KLFCW Vol1 No4.indd 1
10/28/2013 2:10:19 PM
Criminalising War :
Involves each and every single soul. Regardless of age and race.
Kuala Lumpur Foundation To
CRIMINALISE WAR W A R I S A B O U T K I L L I N G, M A S S I V E K I L L I N G
KLFCW Vol1 No4.indd 2
KUALA LUMPUR FOUNDATION TO CRIMINALISE WAR 2ND FLOOR, NO 88, JALAN PERDANA, TAMAN TASEK PERDANA 50480 KUALA LUMPUR Tel: 603 2092 7212 / 603 2092 7210 / 603 2092 7214 Fax: 603 2273 2212 Email: firstname.lastname@example.org Website: www.criminalisewar.org
10/28/2013 2:10:21 PM
The future generation has a role to play. It is going to be a long struggle but I am sure if young people realise the need to criminalise war, the
need to promote peace, then God willing, peace can be achieved.
Tun Dr. Mahathir Mohamad - On the Conferment of the Mahathir Award for Global Peace to Former South African President Nelson Mandela OCT 2013 CRIMINALISE WAR
KLFCW Vol1 No4.indd 1
10/28/2013 2:10:24 PM
Publisher KUALA LUMPUR FOUNDATION TO CRIMINALISE WAR 2ND FLOOR, NO 88, JALAN PERDANA, TAMAN TASEK PERDANA 50480 KUALA LUMPUR Tel : 603 2092 7212 / 603 2092 7210 / 603 2092 7214 Fax : 603 2273 2212 Email : email@example.com Website : www.criminalisewar.org
Editor G.S. KUMAR Editorial Board ALA AAZRAA MERICAN AZIMAH NOR HAMZAN NUR QISTINA GANDING Design & Layout FUTRI NAJLA SALLEH
Printer INDAH MULTIPURPOSE TRADING & SERVICES
FOREWORD BY DATO’ FREIDA PILUS
FROM THE DESK OF THE SECRETARY-GENERAL
THE LAUNCH OF 2ND CRIMINALISE WAR CLUB AT CEMPAKA INTERNATIONAL SCHOOL, CHERAS
ANOTHER CWC LAUNCHED
JUDGMENT OF THE KUALA LUMPUR WAR CRIMES TRIBUNAL
CRIMINALISE WAR OCT 2013
KLFCW Vol1 No4.indd 2
10/28/2013 2:10:29 PM
ABOU GHRAIB NEVER EXISTED!
NOTES FROM A DIARY...
A FEW GOOD MEN......
DOES ISRAEL WANT PEACE OR TO PLAY THE BLAME GAME?
DRONE KILLING IS A WAR CRIME
CWC SEPT 2013
SYRIA - A WAR AVERTED
THE NOBEL PEACE PRIZE FOR 2013
STATEMENT BY THE OPCW DIRECTOR-GENERAL ON THE 2013 NOBEL PRIZE FOR PEACE
LIFETIME AWARD FOR GLOBAL PEACE
CAMBODIA, A LIVING LEGACY TO A TERRIBLE PAST
CHILDREN’S CHARTER TO CRIMINALISE WAR
WILL YOU LIVE TO SEE ANOTHER DAY?
FACE-TO-FACE WITH TUN DR. SITI HASMAH & DR. YAACOB MERICAN
CHARTER OF THE KUALA LUMPUR FOUNDATION TO CRIMINALISE WAR
OCT 2013 CRIMINALISE WAR
KLFCW Vol1 No4.indd 3
10/28/2013 2:10:37 PM
FOREWORD BY Dato’ Freida Pilus
t has been a great pleasure to be associated with the Kuala Lumpur Foundation to Criminalise War (KLFCW) and especially this publication, Criminalsie War. It has directly led to the Cempaka Group of Schools now having the Criminalsie War Club (CWC), the first of its kind in the private education sector. We are grateful that the Founder of CWC, YAB Tun Dr Siti Hasmah Mohd Ali graced the launch. The CWC is of utmost importance to all of us, for it aims at spreading the simple but poignant message that war is a crime. While we live in comparative safety here in Malaysia, devoid of natural calamities and man-made wars of destruction, we are aware of the terrible human sufferings of our fellow beings in other parts of the world. The KLFCW through its work has helped galvanise attention to the terrible atrocities heaped on women and children, who mainly the greatest victims, while armed forces wage their agenda. The Foundation has given hope to those who have nowhere else to turn to even voice their grievances. At the same time, we in Malaysia have become more aware of what we have only seen in television footage or periodicals – the true nature of human sufferings imposed by other humans with superior armaments. It thus becomes even more important that children, who are our leaders of the future, truly understand the nature of conflict and brute force. While conflicts can happen anywhere and even in families, never should it blossom into a full scale battle. The only way is to negotiate, to
seek solutions in a civil manner and to keep level and cool heads. I am personally proud to now have a CWC within our midst, and I am sure that the members will themselves create activities that teach the art of negotiation, of understanding, of learning from history and in helping to create a peaceful and non-combatant country here. In time, as they become voting citizens, they will help foster this message to the rest of the country. This is the long and hard struggle but I remain confident that the Cempaka CWC will play its role in the goals and aims of the very noble ideal that has been created.
DATO’ FREIDA PILUS Founder-Mentor Cempaka Group of Schools
CRIMINALISE WAR OCT 2013
KLFCW Vol1 No4.indd 4
10/28/2013 2:10:39 PM
The conviction of those responsible for crimes committed during Sierra Leone’s conflict has brought some measure of justice for the tens of thousands of victims. The conviction of Charles Taylor must pave the way for further prosecutions.
- Stephanie Barbour, head of Amnesty’s Centre for International Justice in The Hague.
(Charles Taylor, the former leader of Liberia was found guilty at his trial of 11 crimes including terrorism, rape, murder and the use of child soldiers by rebel groups in neighbouring Sierra Leone during the vicious civil war of 19912002.
Judge Richard Lussick
At the trial, Judge Richard Lussick said that they were “some of the most heinous crimes in human history” )
OCT 2013 CRIMINALISE WAR
KLFCW Vol1 No4.indd 5
10/28/2013 2:10:47 PM
FROM THE DESK OF THE
have been constantly reminded that into every life some rain must fall, as fair weather has to give way at some time. But stoppages or blockades are but the very fabric of life. That everything good is not that good in the long run – there has to be adversities as well.
The case in point is the unfinished work of the recent Kuala Lumpur War Crimes Tribunal Hearing on Palestine, Sabra and Shatila. While there have been disgruntlement and disagreements on the composition of the panel of judges and other procedural matters, the hearings were postponed sine die and will resume this coming November. Justice hopefully will be served. It is for that very reason that we have this Kuala Lumpur Foundation to Criminalise War (KLFCW). We are here to provide those who have had injustices and even torture heaped upon them to seek justice and to have their side of the story told to the uninformed and unsuspecting world. That big powers have indeed meted out inhuman treatment and continue to do so at this very moment, is cause for concern. Far too many distractions have prevented the world from acting against those who harm with impunity.
in the country, this time in a private institution. With so much of effort and sincerity, the KLFCW is heartened by the response to this initiative. Added to this, a group from the pioneer CWC in Tunku Kurshiah College went to Cambodia on a fact-finding and education tour as part of its overall activities. Such an initiative deserves the support and encouragement from the KLFCW and all those concerned with the CWC. I am confident that the students and even the parents who have gone on this trip will have gained much in experience. For in them we have placed our hope that the message of “war is a crime” will be spread to young citizens especially and even the elders. This is the fourth issue of Criminalise War, a feat in itself, as we grapple with funding and attaining acceptance in the country. But it is our resolve that despite the lack of support and the apparent apathy, this publication will be out every quarter. We cannot afford to give up our struggle for we know that it’s a long and hard road ahead.
