| Symbolic ‘war crimes’ tribunal to try Bush, Blair ~ time for a Real Trial next indicting Obomber too!

| Symbolic ‘war crimes’ tribunal to try Bush, Blair ~ time for a Real Trial next indicting Obomber too!

Symbolic ‘war crimes’ tribunal to try Bush, Blair

By SEAN YOONG,

KUALA LUMPUR, Malaysia (AP) — Malaysian-led activists will hold a symbolic trial this month for former President George W. Bush and British ex-leader Tony Blair on charges of committing crimes against peace in the Iraq war, the event’s organizers said Tuesday.

The Kuala Lumpur War Crimes Tribunal is an initiative of Malaysia’s retired Prime Minister Mahathir Mohamad, who staunchly opposed the U.S.-led invasion of Iraq in 2003.

The tribunal will convene a four-day public hearing starting Saturday to determine whether Bush and Blair committed crimes against peace and violated international law in the Iraq invasion, said Malaysian lawyer Yaacob Hussain Marican.

“For these people who have been immune from prosecution, we want to put them on trial in this forum to prove that they committed war crimes,” Yaacob told The Associated Press.

Activists sent information about the charges to Bush and Blair recently but received no response, Yaacob said.

Francis Boyle, an American international law professor based in Illinois, will be among the prosecutors at the hearing, which follows two years of investigations by a Malaysian peace foundation founded by Mahathir that looked into complaints by people affected by the Iraqi war.

The effort is modeled after a 1967 Vietnam war crimes panel convened in Sweden and Denmark by philosophers Bertrand Russell and Jean-Paul Sartre, Yaacob said. The Vietnam tribunal said the U.S. committed acts of aggression against Vietnam and bombarded civilian targets, but it was mostly ignored in United States.

The Kuala Lumpur tribunal will have a seven-member panel of judges including two retired judges from Malaysia’s highest court, peace activist Alfred Lambremont Webre of the United States and Mumbai-based lawyer Niloufer Bhagwat of India.

If the tribunal finds Bush and Blair guilty, it will enter their names into a symbolic “Register of War Criminals.”

The tribunal is also scheduled to hold a separate hearing next year on charges of torture linked to the Iraq war against former U.S. officials including ex-Vice President Dick Cheney, former Secretary of State Donald Rumsfeld and ex-Attorney General Alberto Gonzales, Yaacob said.

Also see earlier blog post:

| Witness legal history being made by the in absentia due trial of Bush + Blair for War Crimes: Nov 19-22! http://wp.me/p1xXtb-nb

Al Jazeera World: Gaza Lives On

The more israel wants to break and destroy Palestine and her People, the more determined the Palestinian People are to live and save their country, cultures and beliefs.

Uploaded by AlJazeeraEnglish on Nov 15, 2011

The Israeli blockade may have taken a heavy toll on Gazans, but this film reveals life and hope among the devastation.

Vodpod videos no longer available.

Truth about gaza (WAKE UP WORLD)!

The Israeli-Palestinian conflict is one of the worlds major sources of instability. Americans are directly connected to this conflict, and increasingly imperiled by its devastation.

It is the goal of If Americans Knew to provide full and accurate information on this critical issue, and on our power and duty to bring a resolution.

“I saw the images and they were disturbing. Images are of the Israeli assault against civilians in Gaza. I did not imagine things in Gaza are going as they are; therefore I forwarded it on to you so that you witness the crimes against humanity that the Israelis carry out.”

Vodpod videos no longer available.

Ma’an News Agency: UN statehood bid ‘threatens Palestinian rights’

Published today (updated) 24/08/2011 20:28

Palestinian Abbas addresses the United Nations General Assembly at UN headquarters in New York [MaanImages/Omar Rashidi, File]

BETHLEHEM (Ma’an) — The Palestinian team responsible for preparing the United Nations initiative in September has been given an independent legal opinion that warns of risks involved with its plan to join the UN.

An initiative to transfer the Palestinians’ representation from the PLO to a state will terminate the legal status held by the PLO in the UN since 1975 that it is the sole legitimate representative of the Palestinian people, according to the document.Crucially, there will no longer be an institution that can represent the inalienable rights of the entire Palestinian people in the UN and related international institutions, according to the brief.Representation for the right to self-determination will be gravely affected, as it is a right of all Palestinians, both inside and outside the homeland, the opinion says. A change in status would severely disenfranchise the right of refugees to return to their homes and properties from which they were displaced.

The seven-page opinion, obtained by Ma’an, was submitted to the Palestinian side by Guy Goodwin-Gill, a professor of public international law at Oxford University and a member of the team that won the 2004 non-binding judgement by the International Court of Justice that the route of Israel’s wall was illegal.

The Palestinian team, headed by Saeb Erekat, has been preparing an initiative to replace the PLO at the UN, substituting it with the State of Palestine as the representative of the Palestinian people.An actual state cannot be created in September, as Israel’s occupation continues, so the debate is focused on whether membership should be requested from the Security Council or if the General Assembly should be asked to grant recognition of a state as an “observer,” a status that conveys less than full UN membership.

Yet, almost no considerations have been made in terms of the dramatic legal implications for Palestinian rights which this legal brief says will occur should the PLO lose its status.

