War Crimes Charges for the Hague Tribunal Against NATO Leaders

Accused of War Crimes: The British Prime Minister Tony Blair

 

WAR CRIMES CHARGES FOR THE HAGUE AGAINST THE NATO LEADERS – ONE OF THE INDICTMENTS IN THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA

NOTICE OF THE EXISTENCE OF INFORMATION CONCERNING SERIOUS VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW WITHIN THE JURISDICTION OF THE TRIBUNAL;

REQUEST THAT THE PROSECUTOR INVESTIGATE NAMED INDIVIDUALS FOR VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW AND PREPARE INDICTMENTS AGAINST THEM PURSUANT TO ARTICLES 18.1 AND 18.4 OF THE TRIBUNAL STATUTE.

TO:

Madam Justice Louise Arbour, Prosecutor, International Criminal Tribunal for the Former Yugoslavia, Churchillplein 1, 2501 EW, The Hague, Netherlands.

AND TO:

  • President William J. Clinton, Madeleine Albright and William S. Cohen (United States of America)
  • Prime Minister Tony Blair, Robin Cook and George Robertson (United Kingdom)
  • Javier Solana, Jamie Shea, Wesley K. Clark, Harold W. German, Konrad Freytag. D.J.G. Wilby, Fabrizio Maltinti, Giuseppe Marani and Daniel P. Leaf (NATO)
  • Prime Minister Jean Chrétien, Lloyd Axworthy and Arthur Eggleton (Canada)
  • Prime Minister Jean-Luc Dehaene, E. Derycke and J.-P. Poncelet (Belgium)
  • President Vaclav Havel, J. Kavan and V. Vetchy (Czech Republic)
  • Prime Minister Poul Nyrup Rasmussen, N.H. Petersen and H. Haekkerup (Denmark)
  • President Jacques Chirac, Lionel Jospin, H. Védrine and Alain Richard (France)
  • Chancellor Gerhard Schröder, J. Fischer and R. Scharping (Germany)
  • Prime Minister Kostas Simitis, G. Papandreou and A. Tsohatzopoulos (Greece)
  • Prime Minister Viktor Orban, J. Martonyi and J. Szabo (Hungary)
  • Prime Minister David Oddsson, H. Asgrimsson and G. Palsson (Iceland)
  • Prime Minister Massimo D’Alema, L. Dini and C. Scognamiglio (Italy)
  • Prime Minister Jean-Claude Juncker, J. Poos and Alex Bodry (Luxembourg )
  • Prime Minister Willem Kok, J. van Aartsen and F.H.G. de Grave (The Netherlands)
  • Prime Minister Kjell Magne Bondevik, K. Vollebæk and D.J. Fjærvoll (Norway)
  • Prime Minister Jerzy Buzek, B. Geremek and J. Onyszkiewicz (Poland)
  • Prime Minister Antonio Manuel de Oliveira Guterres, J.J. Matos da Gama and V. Simão (Portugal)
  • Prime Minister Jose Maria Aznar, A. Matutes and E. Serra Rexach (Spain)
  • Prime Minister Bulent Ecevit, I. Cem and H. S. Turk (Turkey)

FROM:

  • Professor Michael Mandel, Professor W. Neil Brooks, Professor Judith A. Fudge, Professor H. J. Glasbeek, Professor Reuben A. Hasson and Sil Salvaterra, Barrister and Solicitor, Community Legal Aid Services Programme, Osgoode Hall Law School, York University, Toronto, Ontario, Canada M3J 1P3
  • David Jacobs and Brian Shell, Barristers and Solicitors, Shell, Jacobs Lawyers 672 Dupont Street, Suite 401 Toronto, Ontario Canada M6G 1Z6
  • Christopher Black, Barrister and Solicitor, 121 Nymark Avenue, Toronto, Ontario Canada M2J 2H3
  • John Philpot, Barrister and Solicitor, Alariel Legault Beachemin Paquin Jobin Brisson & Philpot 1259 rue Berri suite 1000 Montréal, Québec Canada H2L 4C7
  • Fred Stasiuk, Barrister and Solicitor, 296 Mill Road, Unit B6 Etobicoke, Ontario, Canada M9G 4X8
  • Professor Peter Rosenthal, Barrister and Solicitor, Mathematics Department, The University of Toronto, Toronto, Ontario Canada
  • Professor Roberto Bergalli, Departament de Dret Penal i Ciences Penals Universitat de Barcelona, Av. Diagonal 684 E-08034 Barcelona, Spain
  • The American Association of Jurists: Alejandro Teitelbaum, Permanent Representative to the United Nations in Geneva. 80 Quai Gillet 69004 Lyon, France
  • Alvaro Ramirez Gonzalez, President, Del Porton Oriental de la UCA 1 y media cuadra arriba Apdo Postal 3348 Managua, Nicaragua
  • Vanessa Ramos, Secretary General 200 Mercer Street 4E New York, NY 10012
  • Beinusz Szmukler, President, Consultative Council, Peru 971 8 piso, B 1068 Buenos Aires, Argentina

