This was a trial set in the style and pomp of the International Court, with all proceedings strictly adhering to international rules of justice and fair play. Since the two accused were not present, an amicus curiae * was appointed to provide adequate defence for the accused. Nothing can diminish the findings of the court, even though its findings are declaratory of the law. (* amicus curiae – Latin: friend of the court; is the counsel who assists the court by putting arguments in support of an interest that might not be adequately represented by the parties to the proceedings, or by arguing on behalf of a party who is otherwise unrepresented.)
Until now the international community has done nothing to right a terrible wrong. Not even the International Criminal Court (ICC) in The Hague has been prepared to file charges against the former president of the United States of America and the former prime minister of Great Britain.
Presiding judge, Datuk Abdul Kadir Sulaiman told a packed courthouse that both the accused had acted with deceit, selectively manipulated international law and committed an unlawful act of aggression and an international crime by invading Iraq in 2003. The Tribunal also suggested that the KLWCC file a report with the ICC against both the accused under the Nuremberg principles and include reports of genocide and crimes against humanity committed by Bush and Blair. (see story on verdict, page 15)
It is noteworthy that the United Nations Security Council (UNSC) has the power to refer a non-signatory to the ICC (as it did with Dafur and Libya). However, due to the tremendous influence the U.S. has in the UN, the UNSC will not refer U.S. citizens to the ICC. It was Malaysia that has taken the lead in seeking justice. It took the elder statesman of the country, Tun Dr Mahathir Mohamad to lend his support, encouragement and leadership to convene a Tribunal made up of eminent local and international judges and to obtain this first-ever guilty verdict against the two accused.
Q: Why have you lent your support to this Tribunal? Tun Dr Mahathir: I cannot understand why when killing one person is considered murder and the perpetrator can be sentenced to death if found guilty, but for people who make decisions to wage war that can lead to the killing of hundreds or even thousands, nothing seems to be done. To me that is wrong. If you kill, that is murder. Whether it is one or hundreds, that is murder. That is why I feel that leaders of Governments must not use war as a means to settle disputes. This must be a public policy. Instead they (leaders) should seek to negotiate, go for arbitration or even take up the matter in a court of law.
L to R: Tun Dr Siti Hasmah, Tun Dr Mahathir with Dato’ Dr Yaacob Merican, the Secretary General of the KLFCW
For whatever reason, the ICC and other countries have turned a blind eye to the mass murder of some 1.4 million Iraqis since the invasion began. In fact the ICC has been approached with more than 240 complaints, but its chief prosecutor, a European, has ruled that the complaints do not have “sufficient gravity” to merit prosecution. The ICC was set up under the Rome Statute, a treaty that has been ratified by most Western countries except the U.S. The ICC has relied on this fact as grounds for not prosecuting U.S. citizens.
This Tribunal could not have taken place without the support of one man – Tun Dr Mahathir Mohamad. The former premier was ever present at the four day hearings, even waiting for the panel of judges to reach their verdict on the final day. Tun Dr Mahathir granted The Globalist an exclusive interview in which he talked about the tribunal, the move to criminalize war and other topics.
NOVEMBER 2012 CRIMINALISE WAR
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