The brief is to “flag the matters requiring attention” so that a substantial amount of people who have interests in, for example, the right of return, are not “accidentally disenfranchised.”

First of all, the prospect of substituting the PLO with the State of Palestine raises “constitutional” problems in that they engage the Palestinian National Charter and the organization and entities which make up the PLO, according to the brief. Second is “the question of the ‘capacity’ of the State of Palestine effectively to take on the role and responsibilities of the PLO in the UN; and thirdly, the question of popular representation,” the opinion says.

The Palestinian Authority, which was established by the PLO as a short-term, administrative entity, “has limited legislative and executive competence, limited territorial jurisdiction, and limited personal jurisdiction over Palestinians not present in the areas for which it has been accorded responsibility,” the brief points out.

It notes that the PA “is a subsidiary body, competent only to exercise those powers conferred on it by the Palestinian National Council. By definition, it does not have the capacity to assume greater powers.”

The PA cannot “dissolve” its parent body or establish itself independently of the PNC and the PLO, the report also says. Moreover, it is the PLO and the PNC which derive their legitimacy “from the fact that they represent all sectors of the displaced Palestinian people, no matter where they presently live or have refuge.”

Particularly crucial are the potential implications for Palestinians in the Diaspora. The majority of Palestinians are refugees, and all of them are represented by the PLO through the PNC.

“They constitute more than half of the people of Palestine, and if they are ‘disenfranchised’ and lose their representation in the UN, it will not only prejudice their entitlement to equal representation … but also their ability to vocalise their views, to participate in matters of national governance, including the formation and political identity of the State, and to exercise the right of return,” the legal briefing says.

Karma Nabulsi, a former PLO representative and now a professor at Oxford University, says she is familiar with the document. Palestinian officials have also seen the legal opinion, she says.

“Without question, no Palestinian will accept losing such core rights for such a limited diplomatic initiative in September,” she says. “First, we will not have liberated territory upon which to establish a State. But in losing the PLO as the sole legitimate representative at the UN, our people immediately lose our claims as refugees to be part of our official representation, recognized by the world.

“This is an urgent and critical issue for our whole people. We must ensure our representatives advance our rights in international forum, not weaken or endanger them. Of course now that the legal dangers have been raised so fully, I am confident the initiative will protect the status of the PLO as sole legitimate representative in the UN in order to advance the rights” of the Palestinian people.

Nabulsi says Goodwin-Gill opinion has defined and clarified the “red lines” in legal terms.

“The PLO is the representative of the people, not just a part of the people; the PLO is the architect and creator of the Palestinian Authority; that any change in who represents the people or a part of the people requires an expression of the popular will and international recognition,” she explained.

“Neither the Palestinian Authority nor the PLO can alter the role and structure of the PLO without the agreement of the entire Palestinian people. In any case, the PLO and the Palestinian people were not aware that by losing the PLO as representative at the UN, it would create such legal dangers. Now they are.”

She concluded: “Obviously, we need clarity from the PLO on this critical issue, and it is important that the Palestinian public everywhere, especially the refugees in the [Diaspora], are given concrete reassurances that representation of their core rights — on both representation and right of return — will remain untouched in September.”

In the weeks ahead, the IMEU will offer journalists a series of informative and timely briefings on the Palestinian bid for statehood at the UN.

Please join us online or by phone this Thursday, August 25, 2011, for the first of these briefings:

“Escalation in the Occupied Territories: Will Violence Derail Palestinian UN Vote Before September?” 

As the September UN vote on Palestinian statehood approaches, Israel has ratcheted up its military incursions around the West Bank. In Hebron this past Monday an Israeli raid resulted in dozens of injuries and arrests. In Jenin, the renowned Freedom Theater has come under intense harassment, with young actors being detained without charge for weeks on end. And after unknown assailants in the Sinai killed eight Israelis, Israel subjected Gaza to two days of bombing despite the fact that Gaza groups denied responsibility for the attack. The bombardment of Gaza — which left 15 Palestinians dead, at least 5 of whom were civilians, including a two-year-old and a 13-year-old child — threatened a new outbreak of violence and briefly ended the unilateral ceasefire enforced by Hamas in the coastal strip for the past two years. The uptick in tensions has left many Palestinians wondering whether Israel is hoping to stir up unrest in order to derail the upcoming push for Palestinian statehood.

We hope you will join this timely discussion.

WHEN: Thursday, August 25, 2011 @ 11:30 AM ET.

GUEST: Diana Buttu, former legal adviser to Palestinian negotiators and a current Fellow at the Belfer Center for Science and International Affairs at Harvard’s Kennedy School of Government. Ms. Buttu is also a Policy Advisor to Al-Shabaka, The Palestinian Policy Network.

LISTEN live by calling (347) 989-8355 or by visiting http://www.blogtalkradio.com/imeu/2011/08/25/escalation-will-violence-derail-palestinian-un-vote-before

HOW: QUESTIONS may be posed live via telephone, by pressing 1 during the call to be placed in the queue, by live chat on the press briefing webpage, or via Twitter by including @THEIMEU in your tweet with your question.

If you miss the call, the discussion will be archived at the link above or you can find it by visiting the IMEU at www.imeu.net.

CONTACT: Call Ismail Khalidi at (646) 824-7982 or email ismail@imeu.net for quick access to sources in the U.S., Israel and Palestine for this and other developing stories.