IN THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA

RE: William J. Clinton, Madeleine Albright, William S. Cohen, Tony Blair, Robin Cook, George Robertson, Javier Solana, Jamie Shea, Wesley K. Clark, Harold W. German, Konrad Freytag. D.J.G. Wilby, Fabrizio Maltinti, Giuseppe Marani, Daniel P. Leaf, Jean Chrétien, Lloyd Axworthy, Arthur Eggleton, Jean-Luc Dehaene, E. Derycke, J.-P. Poncelet, Vaclav Havel, J. Kavan, V. Vetchy, Poul Nyrup Rasmussen, N.H. Petersen, H. Haekkerup, Jacques Chirac, Lionel Jospin, H. Védrine, Alain Richard, Gerhard Schröder, J. Fischer, R. Scharping, Kostas Simitis, G. Papandreou, A. Tsohatzopoulos, Viktor Orban, J. Martonyi, J. Szabo, David Oddsson, H. Asgrimsson, G. Palsson, Massimo D’Alema, L. Dini, C. Scognamiglio, Jean-Claude Juncker, J. Poos, Alex Bodry, Willem Kok, J. van Aartsen, F.H.G. de Grave, Kjell Magne Bondevik, K. Vollebæk, D.J. Fjærvoll, Jerzy Buzek, B. Geremek, J. Onyszkiewicz, Antonio Manuel de Oliveira Guterres, J.J. Matos da Gama, V. Simão, Jose Maria Aznar, A. Matutes, E. Serra Rexach, Bulent Ecevit, I. Cem and H. S. Turk.

NOTICE OF THE EXISTENCE OF INFORMATION CONCERNING SERIOUS VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW WITHIN THE JURISDICTION OF THE TRIBUNAL;

REQUEST THAT THE PROSECUTOR INVESTIGATE NAMED INDIVIDUALS FOR VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW AND PREPARE INDICTMENTS AGAINST THEM PURSUANT TO ARTICLES 18.1 AND 18.4 OF THE TRIBUNAL STATUTE.

WHEREAS the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 was established by the UN Security Council with “the power to prosecute persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1991 in accordance with the provisions of” its Statute (Article 1);

AND WHEREAS by Article 2 of the said Statute, the Tribunal has the power “to prosecute persons committing or ordering to be committed grave breaches of the Geneva Conventions of 12 August 1949, namely the following acts against persons or property protected under the provisions of the relevant Geneva Convention” including the following:

(a) wilful killing;

(c) wilfully causing great suffering or serious injury to body or health;

(d) extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.

AND WHEREAS by Article 3 of the said Statute, “the International Tribunal shall have the power to prosecute persons violating the laws or customs of war. Such violations shall include, but not be limited to:

(a) employment of poisonous weapons or other weapons to cause unnecessary suffering;

(b) wanton destruction of cities, towns or villages, or devastation not justified by military necessity;

(c) attack, or bombardment, by whatever means, of undefended towns, villages, dwellings, or buildings;

(d) seizure of, destruction or wilful damage done to institutions dedicated to religion, charity and education, the arts and sciences, historic monuments and works of art and science.

AND WHEREAS by Article 6 of the said Statute “the International Tribunal shall have jurisdiction over natural persons pursuant to the provisions of the present Statute;”

AND WHEREAS Article 7 of the said Statute provides for individual criminal responsibility thus:

1. A person who planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of a crime referred to in articles 2 to 5 of the present Statute, shall be individually responsible for the crime.

2. The official position of any accused person, whether as Head of State or Government or as a responsible Government official, shall not relieve such person of criminal responsibility or mitigate punishment.

3. The fact that any of the acts referred to in articles 2 to 5 of the present Statute was committed by a subordinate does not relieve his superior of criminal responsibility if he knew or had reason to know that the subordinate was about to commit such acts or had done so and the superior failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.

4. The fact that an accused person acted pursuant to an order of a Government or of a superior shall not relieve him of criminal responsibility, but may be considered in mitigation of punishment if the International Tribunal determines that justice so requires.

AND WHEREAS Article 8 of the said Statute provides that the territorial and temporal jurisdiction of the Tribunal “shall extend to the territory of the former Socialist Federal Republic of Yugoslavia, including its land surface, airspace and territorial waters. The temporal jurisdiction of the International Tribunal shall extend to a period beginning on 1 January 1991;”

AND WHEREAS by Article 9 of the said Statute “the International Tribunal and national courts shall have concurrent jurisdiction to prosecute persons for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1 January 1991” but the International Tribunal “shall have primacy over national courts;”

AND WHEREAS Article 18 of the said Statute provides inter alia that:

1. The Prosecutor shall initiate investigations ex-officio or on the basis of information obtained from any source, particularly from Governments, United Nations organs, intergovernmental and non-governmental organizations. The Prosecutor shall assess the information received or obtained and decide whether there is sufficient basis to proceed.