We are fortunate that another Arab invasion has been stopped, with common sense prevailing on the issue of Syria. Let us hope that this is the beginning of “negotiated settlements” in other hot spots the world over. On a much brighter note, I have the pleasure to record the launch of the second Criminalise War Club (CWC)
DR YAACOB HUSAIN MERICAN
Secretary-General Kuala Lumpur Foundation to Criminalise War Inc
CRIMINALISE WAR OCT 2013
KLFCW Vol1 No4.indd 6
10/28/2013 2:10:47 PM
On your young shoulders, a great burden has been placed. Accept it as you
have chosen to be pioneer members of the CWC. This is service, so expect very little reward, for the greatest reward will only come when we have succeeded in teaching others that Wars Solve Nothing….that children and mothers have
paid the ultimate price because someone in power has an agenda to grab your land, your oil, your minerals. We cannot and must not allow this to happen, anywhere in the world.
YAB Tun Dr. Siti Hasmah Mohd Ali Founder of Criminalise War Club - officiating the Launch of The Criminalise War Club at Cempaka International School, Cheras
OCT 2013 CRIMINALISE WAR
KLFCW Vol1 No4.indd 7
10/28/2013 2:10:50 PM
The Launch of 2nd Criminalise War Club at cempaka international school, cheras
CRIMINALISE WAR OCT 2013
KLFCW Vol1 No4.indd 8
10/28/2013 2:11:08 PM
OCT 2013 CRIMINALISE WAR
KLFCW Vol1 No4.indd 9
10/28/2013 2:11:22 PM
Another CWC Launched Yet another Criminalise War Club (CWC) has been launched. The Cempaka Group played host to this second such club on 25th of September 2013. Delivering the keynote address was the Founder of CWC, YAB Tun Dr. Siti Hasmah Mohd Ali.
“Today I am here on stage, to perform another joyous duty. In fact this
is the second such that I am performing. While the first was an all girls’ college, today it’s a mixed college that is having its official Criminalise War Club (CWC) launched – which is a good sign for all of us. I note with pleasure that there are so many people, young and old, who are committed to the very principles that my husband, H.E. Tun Dr Mahathir Mohamad, set out when he founded the Kuala Lumpur Foundation to Criminalise War (KLFCW). For without such dedication and drive, we would not have moved forward, nor would the idea of having a Criminalise War Club (CWC) taken root. Today, with two such clubs in the country, we know that we are moving ahead. Significantly at Cempaka Group of Schools, it is a private school. The first, at Tunku Kurshiah College, was a government school. This is a good start – that both the public and private sector schools – have accepted the principles of the CWC. I remind one and all, the CWC is the hope for the future. With so much violence, indiscriminate killing, suffering in many parts of the world, this planet is becoming unsafe. Even our beloved country, Malaysia, has not been spared gangland shooting, murder, snatch thefts and violence. This is not the way our Creator wanted it to be!!! It is now even more incumbent that the CWC be up-and-running as the message that War Is A Crime has to be spread fast and to all corners of this Earth. For us here in Malaysia, we have much ground to cover. Many of the older folk in our society are “unreachable” already, for they have never known of the concept of Criminalising War. So while their mind-set has already been cast, it is up to a younger generation to take
CRIMINALISEWAR WAROCT OCT2013 2013 10 CRIMINALISE
KLFCW Vol1 No4.indd 10
10/28/2013 2:11:23 PM
up the cudgels and to march forward. Children can bring this message to their parents, their other family members, to their neighbourhood, to the community at large. On your young shoulders, a great burden has been placed. Accept it as you have chosen to be pioneer members of the CWC. This is service, so expect very little reward, for the greatest reward will only come when we have succeeded in teaching others that Wars Solve Nothingâ€Ś.that children and mothers have paid the ultimate price because someone in power has an agenda to grab your land, your oil, your minerals. We cannot and must not allow this to happen, anywhere in the world. I am encouraged by the enthusiasm shown by the girls in both Colleges and I am sure that this energy and drive will produce long term results. Principals and advisors will be the driving force initially to the individual CWCs. But I also know that their hands are full, and that they may not have all the time to devote to the CWC.
It is for this reason that I am happy to announce that the Kuala Lumpur Foundation to Criminalise War (KLFCW) has created a team of Coordinators to provide impetus and help to the Clubs as they take their initial formative steps. Since our aim is to have clubs like this in all parts of the country, it is another mammoth undertaking. But I am sure that with the commitment already shown, they will succeed. I am happy that this CWC in Cempaka will lead the way as far as private schools are concerned while the club at Tunku Kurshiah College will spearhead the dive among government schools. It thus leaves me with the greatest pleasure to say Thanks to the Organisers, to the Principal, to the Ministry of Education, to the many representatives from other schools and colleges. I wish you all the very best.â€?
OCT 2013 CRIMINALISE WAR 11
KLFCW Vol1 No4.indd 11
10/28/2013 2:11:27 PM
The Kuala Lumpur War Crimes Tribunal was scheduled to sit from 21st to 24th August 2013. Two separate charges were to be heard at the Tribunal’s courthouse on 2nd Floor, No. 88 Jalan Perdana, Taman Tasek Perdana, 50480, Kuala Lumpur. The Tribunal had two earlier sittings in November 2011 and another in May 2012. The Tribunal ended its sitting prematurely owing to a number of reasons. The full findings of the Panel of Judges at the Tribunal is found below : THE KUALA LUMPUR WAR CRIMES TRIBUNAL Case No. 3 - CHG - 2013 The Kuala Lumpur War Crimes Commission Against AmosYaron Case No. 4 - CHG - 2013 The Kuala Lumpur War Crimes Commission Against The State of Israel Coram : Judge Tan Sri Dato’ Haji Lamin bin Haji Mohd Yunus Judge Alfred Lambremont Webre Judge Salleh Buang Judge Eric David Judge Tunku Sofiah Jewa Judge Shad Saleem Faruqi Judge Michael Hourigan Prosecution Team :
Prof Gurdial Singh Nijar Prof Francis Boyle Mr. Avtaran Singh Ms. Gan Pei Fern
Defence Team :
Mr. Jason Kay Kit Leon Ms. Larissa Jane Cadd Dr. Abbas Hardani Ms. Galoh Nursafinas Samsudin
These proceedings have been scheduled for four days from 21st to 24th August 2013 to hear two sets of charges filed by the Chief Prosecutor of the Kuala Lumpur War Crimes Commission with the Registrar of the Kuala Lumpur War Crimes Tribunal (KLWCC) consisting of Case No. 3 CHG 2013 the KLWCC v Amos Yaron and Case No. 4 CHG 2013 the KLWCC v the State of Israel (‘the charges’). On the first day of the hearing, the Prosecution, without prior notice, made a surprise application in Chambers to have Judge Eric David recused from being a member of the panel of seven (7) Judges hearing this case. In support of its application the Prosecution tendered two documents - the first being a photocopy of a legal opinion given at an earlier time by Judge David (in his private capacity) to the People’s Mujahedin of Iran (‘PMOI’) undated and the second being a photocopy of a news report from the Daily Mail (UK) dated 10 February, 2012 (‘the supporting documents’) (‘the Application). 12 CRIMINALISE WAR OCT 2013
KLFCW Vol1 No4.indd 12
10/28/2013 2:11:28 PM
The main thrust of the Prosecutionâ€˜s application was their view that because of his relationship with the PMOI, he will not be able to discharge his duties in an unbiased manner as befitting an impartial Judge of this Tribunal. Further they stressed that unless Judge David recused himself in Chambers they would repeat the Application in open Court. The Tribunal considered the Application and supporting materials and then unanimously ruled that there was no basis to the Application requiring Judge David to recuse himself and dismissed the application. The Court then convened and the Prosecution made a formal Application in open Court for Judge David to be recused. The Court formally dismissed the Application and directed the proceedings commence. Instead of respectfully abiding by the ruling of the Tribunal and proceeding with the trial as scheduled, Prof Francis Boyle co-counsel for the Prosecution then addressed the Tribunal in open court and made a series of further unfounded and malicious allegations against Judge David. He offered no credible and cogent supporting evidence (or any at all) for what the Tribunal considered to be scandalous allegations. The Tribunal considered Prof Boyleâ€™s conduct to be improper and an abuse of the court process. The allegations from Prof Boyle were very serious accusations made to the Tribunal without due regard for proper decorum and respect owed by a member of the Bar to the Tribunal and constituted contempt towards the Bench. The President patiently reminded Prof Boyle to cease making these unfounded allegations as the Application had already been heard and a Tribunal order made. Notwithstanding this Prof Boyle ignored the directions of the President and continued to address the Tribunal repeating the allegations over and over. The President then ordered that these unsubstantiated allegations by Prof Boyle, the cocounsel for the Prosecution be expunged from the record of the Tribunal proceedings. The President once again directed that the proceedings begin. The Prosecutor Prof Gurdial Singh Nijar then informed the Tribunal that the Prosecution was not prepared to proceed because its witnesses were not willing to give their testimony in the presence of Judge Eric David. The Tribunal noted that this information had not formed a part of the Prosecution Application and that it should have. When both the Chief Prosecutor and the Amici Curiae later appeared in Chambers at the request of the President, the Chief Prosecutor was again asked that if his witnesses were not prepared to give oral evidence was he prepared to proceed with the case on the basis of tendering witness evidence in documentary form thus avoiding the necessity for the witnesses to appear in person. Prof Gurdial Singh Nijar replied that the Prosecution would not proceed in way without Judge David leaving the Bench. Prof Gurdial Singh Nijar did request for further time to speak with his witnesses which was granted. The Amici Curiae asked for leave to make a statement to the Tribunal in Chambers the following morning. Permission to do so was granted . OCT 2013 CRIMINALISE WAR 13
