
directly publicly indicted himself as committing a monstrous political
subversion of the Rule Of Law by executing the Iraq war. This now as an act of
criminal complicity, also indicts John Winston Howard. As of December 15, 2009,
Tony Blair has now utterly changed his previous publically stated reasons for
invading Iraq away from his previous ‘and now admitted lie’ that it was alleged
WMD’s. This public admission has major implications for the war crimes claimed
to have been committed by the self titled ‘Coalition Of The Willing’.
Ken MacDonald, the former U.K. Director of Public
Prosecutions, has penned a devastating article in the Times in response to Tony
Blair's admission, in a calculated interview with Fern Britton ahead of his
appearance at the Chilcot inquiry, that he would have attacked Iraq even if
he'd have known there were no WMD’s. MacDonald describes the role Blair's
character played in driving the criminal adventure against the will of the
British people, noting his "sycophancy" and his thirst for glamour
and power. He urges Chilcot not to succumb to the British establishment disease
of hiding the truth to protect the powerful. Press > http://www.opendemocracy.net/ourkingdom/guy-aitchison/ken-macdonald-on-blairs-deceit-and-warning-to-chilcot
This monumental attempted subversion and subjugation
of the Rule Of Law by George Bush, Tony Blair and John Winston Howard is now
utterly unraveling as of Tuesday December 15, 2009. These admissions of Tony
Blair were made solely in a feeble attempt to protect himself from the
questioning he will face at the Chilcott inquiry in 2010. He knows the focus
will then be solely on his alleged WMD’s concocted stance that he was able to
manipulate whilst a serving politician and head of government deliberately in
concert with George Bush and John Winston Howard. He also knows that he must
now answer at law, the fact that such a notion is legally irrelevant at law.
The Rule OF Law has now caught up with these politicians who by virtue of no
longer having control of any of the frameworks of justice in government, they
can no longer attempt to subvert the Rule Of Law.
The Rule of Law doctrine is universally agreed and held
as sacrosanct as the only civilized way to prevent any of us from taking direct
endless reprisals against each other. This applies most importantly to
politicians taking illegal actions against their own citizens and other
nations’ citizens as well. This is because politicians have not only immense
power, they have their hand on the ‘trigger’ of the world’s most horrifically
destructive military arsenals. They have the power to kill, maim and destroy, instantaneously.
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.
Only courts have the legal specialists to manage the
interpretation and meaning of all parties’ international legal rights and obligations under all prevailing
laws, (including the
‘illegal’ declaration of war on Iraq). 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 fundamental ‘Rule Of Law 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.
Security Council 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. Because of this attack, it can and 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
· The
massive attack was utterly disproportionate to any possible military benefit
· 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.smh.com.au/articles/2004/07/18/1090089035899.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’
Press link>> http://www2.icc-cpi.int/Menus/ICC/Structure+of+the+Court/Office+of+the+Prosecutor/Biographies/The+Prosecutor.htm

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