2. The Prosecutor shall have the power to question suspects, victims and witnesses, to collect evidence and to conduct on-site investigations. In carrying out these tasks, the Prosecutor may, as appropriate, seek the assistance of the State authorities concerned.

4. Upon a determination that a prima facie case exists, the Prosecutor shall prepare an indictment containing a concise statement of the facts and the crime or crimes with which the accused is charged under the Statute. The indictment shall be transmitted to a judge of the Trial Chamber.

AND WHEREAS the President of the Tribunal, Judge Gabrielle Kirk McDonald, in a press release of April 8, 1999, urged that:

All States and organisations in possession of information pertaining to the alleged commission of crimes within the jurisdiction of the Tribunal should make such information available without delay to the Prosecutor.

AND WHEREAS on April 30 in Geneva the United Nations High Commissioner for Human Rights Mary Robinson in a speech to the Commission cited a letter from the Prosecutor in which the Prosecutor stated: The actions of individuals belonging to Serb forces, the Kosovo Liberation Army (KLA), or NATO may come under scrutiny, if it appears that serious violations of international humanitarian law have occurred.

AND WHEREAS High Commissioner Robinson also stated in her speech:

In the NATO bombing of the Federal Republic of Yugoslavia, large numbers of civilians have incontestably been killed, civilian installations targeted on the grounds that they are or could be of military application and NATO remains sole judge of what is or is not acceptable to bomb. In this situation, the principle of proportionality must be adhered to by those carrying out the bombing campaign. It surely must be right to ask those carrying out the bombing campaign to weigh the consequences of their campaign for civilians in the Federal Republic of Yugoslavia.

AND WHEREAS NATO has carried out between 5,000 and 10,000 bombing missions over the territories of the former Yugoslavia since March 24, 1999;

AND WHEREAS NATO leaders have openly admitted targeting civilian infrastructure as well as military targets;

AND WHEREAS the list of targets has included fuel depots, oil refineries, government offices, power stations and communications links, such as roads, tunnels, bridges and railway links, including those not inside the region of, or in the vicinity of, Kosovo;

AND WHEREAS in addition to these deliberate attacks on civilian infrastructure and objects, there have been a great number of attacks which have caused direct physical harm and death to civilians;

AND WHEREAS it appears that these bombing missions have directly caused the death of approximately 1,000 civilian men, women and children and serious injury to 4,500 more;

AND WHEREAS instances of this nature include the 12 April bombing of a train travelling from Belgrade to Ristovac as it crossed the bridge spanning the Yuzhna Morava river at the Grdelica gorge, killing at least 10 passengers and wounding 16; the 15 April bombing of a refugee convoy in four separate locations along a 12 mile stretch of the road that runs from Prizren to Djakovica, killing approximately 74 people; the 23 April bombing of Serbian Television editorial offices, killing approximately 15 people; the 27 April bombing of a residential district in Surdulica, killing 16 people including 12 children; and the May 1 bombing of a bus on the Luzan bridge in Kosovo killing at least 34 people including 15 children;

AND WHEREAS, though the above-named NATO leaders have claimed that these incidents were accidents, they have also admitted that they were an inevitable result of their bombing strategy, a strategy which they appear to have continued unmodified and even to have intensified throughout these incidents;

AND WHEREAS there is ample evidence in the public statements of NATO leaders that these attacks on civilian targets are part of a deliberate attempt to terrorize the population to turn it against its leadership;

AND WHEREAS the NATO bombing has done an estimated $100 billion dollars in property damage and completely destroyed or seriously damaged dozens of bridges, railways and railway stations, major roads, airports, including civilian airports, hospitals and health care centres, television transmitters, medieval monasteries and religious shrines, cultural-historical monuments and museums, hundreds of schools, faculties and facilities for students and children, thousands of dwellings and civilian industrial and agricultural facilities;

AND WHEREAS refineries and warehouses storing liquid raw materials and chemicals have been hit causing environmental contamination and exposing the civilian population to the emission of poisonous gases;

AND WHEREAS the NATO bombings have also made use of weapons banned by international convention, including cruise missiles utilizing depleted uranium highly toxic to human beings;

AND WHEREAS credible detailed reports of the civilian death and destruction inflicted by the NATO bombing are attached as an Annex to this Notice;

AND WHEREAS THEREFORE there is abundant evidence that many instances of serious violations of international humanitarian law within the jurisdiction of the Tribunal have been committed by NATO forces in the attack on Yugoslavia commencing March 24 and continuing to this day;

AND WHEREAS this evidence is readily available to the Prosecutor in eyewitness, videotaped, televised and publicly broadcast reports, in press reports and on the Internet, and in the evidence presented by the Federal Republic of Yugoslavia in its current complaint against the NATO countries before the International Court of Justice;

AND WHEREAS all of the above-named persons, Heads of State and Government of the 19 NATO countries, their Foreign Ministers and Ministers of Defence, and officials and military leaders of NATO, have admitted publicly to having agreed upon and ordered these actions, being fully aware of their nature and effects;

AND WHEREAS the above-named persons have acted in open violation of the United Nations Charter, which provides in so far as is relevant:

Article 2 3 All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered. 4. All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.