KLFCW Vol1 No4.indd 13
10/28/2013 2:11:29 PM
On the morning of the second day, the Amici Curiae made his statement in Chambers to the Bench. Having heard both the Prosecution Team, as well as, the Amici Curiae and the proceedings continued. Prof Gurdial Singh Nijar then sought leave from the Tribunal for a victim representative of the victims group to address the Tribunal. Leave was granted. An adult male victim then addressed the Tribunal and repeated the concerns expressed by his counsel Prof Gurdial Singh Nijar that the victims were concerned as to their safety from appearing before the Tribunal in its form and, further, that they were distressed at some of the remarks of the Tribunal panel made the previous day to their counsel. The Tribunal noted that no evidence was tendered detailing the safety concerns of the victim. Prof Gurdial Singh Nijar then made a formal application for these proceedings to be adjourned sine die (the new Application). Before giving its decision on the new Application to suspend these proceedings the Tribunal feels it important to state the following for the record (I) The Judges observe with deep concern and regret that there has been a serious breach of decorum and improper conduct on the part of Prof Boyle, co-counsel for the Prosecution in the matters already mentioned above. At this moment there has been no attempt by the said cocounsel to tender his unreserved apologies to the Bench and, in particular, to Judge Eric David. (2) Whilst the Tribunal takes note of the Chief Prosecutor’s statement to the Bench, both in open proceedings as well as in Chambers, that his witnesses are very concerned for their safety should they give their testimony in the presence of Judge Eric David, the Tribunal finds their conduct in insisting to be present in court even when though all witnesses were ordered from the court to be in defiance of the clear directions of the full panel of Judges. (3) The Judges are unanimous in their Opinion that the witnesses’ continuous refusal to give their testimony in these proceedings until and unless Judge Eric David recuses himself, despite the ruling made by the Bench is in contempt of the Tribunal order and amounts to an improper ultimatum being given to the Bench. The witnesses would have the Tribunal believed that if they were to give their testimony in open proceedings in front of the six Judges (with Judge Eric David not on the Bench) they will be safe from harm upon their return to their homeland. In the absence of any evidence to support these alleged concerns the Tribunal is of the view that Judge Eric David ‘s presence on the Bench will have no impact on their safety. (4) It is ironic that whilst KLFCW has at great cost and effort given the witnesses their day in court to seek justice for the war crimes committed against them the witnesses (led by the Prosecution team) have instead chosen to refuse to appear before the Tribunal. The witnesses have effectively squandered an invaluable opportunity. The Tribunal is also disappointed that while it made numerous overtures to the Prosecution counsel to find ways to give the witnesses confidence in the Tribunal process each and every offer was dismissed out of hand. The Tribunal could only conclude that the Prosecution team was committed to bringing these proceedings to an end .
14 CRIMINALISE WAR OCT 2013
KLFCW Vol1 No4.indd 14
10/28/2013 2:11:30 PM
(5) Finally, the Judges also wish to put on record their sorrow and regret that despite all the preparatory work being carried out by so many people under the leadership of the Honourable Chairman of the Kuala Lumpur Foundation to Criminalise War (KLFCW), for which this Tribunal is its organ, as well as substantial expenses which are largely provided by generous donors from amongst the general public, everything has now come to nought. The Tribunal believes the Prosecution team, despite asserting that it will abide by the decision of the Tribunal, has itself single handedly brought these proceedings to a dead lock unless and until their demands are met. That is an intolerable situation that the Tribunal just cannot condone. (6) The Tribunal wishes to point out that notwithstanding Judge Eric Davidâ€˜s firm position that there was no merit in the Prosecution Application for him to recuse himself he did volunteer to withdraw himself from the proceedings. However the other Judges unanimously would not support such a decision. The Tribunal reaffirms its earlier ruling that Judge Eric David will not recuse himself from these proceedings. Consequently, it is with great reluctance and regret that the Tribunal now orders that these proceedings stand adjourned sine die. Dated this 22nd day of August 2013. THE KUALA LUMPUR WAR CRIMES TRIBUNAL
............................................................................................................ President - Judge Tan Sri Datoâ€™ Haji Lamin bin Haji Mohd Yunus
..................................................... Judge Alfred Lambremont Webre
........................................................ Judge Salleh Buang
..................................................... Judge Eric David
....................................................... Judge Tunku Sofiah Jewa
..................................................... Judge Shad Saleem Faruqi
....................................................... Judge Michael Hourigan
OCT 2013 CRIMINALISE WAR 15
KLFCW Vol1 No4.indd 15
10/28/2013 2:11:31 PM
16 CRIMINALISE WAR OCT 2013
KLFCW Vol1 No4.indd 16
10/28/2013 2:11:36 PM
OCT 2013 CRIMINALISE WAR 17
KLFCW Vol1 No4.indd 17
10/28/2013 2:11:39 PM
Abou Ghraib never existed ! by Fathia Saoudi
hese two words hurt. Every image is painful. All are blurred. To transform them into words took her seven years. Scenes pass before her eyes, disturb her thoughts, paralyze her imagination. Words take shape out of agony. The blurred images become clearer, like shadows drawing closer through the dark, becoming more visible, completely visible. Wars blitz the mind before the shelling of bombs. Why do wars start on earth, who ignites the first spark? She saw brigadier Lynndie England, invading every space. All citizens are subject to occupation by harassment, intimidation, humiliation, or worse. She needs to see clearly through the darkness. It took her years even to stutter a word again, longer to learn to speak. Dictator, warlords, occupiers pretend innocence. Nothing had happened anywhere from Roman times to the present day. There had been no crime, no massacre, not even one death. How could she grasp the underworld? the destructiveness? How to resist annihilation? Images caught in a web: dogs biting naked prisoners men chained like animals dried blood on the floor
18 CRIMINALISE WAR OCT 2013
KLFCW Vol1 No4.indd 18
10/28/2013 2:11:42 PM
men hooded with plastic bags shackled in rusty chains hungry dogs frightening them bodies heaped on one another human beings raped to the soul. Hajj Ali standing balanced on a cardboard box. â€œGusâ€? with a dog collar around his neck, Brigadier Lynndie dragging him. Agonized men bathing in excrement naked men piled up like a rubbish tip. Abuse planned in dark caves. Brigadier Lynndie is there, she is here. Many other Abou Ghraibs took place In villages, cities, caves, homes, between enemies, tribes, families, neighbours. How could people build castles of hate, violence become a daily crime? Traumatic memories know no time they can perish, remain for seconds or last a lifetime. She struggled to defend her dignity, her right to live. Who would stand by her? She lived in fear for seven years, travelled into deepest silence, disabled to the bone. Tonight she will let go of her fear. The sunset falls on the trees, lights brighten the riverâ€™s face and the winter leaves wait for the promised light of dawn. She will find her way back home, clearer to her than ever before.
OCT 2013 CRIMINALISE WAR 19
KLFCW Vol1 No4.indd 19
10/28/2013 2:11:45 PM
Notes from a Diary... The Israeli invasion of Lebanon in June 82 and the tragic siege of Beirut, remain tragic events some 20 years after the event. They form the basis of a Diary kept by a medical doctor who saw first hand the broken promises with regard the safety of Palestinians and the welfare of civilians left behind. In very vivid terms the acts of cruelty by the invaders are captured in these notes leading to the Sabra and Chatila massacre. by Fathia Saoudi Poet, previously consultant paediatrician, has worked as medical doctor during the Israeli invasion to Lebanon 1982, has published a book L’oubli Rebelle in French and Arabic about the siege of Beirut 1982.
Friday 4 June My first sight of the Israeli invasion was on the 4th of June, 1982. Just 2 days before the launch of the massive Israeli invasion of Lebanon. That day I was visiting the Palestinian orphanage house with Anouch, an Algerian doctor, and Zien, an Egyptian poet. Suddenly the universe explodes, walls shiver, windows splinter into pieces, and tables turn upside-down. There is an explosion like an earthquake, starting immediately under my feet. My heart beats fast, my throat dries, my cells shrink and my hands shake. Is it the last moment of my life? Of my soul before it leaves my body? My heart beats madly, can it withstand all these atrocities, or will it stop beating? Can I face the deluge around me? I am silent with shock. No words could describe my feelings? Perhaps I can look at my friends and tell them that I love them. Today death danced on our chests like a terrible nightmare. When the bombardment gave a break to the sky and earth, I ran to join Nazareth paediatric hospital where I work as a paediatrician. At the entrance to the hospital, there was an endless repetition of horrors caused by the latest raid. Blood was everywhere. There were screaming children, moaning adults, cries from the wounded in acute pain, blaspheming women searching for lost children among the wounded, insistent women searching for their husbands among the dead, a woman describing her child’s face and clothes in the hope that someone had seen him. Other women were escaping through the narrow passages of the camps, carrying their youngest children because the fragile roofs of their houses had been smashed and couldn’t offer more than an illusion of protection. Wednesday 9 June Today the decision was made to transfer our pediatric unit to a safer place, in the Hamra area. The area around Nazareth hospital was targeted by Israeli bombs. A doctor in west Beirut has offered his clinic there and we have to move immediately. Already we have to work in very difficult conditions, with limited resources. On several occasions I was unable to provide the necessary
20 CRIMINALISE WAR OCT 2013
KLFCW Vol1 No4.indd 20
10/28/2013 2:11:49 PM
treatment for a child because the electricity was cut off regularly and we had to do everything under candlelight. It was impossible to insert a canola to put fluids in the veins. Other times we didn’t have the necessary treatment like antibiotics for meningitis and some babies passed away because we couldn’t find these medicines. At other times we couldn’t use the incubators and it was then impossible to provide the necessary care for the pre-term babies. Everyone was working under tremendous stress and many of us had to stay in the hospital day after day because it became impossible to travel to other areas in the town. Samer, as we decided to call him, a newborn who arrived at the hospital on the second day of his birth, his umbilical cord wasn’t dry yet. His parents were killed in one of the bombardments. Though he was only two kilos he looked so awake and alert. Samira a friend felt immediately in love with him. She decided to adopt him as soon as he could leave the hospital. We were all very happy that he found a mother so quickly. Najwa, a nurse, often wonders how it is that all the adults are dying while these tiny ones get some good care. Friday 11 June My apartment was bombarded during the first days of the war. I have to leave to live in another borough. After one week, on a calm day, I decide to go back to save some important documents, my diplomas and my personal letters. The balcony is suspended in the air; only one cactus tree has survived the war. The pictures on the wall have fallen down. One is the poem of Paul Eluard called ‘the martyr’; another is a picture of the ballet dancer Bejart that I adore. My books are all over the place, those books that were signs of my growing up and maturing. Here even the music echoes around the walls of my studio. I decide to return with just a small box, a small part of my life, the letters from my father when I was a student in Paris. I have to leave; the echo of war is back and the front is getting near to my street. My room from that second becomes the past. It is the last time that I ever go there. Sunday 11 July Continuous bombardment over Beirut all day, the
sky covered by grey, the air smells strange, the streets look abandoned. Visions of a nightmare. Estimate that thousands of bombs fell on the city. This morning with the first threads of awakes I feel as though I am attached to a cold and dark wall. What to think? Overwhelming images invade me, blinding me. They are moments of life, of childhood, of life not yet accomplished. Memories
“Explosions, silences. Explosions. It feels like an apocalypse in the middle of the desert. We are at the centre of a tornado. Can this be a vision of our last day - the Last Judgment day?” fill and refill my imagination, emerge from my skin and from my cells. Oh my life how much I love you today and I may have to say good-bye. I feel that life is circular, points of a cycle, revolving circles. Each time we reach a conceived end, we are back at the beginning. Perhaps it is the soul that forms the point of departure? Day after day, airplanes awaken us. The first palpitations of the morning are tarred by a squadron of aeroplanes. The sky is broken into multiple pieces. Explosions, silences. Explosions. It feels like an apocalypse in the middle of the OCT 2013 CRIMINALISE WAR 21
KLFCW Vol1 No4.indd 21
10/28/2013 2:11:49 PM
desert. We are at the centre of a tornado. Can this be a vision of our last day - the Last Judgment day? In the hospital I hear each evening, through the door separating my room from the children’s rooms, the stories of all those Palestinian women recalling and remembering all the houses where they were obliged to live from the beginning of their first exodus. Some of them have known more than ten different places. I hear complaints and pains mixed in with other stories that are more joyful about ordinary projects, marriage or birth. Children suffer so much in the hospital; they look like birds that have lost their feathers and wings, with nothing to protect their bodies. Some mothers refuse to keep their children at the hospital because they cannot be sure of being able to come back, others allow the hospital to keep their child but tell them that they cannot come to visit every day because they live too far away and it is very dangerous to move around. Saturday 17 July
Everyone becomes a refugee in his own hometown. People, especially women and children, move furtively from one place to another. They settle in abandoned houses, in schools, in gardens. The cinemas have become a good place to live in because they are usually underground, spacious and better protected from raids. Many bakeries close because they do not have electric generators. Even fruits or vegetables are rare. As the reserve supply lessens, we run short of fuel, medicines and water. Within a few weeks, the streets change their appearance. They are full of garbage which deteriorates to ashes when people try to burn it. A dark grey sky hangs over the town like a curtain, separating it from the sky. After each bombardment some quietness comes back to the sky, people crawl slowly towards the streets. Some carry a baby, some hold one or two mattresses over their heads, others carry food. Each of them looks for a safer place to pass the next night, at the entrance of a building, in a public garden or in the depths of boroughs not yet touched by the bombardments.
I feel horrified by the injustice of the world, to see the hallucinating development of all war’s instruments. If the scientist and militarists invented all these destructive weapons today then there is no reason why they cannot use them today or tomorrow. Finding an excuse to use them will be an easy problem to solve.
Sunday 27 July
The intensity of bombardment devours the life of the city. The living zone of the city retracts more and more. We are living now in the depth of the city, only within few kilometers. Could a city become more compressed? Could we live in a circle or triangle or in a pinpoint?
Our hospital has to be moved again near to the American hospital. We thought it should be safer there. But we are again in the middle of anarchic bombardments. A bomb falls near the wall and penetrates our unit; fortunately no one is injured. We have to move the sick children, but to where? We decide just to move to the passage, there is a thick wall here and it may be that here we will be safe. We live now in the “passage” hospital with all the sick children; in this hospital we do not have beds, just few mattresses and some intravenous fluids. No one can leave any more. We are here day after day. From the windows Beirut was buring covered by all shades of grey. Every one was working under tremendous stress and many of us had to stay in the hospital day after day because it
During the war, even peoples’ survival needs change. New essential, extra needs are imposed on everyone. We need a few gallons of water, a small torchlight and a radio. The light helps us to move around in the evenings inside the house or in the streets. The radio helps us to know where the bombardments are taking place and how to avoid these zones. Gallons of water are our only reserve, as water has become rare and precious.