Article 33 1 The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice. Article 37 1. Should the parties to a dispute of the nature referred to in Article 33 fail to settle it by the means indicated in that Article, they shall refer it to the Security Council. 2. If the Security Council deems that the continuance of the dispute is in fact likely to endanger the maintenance of international peace and security, it shall decide whether to take action under Article 36 or to recommend such terms of settlement as it may consider appropriate.

Article 39 The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.

Article 41 The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.

Article 42 Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.

Article 51 AND WHEREAS the NATO bombing has done an estimated $100 billion dollars in property damage and completely destroyed or seriously damaged dozens of bridges, railways and railway stations, major roads, airports, including civilian airports, hospitals and health care centres, television transmitters, medieval monasteries and religious shrines, cultural-historical monuments and museums, hundreds of schools, faculties and facilities for students and children, thousands of dwellings and civilian industrial and agricultural facilities;

AND WHEREAS refineries and warehouses storing liquid raw materials and chemicals have been hit causing environmental contamination and exposing the civilian population to the emission of poisonous gases;

AND WHEREAS the NATO bombings have also made use of weapons banned by international convention, including cruise missiles utilizing depleted uranium highly toxic to human beings;

AND WHEREAS credible detailed reports of the civilian death and destruction inflicted by the NATO bombing are attached as an Annex to this Notice;

AND WHEREAS THEREFORE there is abundant evidence that many instances of serious violations of international humanitarian law within the jurisdiction of the Tribunal have been committed by NATO forces in the attack on Yugoslavia commencing March 24 and continuing to this day;

AND WHEREAS this evidence is readily available to the Prosecutor in eyewitness, videotaped, televised and publicly broadcast reports, in press reports and on the Internet, and in the evidence presented by the Federal Republic of Yugoslavia in its current complaint against the NATO countries before the International Court of Justice;

AND WHEREAS all of the above-named persons, Heads of State and Government of the 19 NATO countries, their Foreign Ministers and Ministers of Defence, and officials and military leaders of NATO, have admitted publicly to having agreed upon and ordered these actions, being fully aware of their nature and effects;

AND WHEREAS the above-named persons have acted in open violation of the United Nations Charter, which provides in so far as is relevant:

Article 2 3 All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered. 4. All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.

Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security;

AND WHEREAS the International Court of Justice has stated in ruling against United States intervention in Nicaragua:

In any event, while the United States might form its own appraisal of the situation as to respect for human rights in Nicaragua, the use of force could not be the appropriate method to monitor or ensure such respect. With regard to the steps actually taken, the protection of human rights, a strictly humanitarian objective, cannot be compatible with de mining of ports, the destruction of oil installations, or again with de training, arming and equipping of the contras.

(CASE CONCERNING THE MILITARY AND PARAMILITARY ACTIVITIES IN AND AGAINST NICARAGUA (NICARAGUA v. UNITED STATES OF AMERICA) (MERITS) Judgment of 27 June 1986, I.C.J. Reports, 1986, p.134-135, paragraphs 267 and 268)

AND WHEREAS the above-named persons, Heads of State and Government of the 19 NATO countries, their Foreign Ministers and Ministers of Defence, and officials and military leaders of NATO have acted in open violation of the NATO Treaty which provides in so far as is relevant:

Article 1 The Parties undertake, as set forth in the Charter of the United Nations, to settle any international dispute in which they may be involved by peaceful means in such a manner that international peace and security and justice are not endangered, and to refrain in their international relations from the threat or use of force in any manner inconsistent with the purposes of the United Nations.

Article 7 This Treaty does not affect, and shall not be interpreted as affecting in any way the rights and obligations under the Charter of the Parties which are members of the United Nations, or the primary responsibility of the Security Council for the maintenance of international peace and security;

AND WHEREAS the above-named persons have acted in open violation of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977, which provides as follows:

CHARGES FOR THE HAGUE AGAINST THE NATO LEADERS – ONE OF THE INDICTMENTS Part 2

Art 51. – Protection of the civilian population

1. The civilian population and individual civilians shall enjoy general protection against dangers arising from military operations. To give effect to this protection, the following rules, which are additional to other applicable rules of international law, shall be observed in all circumstances.

2. The civilian population as such, as well as individual civilians, shall not be the object of attack. Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited.

3. Civilians shall enjoy the protection afforded by this section, unless and for such time as they take a direct part in hostilities.