We need again to move the hopital to another location, this place becoming too small, with the increasing number of sick children, some parents unable to visit their children so we were left with increasing number of patients.
22 CRIMINALISE WAR OCT 2013
KLFCW Vol1 No4.indd 22
10/28/2013 2:11:49 PM
became impossible to travel to other areas in the town. Samer our baby has meningitis; it is impossible to insert intravenous fluids, the place is so dark, the walls are trembling, and the aeroplanes do not stop. In the morning we lost him, the nurses cannot stop their tears. I have been deeply traumatized by the death of Samer. Years after, each time I am near a hospital, I feel so weak and emotional. Years after, the suffering of any ill child is unbearable, I cannot go near a hospital. This war seems endless. There are no more safe places in the city. The bombardment continues from the sky, the land and the sea. In spite of these dark days the civil population continue to try to manage their daily lives or rather to invent ways of continuing their lives. Already most of them have to live outside their homes, in temporary places, with scarcely any water to drink or to use, with limited food supplies and with no security at all. I am deeply touched by this war in my daily life. Though I have found friendsâ€™ houses where I can live and though I still find a gallon or two of water to drink or to use, I have to carry the gallons seven floors to my room. I have to plan very precisely how to use the water and to recycle each drop. I have learnt how to prepare bread and to bake it, how to economize the use of the gas bottles, how to spend hours with no lights under few candles, how to go to work or to visit friends though each moment is a risk. My life and feelings follow the sudden new rhythm of life and I have again to adapt as much as I can. The children do not understand the ultimatums or the last announced ultimatum. They invent one thousand ideas about how to bring down an aeroplane, how to be protected during bombardments or how to stop the war or how to live simply. Tuesday 29 July This morning I wonder how much we humans have perfected the game of history and life. We have discovered the most beautiful instruments, languages, and music. We have built cities; we have discovered both love and joy. At the same time we have been able to invent the most
terrible instruments of war and death. I wonder why humans cannot defend life. Why all that destructive technology and human power, energy and intelligence must be invested in destruction and death. The hidden goals of the Israeli invasion were far more implicit than the ones declared by Israeli war generals. Their undeclared aims were the complete destruction of all Palestinian institutions in Lebanon, the expulsion of all members of the Palestinian Liberation Organisation, the destruction of all the social and political infrastructure of Palestinians in Lebanon, and to implement a Lebanese pro Israeli government. Wednesday 1 September I feel so horrified by this war, by all wars. I am frightened by the human history of wars, injustice and sufferings, it is as though humans do not learn lessons from the past; the only lessons they learn are those ascertained through their own living history where they are the victims or the heroes. The past is forgotten so quickly. Could the present be the first school? I know that humans have a strong ability to deal with horrors, to forget them and to continue living, but could these experiences be enough to stop the suffering of the present? I feel horrified by the injustice of the world, to see the hallucinating development of all warâ€™s instruments. If the scientist and militarists invented all these destructive weapons today then there is no reason why they cannot use them today or tomorrow. Finding an excuse to use them will be an easy problem to solve. My political consciousness grew up in Lebanon. I became familiar with the life of the Palestinians in the refugee camps. I became familiar with the many stories that parents or children talked about every day: memories of their homelands in Palestine, memories of their memories about their daily lives at home, memories of exile, the experiences of new countries where they have never been before. The passage of years is not a remedy for forgetting. Perhaps the contrary happens, those times at home become even more vivid in the memory, more alive.
OCT 2013 CRIMINALISE WAR 23
KLFCW Vol1 No4.indd 23
10/28/2013 2:11:50 PM
I have often felt that people from our countries are so innocent. They think they will leave their homes in Palestine for a few days or a few weeks and that then the Arab armies or the UN will secure their going back home. They did not comprehend that many years on, they would still be unable even to visit their home. The Palestinian camps are all the image of each other, either in Syria, Lebanon, Jordan or Egypt. They all have the same story; they all have the same memories. The misery has the same face all over and even the rich or the poor go through the same loss. They all have the same houses with corrugated iron arranged one next to the other. Each has one (or maximum two rooms) where five persons or more live. There are rarely beds - no space for such a luxury. There are mattresses that the family use in the night, but collect the next morning to arrange in a small place next to a wall. The room has to become the sitting or dining room. The streets are so narrow, that only a small passage exists between the houses. In the middle runs the sewage, uncovered. Some houses have a small garden where the older people try to grow flowers or fruit trees. Itâ€™s the space where families meet in the evening to enjoy a cup of tea or where women sit together to prepare the food for the next day, to talk about their families or relatives living in other camps or in Palestine. The oldest men meet in front of the houses enjoying the tea and remembering between them all the good days at home, the nice houses, the landscape, the Mediterranean Sea, the farms. Children are the kings of the streets; their laughter and shouts mix with the sounds of the radio. All the exiled have lost all of their belongings. There is nothing left. They now have to face the unknown and their absurd state of poverty. They have lost all their belongings except their memories. These memories grow daily like an olive tree; these memories become ever more rooted like a pine tree. How long an event may take in our memory.
Naji Al Ali
Dia Al Azzawi
Kafer Kasem Massacre 24 CRIMINALISE WAR OCT 2013
KLFCW Vol1 No4.indd 24
10/28/2013 2:11:53 PM
A few good Men . . .
that he be tightly security risk.”
The reason for all this is very simple, and something that almost no other Israeli has done. Almost every week for three decades, he has travelled to the Occupied Territories and described what he sees, plainly and without propaganda. “My modest mission,” he says, “is to prevent a situation in which many Israelis will be able to say, ‘We didn’t know.’” And for that, many people want him silenced. The story of Gideon Levy – and the attempt to deride, suppress or deny his words – is the story of Israel distilled. If he loses, Israel itself is lost. “My biggest struggle,” he says, “is to rehumanize the Palestinians. There’s a whole machinery of brainwashing in Israel which really accompanies each of us from early childhood, and I’m a product of this machinery as much as anyone else. [We are taught] a few narratives that it’s very hard to break. That we Israelis are the ultimate and only victims.
n our last issue of Criminalise War (Vol 1, No 3, Page 68), there appeared an article on an Israeli peace activist who came to Malaysia to tell his side of the story. Then came another, a well known journalist, who is perhaps the most hated man in Israel, and in the eyes of some, the most heroic. Gideon Levy is the man in question, described as the “good Tel Aviv boy” – a sober, serious child of the Jewish state – who has been shot at repeatedly by the Israeli Defence Force, been threatened with being “beaten to a pulp” on the country’s streets, and faced demands from government ministers
That the Palestinians are born to kill, and their hatred is irrational. That the Palestinians are not human beings like us… So you get a society without any moral doubts, without any questions marks, with hardly public debate. To raise your voice against all this is very hard.” He reported on a killing, one of the hundreds he has documented over the years that haunts him. As twenty little children pulled up in their school bus at the Indira Gandhi kindergarten, their 20 year-old teacher, Najawa Khalif, waved to them – and an Israel shell hit her and she was blasted to pieces in front of them. OCT 2013 CRIMINALISE WAR 25
KLFCW Vol1 No4.indd 25
10/28/2013 2:11:54 PM
He arrived a day later, to find the shaking children drawing pictures of the chunks of her corpse. The children were “astonished to see a Jew without weapons. All they had ever seen were soldiers and settlers.” So he describes the lives of ordinary Palestinians like Najawa and her pupils in the pages of Ha’aretz, Israel’s establishment newspaper. Levy uses a simple technique. He asks his fellow Israelis: how would we feel, if this was done to us by a vastly superior military power?
How did Gideon Levy become so different to his countrymen? Why does he offer empathy to the Palestinians while so many others offer only bullets and bombs? At first, he was just like them: his argument with other Israelis is an argument with his younger self. He was born in 1953 in Tel Aviv and as a young man “I was totally nationalistic, like everyone else. I thought – we are the best, and the Arabs just want to kill. I didn’t question.” He was fourteen during the Six Day War, and soon after his parents took him to see
The young Palestinian boy pondering his fate with the wall that separates his land and his future in a place where his forefathers lived for centuries.
Once, in Jenin, his car was stuck behind an ambulance at a checkpoint for an hour. He saw there was a sick woman in the back and asked the driver what was going on, and he was told the ambulances were always made to wait this long. Furious, he asked the Israeli soldiers how they would feel if it was their mother in the ambulance – and they looked bemused at first, then angry, pointing their guns at him and telling him to shut up.
the newly conquered Occupied Territories. “We were so proud going to see Rachel’s Tomb [in Bethlehem] and we just didn’t see the Palestinians. We looked right through them, like they were invisible,” he says. “It had always been like that. We were passing as children so many ruins [of Palestinian villages that had been ethnically cleansed in 1948].
26 CRIMINALISE WAR OCT 2013
KLFCW Vol1 No4.indd 26
10/28/2013 2:11:55 PM
We never asked: ‘Who lived in this house? Where is he now? He must be alive. He must be somewhere.’ It was part of the landscape, like a tree, like a river.” Long into his twenties, “I would see settlers cutting down olive trees and soldiers mistreating Palestinian women at the checkpoints, and I would think, ‘These are exceptions, not part of government policy.’”
He appeals to anybody who is sincerely concerned about Israel’s safety and security to join him in telling Israelis the truth in plain language. “A real friend does not pick up the bill for an addict’s drugs: he packs the friend off to rehab instead.
Levy says he became different due to “an accident.” He carried out his military service with Israeli Army Radio and then continued working as a journalist, “so I started going to the Occupied Territories a lot, which most Israelis don’t do. And after a while, gradually, I came to see them as they really are.”
Today, only those who speak up against Israel’s policies – who denounce the occupation, the blockade, and the war – are the nation’s true friends.” The people who defend Israel’s current course are “betraying the country” by encouraging it on “the path to disaster. A child who has seen his house destroyed, his brother killed, and his father humiliated will not easily forgive.”
“I want to be proud of my country,” he says. “I am an Israeli patriot. I want us to do the right thing.” So this requires him to point out that Palestinian violence is – in truth – much more limited than Israeli violence, and usually a reaction to it. “The first twenty years of the occupation passed quietly, and we did not lift a finger to end it. Instead, under cover of the quiet, we built the enormous, criminal settlement enterprise,” where Palestinian land is seized by Jewish religious fundamentalists who claim it was given to them by God.
Levy believes the greatest myth – the one hanging over the Middle East like perfume sprayed onto a corpse – is the idea of the current ‘peace talks’ led by the United States. There was a time when he too believed in them. At the height of the Oslo talks in the 1990s, when Yitzhak Rabin negotiated with Yassir Arafat, “at the end of a visit I turned and, in a gesture straight out of the movies, waved Gaza farewell. Goodbye occupied Gaza, farewell! We are never to meet again, at least not in your occupied state. How foolish!”
Only then – after a long period of theft, and after their attempts at peaceful resistance were met with brutal violence - did the Palestinians become violent themselves. “What would happen if the Palestinians had not fired Qassams [the rockets shot at Southern Israel, including civilian towns]?
Now, he says, he is convinced it was “a scam” from the start, doomed to fail. How does he know? “There is a very simple litmus test for any peace talks. A necessity for peace is for Israel to dismantle settlements in the West Bank. So if you are going to dismantle settlements soon, you’d stop building more now, right? They carried on building them all through Oslo. And today, Netanyahu is refusing to freeze construction, the barest of the bare minimum. It tells you all you need.”
Would Israel have lifted the economic siege? Nonsense. If the Gazans were sitting quietly, as Israel expects them to do, their case would disappear from the agenda. Nobody would give any thought to the fate of the people of Gaza if they had not behaved violently.”
(Agencies) OCT 2013 CRIMINALISE WAR 27
KLFCW Vol1 No4.indd 27
10/28/2013 2:11:55 PM
Does Israel want peace or to play the blame game? Is the government of Israel engaged in the negotiation process to reach peace, or is Israel engaged in this process to advance a public relations campaign and buy time to continue its colonial enterprise on our occupied territory? This article was written on 20th October 2010. Yet it remains relevant even to this day, despite the socalled peace negotiations in Washington sponsored by the US between the Palestinians and the Israelis. As expected the talks have stalled, as other events –Syria- has become even more important to Obama administration.
“Let us be clear: Palestinians long ago recognized Israel and its right to exist in peace and security. Twenty-two years ago, to be precise. The peace process that began 17 years ago has repeatedly reaffirmed Palestinian recognition of Israel and its right to exist over 78 percent of our historic homeland. The internationally recognized obstacle to peace is the ongoing Israeli occupation. The problem is Israel’s imposition of a “solution” that violates every single aspect of sovereignty while blaming us for not consenting to live in humiliation and subjugation. Netanyahu’s strategy is clear: He refuses to engage in serious negotiations with us on borders, security, Jerusalem and refugees, while he simultaneously peddles his own positions in public. During three months of proximity talks and our most recent direct meetings, we presented our positions for every permanent status issue, but we never received a single Israeli proposal. Now, all of what was negotiated over 22 years is being ignored as we hear Israel’s new preconditions loud and clear through the world’s media. Netanyahu’s most recent proposal is a clear example of his strategy: a two-month partial settlement “moratorium” in exchange for an official Palestinian declaration that Israel is a Jewish state. In other words, he demands for the Palestinian leadership to undermine the rights of Palestinian refugees and the rights of the Palestinian citizens of Israel.
28 CRIMINALISE WAR OCT 2013
KLFCW Vol1 No4.indd 28
10/28/2013 2:11:55 PM
In two months, one might reasonably wager that he will ask us to recognize Jerusalem as the eternal and undivided capital of Israel in return for another dubious moratorium. Perhaps two months after that he will ask us to recognize the biblical rights of the Jewish people to “Judea and Samaria,” as he prefers to refer to occupied Palestinian territory. Within six months, Israel might have everything it so greedily covets and the two-state solution will be history. Instead of preparing the Israeli public for peace based on a two-state solution, Netanyahu has been preparing the world for a new blame game. Instead of preparing Israeli society to have an open and shared Jerusalem as the capital of two states, he insists that only Israel will have sovereignty over the whole city. Instead of discussing security arrangements for the Jordan Valley, including the presence of international forces, he insists on continued Israeli military presence. Instead of fully freezing Israel’s illegal colonial settlement building on our land, he continues to support his “Zionist brothers and sisters” living in “Judea and Samaria.” Instead of respecting the negotiation process by fulfilling previous Israeli obligations, he attempts to shift the world’s focus away from Israel’s blatant transgressions of international law by insisting that the Palestinian leadership must recognise Israel as a Jewish state.
This is an illogical and unreasonable Israeli precondition that was never mentioned by Israel before 2004, including at Wye River where Netanyahu led the Israeli delegation, and that has never been demanded by Israel from any other state, including other Arab states with which it concluded peace agreements. Palestinian demands are clear: a two-state solution, Palestine and Israel separated by the 1967 border, with Jerusalem as an open and shared capital of two states and freedom of access to all its holy sites. We also demand that Israel acknowledges its responsibility for the creation and perpetuation of the Palestinian refugee issue, and work with us toward finding a just resolution to this issue. In exchange, we offer full recognition of the State of Israel by 57 Arab and Muslim countries, an offer made eight years ago through the Arab Peace Initiative. If Israel’s leadership is not content with Palestinian recognition of Israel over 78 percent of historic Palestine and diplomatic relations with 57 of its neighbors, then we must ask ourselves: Is the government of Israel engaged in the negotiation process to reach peace, or is Israel engaged in this process to advance a public relations campaign and buy time to continue its colonial enterprise on our occupied territory?”