4. Indiscriminate attacks are prohibited. Indiscriminate attacks are: (a) those which are not directed at a specific military objective; (b) those which employ a method or means of combat which cannot be directed at a specific military objective; or (c) those which employ a method or means of combat the effects of which cannot be limited as required by this Protocol; and consequently, in each such case, are of a nature to strike military objectives and civilians or civilian objects without distinction.

5. Among others, the following types of attacks are to be considered as indiscriminate: (a) an attack by bombardment by any methods or means which treats as a single military objective a number of clearly separated and distinct military objectives located in a city, town, village or other area containing a similar concentration of civilians or civilian objects; and (b) an attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated.

Article 79. Measures or protection for journalists 1. Journalists engaged in dangerous professional missions in areas of armed conflict shall be considered as civilians within the meaning of Article 50, paragraph 1.

Article 85. Repression of breaches of this Protocol

3. In addition to the grave breaches defined in Article 11, the following acts shall be regarded as grave breaches of this Protocol, when committed wilfully, in violation of the relevant provisions of this Protocol, and causing death or serious injury to body or health: (a) making the civilian population or individual civilians the object of attack; (b) launching an indiscriminate attack affecting the civilian population or civilian objects in the knowledge that such attack will cause excessive loss of life, injury to civilians or damage to civilian objects, as defined in Article 57, paragraph 2 (a)(iii);

5. Without prejudice to the application of the Conventions and of this Protocol, grave breaches of these instruments shall be regarded as war crimes.

AND WHEREAS the above-named persons have acted in open violation of the Principles of International Law Recognized in the Charter of the Nüremberg Tribunal and in the Judgment of the Tribunal, as adopted by the General Assembly of the united Nations (1950), which provide in so far as is relevant:

Principle III The fact that a person who committed an act which constitutes a crime under international law acted as Head of State or responsible Government official does not relieve him from responsibility under international law.

Principle IV The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him.

Principle VI The crimes hereinafter set out are punishable as crimes under international law:

(a) Crimes against peace: (i) Planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances; (ii) Participation in a common plan or conspiracy for the accomplishment of any of the acts mentioned under (i). (b) War crimes: Violations of the laws or customs of war include, but are not limited to, murder wanton destruction of cities, towns, or villages, or devastation not justified by military necessity.

Principle VII Complicity in the commission of a crime against peace, a war crime, or a crime against humanity as set forth in Principle VI is a crime under international law;

THEREFORE we respectfully request that the Prosecutor immediately investigate and indict for serious crimes against international humanitarian law:

THE FOLLOWING HEADS OF STATE AND GOVERNMENT, MINISTERS OF FOREIGN AFFAIRS AND MINISTERS OF DEFENCE OF THE NATO COUNTRIES:

William J. Clinton, Madeleine Albright, William S. Cohen (United States of America), Tony Blair, Robin Cook, George Robertson (United Kingdom), Jean Chrétien, Lloyd Axworthy, Arthur Eggleton (Canada), Jean-Luc Dehaene, E. Derycke, J.-P. Poncelet (Belgium), Vaclav Havel, J. Kavan, V. Vetchy (Czech Republic), Poul Nyrup Rasmussen, N.H. Petersen, H. Haekkerup (Denmark), Jacques Chirac, Lionel Jospin, H. Védrine, Alain Richard (France), Gerhard Schröder, J. Fischer, R. Scharping (Germany), Kostas Simitis, G. Papandreou, A. Tsohatzopoulos (Greece), Viktor Orban, J. Martonyi, J. Szabo (Hungary), David Oddsson, H. Asgrimsson, G. Palsson (Iceland), Massimo D’Alema, L. Dini, C. Scognamiglio (Italy), Jean-Claude Juncker, J. Poos, Alex Bodry (Luxembourg), Willem Kok, J. van Aartsen, F.H.G. de Grave (Netherlands), Kjell Magne Bondevik, K. Vollebæk, D.J. Fjærvoll (Norway), Jerzy Buzek, B. Geremek, J. Onyszkiewicz (Poland), Antonio Manuel de Oliveira Guterres, J.J. Matos da Gama, V. Simão (Portugal), Jose Maria Aznar, A. Matutes, E. Serra Rexach (Spain), Bulent Ecevit, I. Cem and H. S. Turk (Turkey);

AND THE FOLLOWING OFFICIALS AND MILITARY LEADERS OF NATO: Javier Solana, Jamie Shea, Wesley K. Clark, Harold W. German, Konrad Freytag, D.J.G. Wilby, Fabrizio Maltinti, Giuseppe Marani and Daniel P. Leaf;

AND WHOEVER ELSE shall be determined by the Prosecutor’s investigations to have committed crimes in the NATO attack on Yugoslavia commencing March 24, 1999.