The writer, a former Palestinian foreign minister, is chief of international relations for Fatah and a member of the Palestinian negotiating team.
OCT 2013 CRIMINALISE WAR 29
KLFCW Vol1 No4.indd 29
10/28/2013 2:11:58 PM
DRONE KILLING IS A WAR CRIME by Ben Adams a Barrister-at-Law, is a senior free-lance columnist
The first time the United States used its drones to kill innocent people was in 2002 in Yemen.1 That was, of course, during the Bush presidency. Under the Obama administration, things did not change. If they did, they went from bad to worse. According to Robert Taylor, the U.S military claimed that children are “legitimate targets” in the war in Afghanistan because the Taliban “may be recruiting children.” As of January 2013, at least 178 children had been killed in these drone attacks.
Advocates supporting the drone war claim that these drone strikes are precise (they call them “surgical strikes”) and that only terrorists are being targeted. A study by the Columbia Law School’s Human Rights Institute2, however, revealed that the number of Pakistani civilians killed in these drone strikes have been “consistently underestimated” and that as many as 98% of those killed by drone strikes are civilians.
Like his predecessor, Obama had, under the pretext of waging a “war on terror”, further expanded the boundaries of these drone attacks, fully aware that they are indeed war crimes. According to the New American Foundation, it is estimated that in Pakistan alone, drone strikes have killed between 1,908 and 3,225 people since 2004. Out of this number, about 85% were reported to be militants, leaving between 290 and 456 nonmilitant casualties. Other than Pakistan, U.S. drone strikes have also killed targets in Yemen, Afghanistan, Iraq, Somalia, and Libya.3 In October 2012, UN special rapporteur Ben Emmerson QC was quoted as saying that the United Nations plans to set up a special investigation unit to examine incidents of civilian deaths in US covert drone strikes. He added that UN investigators had been critical of these US “extrajudicial executions” since they began in 2002.4 According to Richard Becker5, the assassination drone strikes carried out by the United States in Yemen constitute “a form of terrorism” and
http://www.policymic.com/articles/21070/predator-drone-double-taps-highlight-possible-war-crimes-by-obama http://web.law.columbia.edu/human-rights-institute/counterterrorism/drone-strikes/counting-drone-strike-deaths 3 http://www.policymic.com/articles/17861/obama-drone-strikes-un-will-launch-investigations-into-obama-terror-war 4 http://www.thebureauinvestigates.com/2012/10/25/united-nations-team-to-investigate-civilian-drone-deaths/ 5 An analyst with the “Act Now to Stop War and End Racism (ANSWER) Coalition”, when interviewed by Press TV. 6 http://www.presstv.com/detail/2013/08/10/318062/us-drone-strikes-in-yemen-war-crime/ 1 2
30 CRIMINALISE WAR OCT 2013
KLFCW Vol1 No4.indd 30
10/28/2013 2:12:00 PM
qualify as “war crimes.” He added that the use of these attack drones on countries that are not at war with the United States is not only a violation of international law, but is also in violation of US law.6
According to a report dated August 4, 2013, an investigation carried out by the Bureau of Investigative Journalism (BIJ) in Pakistan’s tribal areas confirmed that the CIA had revived its earlier controversial tactic of deliberately targeting rescuers at the scene of a previous drone strike. BIJ’s field study focused on the drone attack of a village in North Waziristan – attacks that were aimed at one of al Qaeda’s few remaining senior figures, Yahya al-Libi. He was finally killed by a CIA drone strike on June 4 2012. BIJ’s field study confirmed what others had reported at the time – that al-Libi’s death was part of a sequence of strikes on the same location that killed up to 16 people. BIJ had earlier (in February 2012) reported CIA’s deliberate targeting of rescuers in an investigation for the Sunday Times. It had gathered evidence of 11 attacks on rescuers (called ‘double-tap’ strikes) in Pakistan’s tribal areas between 2009 and 2011, along with a drone strike deliberately targeting a funeral, causing mass casualties.7
out in Pakistan by the CIA are war crimes, “absolutely illegal” and a “blatant violation” of Pakistan’s state sovereignty. The decision came at the conclusion of a lawsuit filed by the Foundation for Fundamental Rights (FFR), a NGO in Islamabad, which sued the Pakistan government for failing to protect its own citizens from US drone strikes. The suit was filed in May 2012 on behalf of victims of a drone attack that occurred in North Waziristan, which had killed more than fifty people. The High Court held that the drone strikes being “carried out in the tribal areas (FATA), particularly North & South Waziristan, by the CIA & US authorities, are [a] blatant violation of basic human rights and are against the UN Charter, the UN General Assembly Resolution, adopted unanimously [and] the provision of [the] Geneva Conventions.” In short, they are “war crimes.” The Court also held that these drone strikes “carried out against a handful of alleged 18 militants, who are not engaged in combat with the US authorities or forces,” amount to a “breach of International Law and Conventions on the subject matter”. The Court further held that these attacks are therefore “absolutely illegal & blatant violation[s] of the sovereignty of the state of Pakistan because frequent intrusion is made on its territory/airspace without its consent rather against its wishes as despite of the protests lodged by the government of Pakistan with USA on the subject matter, these are being carried out with impunity.”8 Although the High Court of Pakistan does not have the necessary authority to compel the US government to provide compensation, the Court nevertheless stated that “The US government is bound to compensate all the victims’ families at the assessed rate of compensation in kind of US dollars.”
On May 9, 2013 a High Court in Pakistan held that the U.S. drone strikes carried http://warincontext.org/2013/08/04/american-war-crimes-fresh-evidence-of-cia-drone-strikes-on-rescuers/ http://dissenter.firedoglake.com/2013/05/09/pakistan-court-decision-finds-us-drone-strikes-are-war-crimes-which-are-absolutely-illegal/ 7 8
OCT 2013 CRIMINALISE WAR 31
KLFCW Vol1 No4.indd 31
10/28/2013 2:12:01 PM
The Court also instructed the Pakistan government to – (a) “File a proper complaint” with full details of the losses sustained by the Pakistani civilians citizens both to life & properties due to drone strikes; (b) Request the UN Secretary General to constitute an independent War Crime Tribunal which shall have the mandate to investigate & enquire into all these matters and to give a final verdict as to whether the same amounts to War Crime or not.” If the Tribunal then concludes that war crimes are being committed, the U.S. should be directed to halt the drone strikes and arrange compensation for victims’ families; The Court also urged the Pakistan Security Council and the country’s General Assembly to pass resolutions condemning the drone strikes as violating Pakistan’s sovereignty. If the US does not comply, they are to “sever all ties with the USA and as a mark of protest” deny “all logistic and other facilities to the USA within Pakistan.”9
Citing official statistics provided by the Political Authorities of North Waziristan Agency, the High Court said that at least 896 Pakistani civilians had been killed in the last five years by these US drone strikes. These are certainly much more than the statistics put forward by BIJ. Speaking at a Conference in Geneva in June 2012, Christof Heyns (UN special rapporteur on extrajudicial killings) said that President Obama’s use of drone attacks in Pakistan, Yemen and elsewhere, carried out by the CIA, would encourage other states to flout longestablished human rights standards. According to the American Civil Liberties Union (ACLU), it is estimated at least 4,000 people had been killed in US drone strikes since 2002 in Pakistan, Yemen and Somalia. A significant number of these deaths were noncombatants (innocent civilians). The numbers killed escalated significantly since Obama became President.10
What are drones? Drones, or unmanned aerial vehicles (UAV), such as the Predator and the Reaper, are small, lightweight, pilotless aircraft equipped to hover over hostile territory and survey it for controllers half the world away who watch the relayed raw video footage—the “drone porn.” Cruising the skies over Afghanistan (and Pakistan, and Yemen, and Somalia, and who knows where else), looking for Bad Guys and firing missiles to vaporize them, drones have become the pre-eminent weapon in what was once the war on terror. They have been hailed for their cost effectiveness in killing terrorists or militants or whatever the preferred euphemism is now. [Quoted from http://www.slate.com/articles/life/the_spectator/2010/08/ban_droneporn_war_crimes.html]
32 CRIMINALISE WAR OCT 2013
KLFCW Vol1 No4.indd 32
10/28/2013 2:12:02 PM