Respectfully submitted, this 6th day of May, 1999

Michael Mandel (Professor) for W. Neil Brooks, Judith A. Fudge, H. J. Glasbeek, Reuben A. Hasson (Professors)

Sil Salvaterra, David Jacobs, Brian Shell, Christopher Black, John Philpot (Barristers and Solicitors)

Peter Rosenthal (Professor, Barrister and Solicitor)

Roberto Bergalli (Professor)

Alejandro Teitelbaum, Alvaro Ramirez Gonzalez, Vanessa Ramos, Beinusz Szmukler (American Association of Jurists)

The Yugoslav government has extensively documented war crimes carried out in the former Yugoslav republics and other crimes against humanity carried out in Kosovo since the arrival of the KFOR forces.


By Michael Mandel and others

Source: Fantompowa

Save 

RELATED POSTS
Why Is NATO In Yugoslavia?
Editor’s Note This paper was presented by the late Sean Gervasi at the Conference on the Enlargement of NATO in Eastern Europe and the Mediterrenean, Prague, 13-14 January 1996. It was published on Global Research when the Global Research website was launched on September 9, 2001. The late Sean Gervasi had tremendous foresight. He understood the process of NATO enlargement several years before it actually unfolded into a formidable military force.  He had also predicted the breakup of Yugoslavia as part of a US-NATO project. See also Sean Gervasi’s 1993 video interview Introduction The North Atlantic Treaty Organization has recently sent a large task force into ...
READ MORE
Documentary Film: “Kosovo: Can You Imagine?” (2009, Canada)
“Kosovo: Can You Imagine?” is a documentary film by Canadian film maker Boris Malagurski, about the Serbs that live in Kosovo and the lack of human rights that they have today, in the 21st century. Most of the Kosovo Serbs have been ethnically cleansed by the Albanians who make up the majority of Kosovo. Kosovo has been under UN administration since 1999 when NATO bombed Serbia for 78 days to halt a crackdown on ethnic Albanian separatism in its province of Kosovo. In the years following the war, thousands of Serbs were expelled from their homes, kidnapped and killed. Their houses, cultural and ...
READ MORE
The 2014 coup d’état and the Ukrainian crisis
The current Ukrainian crisis and in fact civil war which stared at the very end of 2013 are grounded in for decades lasting internal interethnic antagonisms primarily on the Ukrainian-Russian relations including above all the “Crimean Question” as an apple of discord from 1954 between Ukraine and Russia.[1] The crisis came from Lithuania’s capital Vilnius were in November 2013 an Association Agreement between the EU and Ukraine had to be signed. Lithuania at that time (July 1st−December 31st, 2013) presided the European (Union) Council and formally had a full political responsibility for the breaking out of the crisis as being ...
READ MORE
The Criminalization of Parliamentary Democracy
Syria is being bombed as part of a “counter-terrorism campaign” allegedly against the Islamic State, an elusive “outside enemy” based in Raqqa, Northern Syria. While the ISIL is said to be “threatening the Western World”, the evidence confirms that the Islamic State is supported and financed by the Western military alliance, together with Turkey, Israel, Saudi Arabia and the Gulf states.  Amply documented, Al Qaeda and its various affiliates including the Islamic State Caliphate Project are creations of Western intelligence.  Moreover, whatever the justification, the bombing of a sovereign country is an illegal and criminal act under international law. It constitutes a war of ...
READ MORE
Will Washington Kill Us All?
Did you know that Washington keeps 450 nuclear ICBMs on “hair-trigger alert”? Washington thinks that this makes us “safe.” The reasoning, if it can be called reason, is that by being able to launch in a few minutes, no one will try to attack the US with nuclear weapons. US missiles are able to get on their way before the enemy’s missiles can reach the US to destroy ours. If this makes you feel safe, you need to read Eric Schlosser’s book, Command and Control. The trouble with hair-triggers is that they make mistaken, accidental, and unauthorized launch more likely. Schlosser provides ...
READ MORE
Dysfunction in the Balkans: Can the post-Yugoslav settlement survive?
The political settlement in the former Yugoslavia is unraveling. In Bosnia, the weakest state in the region, both Serbs and Croats are mounting a concerted challenge to the Dayton peace accords, the delicate set of compromises that hold the country together. In Macedonia, political figures from the large Albanian minority are calling for the federalization of the state along ethnic lines. In Kosovo, the Serb minority is insisting on the creation of a network of self-governing enclaves with effective independence from the central government. In Serbia’s Presevo Valley, Albanians are agitating for greater autonomy. In Montenegro, Albanians have demanded a ...
READ MORE
These Are all the Countries Where the US Has a Military Presence (in 2015)
On Mar. 24, US president Barack Obama announced that all 9,800 US troops currently stationed in Afghanistan will remain until the end of 2015. This generated a fair amount of criticism: it was, after all, Obama’s promise that the last American troop would leave the country in 2014. How have Obama’s plans for pulling out of Afghanistan fared so far? Those expecting the US to leave Afghanistan, however, should take a minute to consider this: the US still hasn’t left Germany. In fact, there are quite a few places the US hasn’t left, and while certainly most of them don’t pose a threat to American soldiers, ...
READ MORE
Democratic Front of Montenegro will continue to fight against NATO membership
The opposition in Montenegro unanimously decided to boycott the local elections in Niksic, scheduled for March 12. This decision was made in protest against the political trial against the deputies from the Democratic Front (DF) Andrija Mandic and Milan Knežević. DF, Democratic Montenegro, Demos, civil movement URA, the Social Democrats and the Socialist People’s Party refused to participate in the elections after the Mandic and Knežević were deprived of parliamentary immunity. Andrija Mandic said that the prosecution was launched in order to weaken the Democratic Front. He added that he wants to raise the question about the legitimacy of the removal ...
READ MORE
The History of the CIA
When I began reading the work of Douglas Valentine about six years ago, I had not read his books, only the articles that the US online journal Counterpunch had published. In fact I only began reading Counterpunch because of the accident of having been introduced to the two original editors of what was then only a printed newsletter. Later I was even able to publish a few pieces in that journal before its more famous founding editor’s demise. Why do I preface a book review with such personal observations? To that question I will return later. After reading numerous articles I ...
READ MORE
Warning! Neocons Are Close To Starting a Nuclear War With Russia
We, the undersigned, are Russians living and working in the USA. We have been watching with increasing anxiety as the current US and NATO policies have set us on an extremely dangerous collision course with the Russian Federation, as well as with China. Many respected, patriotic Americans, such as Paul Craig Roberts, Stephen Cohen, Philip Giraldi, Ray McGovern and many others have been issuing warnings of a looming a Third World War. But their voices have been all but lost among the din of a mass media that is full of deceptive and inaccurate stories that characterize the Russian economy ...
READ MORE
Mass Killings Of Serbs for organs only boosted in Kosovo, but it started earlier: in Croatia, Vukovar
Contrary to the popular belief, the bloodiest trade in history ( when organs were taken away from captured and imprisoned Kosovo Serbs),  did not begin in Kosovo, but in Croatia. As reported by the Serbian media in the process  conducted by EULEX mission in Kosovo , ” one of the accused confessed about  participating in human organ sale”. Driton Jiljta  pleaded guilty to the indictment charging him with “abuse of authority and illegal medical activity.” This case is  apart of larger process and the prosecution has charged seven Albanians and two foreigners for trafficking , organized crime and transplantation formulized as  “illegal ...
READ MORE
The Nato-aggression against the Federal Republic of Yugoslavia in 1999
Was Serbia attacked in 1999? To answer that question, Milica-Hänsel Radojkovic draws on period documents (including Willy Wimmer’s letter to Chancellor Gerhard Schröder). He highlights the unacceptability of the Rambouillet proposals, designed to justify a war that had already started. Fourteen years ago, after the negotiation conferences in Rambouillet and Paris between 6th and 23rd February 1999, the global media informed the general public that “the Serbian delegation did not accept the offered agreement and rather qualified it as null and void”, while indicating that allegedly the so-called Contact Group for Yugoslavia stood behind the agreement. This body consisted of ...
READ MORE
The Birkenstock Bomber: When Bernie Did Serbia
The most useful parable about progressives is that offered by Bernard Sanders, self-styled “socialist-progressive-independent” rep from Vermont. Sanders owes his political career to rage against the Vietnam War among radicals, many of whom moved into the state in the early 1970s. They forthwith planned a long-term, carefully organized, assault on Vermont’s two-party structure. Sanders linked his political ambitions to this effort to organize a third force, the Progressive Alliance. He became mayor of Burlington and, later, congressman. At a rapid clip the emphasis moved from party-building to Sanders-building. By 1994, it was apparent that the only movement B. Sanders was interested in ...
READ MORE
“Je Suis CIA”
Note: This article was first published in January 2015. Since 9/11, the imperial playbook has consisted of a favorite and time-tested tactic: the false flag operation. Carry out or facilitate a spectacular atrocity. Blame it on the enemy of choice. Issue a lie-infested official narrative, and have the corporate media repeat the lie. Rile up ignorant militant crowds, stoke the hatred, and war-mongering imperial policy planners and their criminal functionaries get what they want: war with the public stamp of approval. Here we are again. The Charlie Hebdo incident is being sold as “the French 9/11”. It certainly is, in all of the most ...
READ MORE
The Cold War, Continued: Post-Election Russophobia
  Mainstream TV news anchors including MSNBC’s Chris Hayes are reporting as fact—with fuming indignation—that Russia (and specifically Vladimir Putin) not only sought to influence the U.S. election (and—gosh!—promote “doubt” about the whole legitimacy of the U.S. electoral system) but to throw the vote to Donald Trump. The main accusation is that the DNC and Podesta emails leaked through Wikileaks were provided by state-backed Russian hackers (while they did not leak material hacked from the Republicans).  I have my doubts on this. Former U.S. ambassador to Uzbekistan and torture whistle-blower Craig Murray, a friend of Julian Assange, has stated that the DNC ...
READ MORE
Bush Family Links To Nazi Germany: “A Famous American Family” Made Its Fortune From The Nazis
“A  famous American family” made its fortune from the Nazis, according to John Loftus’ documented historical analysis.     The Bush family links to Nazi Germany’s war economy were first brought to light at the Nuremberg trials in the testimony of Nazi Germany’s steel magnate Fritz Thyssen. Thyssen was a partner of George W. Bush’s grandfather Prescott Bush:  From 1945 until 1949 in Nuremberg, one of the lengthiest and, it now appears, most futile interrogations of a Nazi war crimes suspect began in the American Zone of Occupied Germany. Multibillionaire steel magnate Fritz Thyssen-the man whose steel combine was the cold heart of the Nazi war machine-talked and ...
READ MORE
Crazed Washington Drives The World To The Final War
John Pilger is the kind of well-informed, hard-hitting journalist with gobs of integrity that no longer exists in the Western mainstream media. He has the most distinguished career of all in the business. In the article below he brings stunning information to one of my own themes–the creation by Washington and its NATO vassals of an artificial reality consisting entirely of propaganda into which Washington has placed the entire Western world and all outside who inspire to be part of it. Westerners live in The Matrix, and the presstitutes keep them there. The New York Times, Wall Street Journal, NPR, and ...
READ MORE
“Yugoslavia” Again: Terrorist 007
The US media has done it again. In a breaking news story on Fox News on Friday, September 28, 2007, Fox reporter Catherine Herridge used the term “former Yugoslavia” twice in the Fox story “Terrorist 007”. The term Yugoslavia was used deliberately to conceal the fact that the Al Qaeda terrorist known as Terrorist 007, or Irhabi 007 in Arabic, Younes Tsouli, had ties to Bosnia and to Bosnian Muslims who planned terrorist attacks. Fox News sought to conceal this Al Qaeda connection to Bosnia by using the term “former Yugoslavia” in place of “Bosnia”. This was deliberate and planned. Someone ...
READ MORE
Videos On Ex-Yugoslavia: Reverse Side Of The Truth
Four Serbian monasteries from the Middle Ages in Kosovo and Metohija still not destroyed by local Albanians Четири српска средњевековна манастира на Косову и Метохији која још увек нису срушена од стране месних Шиптара U.S.A. documentary movie about the fabricated lies by Bosnian Muslims and Croats about the civil war in Titoist Bosnia & Herzegovina and Croatia during the time of the destruction of Yugoslavia, 1991-1995. This documentary movie (26 min.) was never publically shown. Документарни филм у трајању од 26 минута производње Сједињених америчких држава о исфабрикованим лажима од стране босанских муслимана и Хрвата о грађанском рату на просторима титоистичке Босне и ...
READ MORE
Hillary’s Agenda Here And Abroad Intertwined: “Full Spectrum Dominance” Around The Globe, A Swelling Precariat At Home
Harry Truman surprised Americans with his call for European-style government guaranteed health care for all, Johnson with the extent of the Great Society reforms, and even Nixon with the avalanche of regulatory legislation and social spending he approved, outperforming Johnson on a number of “Keynesian” fronts. Hillary Clinton will offer no such surprises. Her consistent record in the context of the Party’s rightward gallop allows us to infer with iron confidence what we can expect from the Monstress on both the foreign and domestic fronts. Her coming onslaught against the working population combines neoliberal austerity with some of the dominant strategies ...
READ MORE
Why Is NATO In Yugoslavia?
Documentary Film: “Kosovo: Can You Imagine?” (2009, Canada)
The 2014 coup d’état and the Ukrainian crisis
The Criminalization of Parliamentary Democracy
Will Washington Kill Us All?
Dysfunction in the Balkans: Can the post-Yugoslav settlement survive?
These Are all the Countries Where the US Has a Military Presence (in 2015)
Democratic Front of Montenegro will continue to fight against NATO membership
The History of the CIA
Warning! Neocons Are Close To Starting a Nuclear War With Russia
Mass Killings Of Serbs for organs only boosted in Kosovo, but it started earlier: in Croatia, Vukovar
The Nato-aggression against the Federal Republic of Yugoslavia in 1999
The Birkenstock Bomber: When Bernie Did Serbia
“Je Suis CIA”
The Cold War, Continued: Post-Election Russophobia
Bush Family Links To Nazi Germany: “A Famous American Family” Made Its Fortune From The Nazis
Crazed Washington Drives The World To The Final War
“Yugoslavia” Again: Terrorist 007
Videos On Ex-Yugoslavia: Reverse Side Of The Truth
Hillary’s Agenda Here And Abroad Intertwined: “Full Spectrum Dominance” Around The Globe, A Swelling Precariat At Home