SYRIA - A WAR AVERTED The world had come very close to witnessing another US blunder of bombing an Arab nation. The trigger happy leaders of the only super-power were all hell bent on extracting “justice” when it became clear that chemical weapons had been used by some group in the strife in Syria. Of course the US had all the evidence to justify their actions – Congress was asked by a President who claimed to be against war, to approve the action. In a sense justice was served when Congress dragged its feet and the rest of the world reacted. The Russians demanded to see the “evidence” supposedly gathered by the US that Syrian government forces had used chemical weapons. The US Secretary of State, John Kerry refused saying it was classified information. United Nations inspectors were only able to confirm that chemical weapons were indeed used, but never did it point to a group, either government or anti-government as the perpetrators. The events that followed in rapid succession clearly showed how Russia, the strongest backer of the President Bashar al Assad, the Syrian leader, played out its cards to bring about a “peaceful settlement” in that all chemical weapons in the hands of the current Syrian government were to be destroyed under United Nations supervision. So another bloody attack was averted for the time being. The Syrian crisis is now into its second year. More than 2 million Syrians are now refugees. The death toll must have passed the 200,000 mark with daily killings on the part of both sides to the conflict. And while the chemical weapons will be destroyed in due course, there is no end to the civil strife in that country. Many prominent personalities have spoken out against a US invasion or even a bombing run on that country. While US leaders have said that no troops would be on the ground, the air option was
always available to them. They could with impunity drop bombs on “selected targets” – thereby killing many, including innocent civilians. How much more of this indignity should the world endure? One very prominent former leader to oppose the military option was Dominique de Villipan, who had served as France’s Foreign Minister at the time of the Iraq invasion and was opposed to any military intervention. He later became Prime Minister of France. In a BBC interview he had this to say:
Dominique de Villipan, former French Prime Minister “I totally agree with the fact that we should react, of course we should react. But is the best reaction to use force, or do we have an alternative? What I’m saying is that we do have an alternative. So force should be only used as a last resort when it’s needed, and we have to take the lessons of the last 13 years. What happened in Afghanistan? We have been using force and what is the situation of Afghanistan? Afghanistan is in the middle of a civil war. The same happened in Iraq and the same is happening in Libya. So the question is, facing such massacres, of course, we need a reaction. But should we use the military answer as the answer or can we react in another more appropriate or better way?” At least for the time being, war has been averted. The Russians played a very important role – some have even suggested that the Kremlin out foxed the naïve US diplomats – and we don’t yet have an invasion on another Arab country. OCT 2013 CRIMINALISE WAR 33
KLFCW Vol1 No4.indd 33
10/28/2013 2:12:02 PM
The Norwegian Nobel Committee which awards the Nobel Peace Prize each year, has decided that the it be awarded to the Organization for the Prohibition of Chemical Weapons (OPCW) for its extensive efforts to eliminate chemical weapons. In a statement the Committee noted: “During World War One, chemical weapons were used to a considerable degree. The Geneva Convention of 1925 prohibited the use, but not the production or storage, of chemical weapons. During World War Two, chemical means were employed in Hitler’s mass exterminations. Chemical weapons have subsequently been put to use on numerous occasions by both states and terrorists. In 1992-93 a convention was drawn up prohibiting also the production and storage of such weapons. It came into force in 1997. Since then the OPCW has, through inspections, destruction and by other means, sought the implementation of the convention. 189 states have acceded to the convention to date. The conventions and the work of the OPCW have defined the use of chemical weapons as a taboo under international law. Recent events in Syria, where chemical weapons have again been put to use, have underlined the need to enhance the efforts to do away with such weapons. Some states are still not members of the OPCW. Certain states have not observed the deadline, which was April 2012, for destroying their chemical weapons. This applies especially to the USA and Russia. Disarmament figures prominently in Alfred Nobel’s will. The Norwegian Nobel Committee has through numerous prizes underlined the need to do away with nuclear weapons. By means of the present award to the OPCW, the Committee is seeking to contribute to the elimination of chemical weapons. The award of this year’s Peace Prize is not only timely but helps draw international attention to the work of this organization that has almost 200 members representing all corners of the world.”
34 CRIMINALISE WAR OCT 2013
KLFCW Vol1 No4.indd 34
10/28/2013 2:12:03 PM
Statement by the OPCW DirectorGeneral on the 2013 Nobel Prize for Peace The decision by the Nobel Committee to bestow this year’s Peace Prize on the OPCW is a great honour for our Organisation. We are a small organisation which for over 16 years, and away from the glare of international publicity, shouldered an onerous but noble task – to act as the guardian of the global ban on chemical weapons that took effect in 1997. That year, a hundred-year effort was crowned with success as the Chemical Weapons Convention entered into force. Our organization was tasked to verify the elimination of chemical weapons from the world and to encourage all nations to adhere to this hard-earned norm. We have since then worked with quiet determination to rid the world of these heinous weapons – weapons which have been used to horrific effect throughout the twentieth century, and, sadly, in our own time too. Events in Syria have been a tragic reminder that there remains much work yet to be done. Our hearts go out to the Syrian people who were recently victims of the horror of chemical weapons. Today we are engaged in work which is meant to ensure that this atrocity is not repeated.
OPCW Director-General Ahmet Üzümcü Never in the history of our organisation have we been called on to verify a destruction program within such short timeframes – and in an ongoing conflict. We are conscious of the enormous trust that the international community has bestowed on us. Working to realize the vision of a world free of chemical weapons, we rely on the expertise, professionalism and dedication of our staff – qualities that have been forged through a solid record of achievement. This would clearly not be possible without the steadfast support and commitment of our States Parties. The recognition that the Peace Prize brings will spur us to untiring effort, even stronger commitment and greater dedication. I truly hope that this award, and the OPCW’s ongoing mission together with the United Nations in Syria, will help broader efforts to achieve peace in that country and end the suffering of its people. I take this opportunity to commend all those who have contributed to making the ban on chemical weapons an enduring and universal norm. I look forward to accepting this award in humility and in recognition of the professionalism of our staff, both past and present, and the strong support we have received from our States Parties. OCT 2013 CRIMINALISE WAR 35
KLFCW Vol1 No4.indd 35
10/28/2013 2:12:04 PM
Lifetime Award for Global Peace Nelson Mandela is known as the man who forgives. He has no hatred in him, he has only love and goodness. Despite being jailed for 27 years in Robben Island, he never showed anger at his jailors. He had only kind words for the wardens who were merely carrying out their duties in jailing a man who was nothing more than a freedom fighter. He faced false charges against himself that led to his incarceration for that length of time. Nelson Mandela went on to become a leader of his country, South Africa. The rainbow nation elected him as their first Black President – a man with the heavy duty of uniting his people and healing the terrible scars that the people had to bear under a minority White regime. Though frail with advanced age, Nelson Mandela remains a symbol of his nation and the world as a man of peace, wisdom and courage. It was no surprise therefore that the first ever Mahathir Award for Global Peace should be bestowed on this great man. The award was made by Tun Dr Mahathir Mohamad and it was received on behalf of the former President by the current South African President, Mr Jacob Zuma. In his remarks at the presentation ceremony, the former Malaysian Prime Minister described Mandela as his friend remarking that it was appropriate to award him this way as he was “truly a man of peace.”
“I remember the first time I met Mandela in Zambia, just after he was released from prison in Robben Island. I was expecting a broken or bitter man for he had spent 27 years in jail. I found a man who was extremely rational and who thought nothing but the well-being and welfare of the people of South Africa.” In launching the Mahathir Award for Global Peace, the former premier explained his principle of global peace and how it may be attained. Future election candidates should declare their willingness to abstain from warfare, to have constitutions changed, so that governments in the world can dedicate themselves to upholding peace. He pointed out that voters have the power in their hands to make this change by only voting for candidates who are prepared to pledge their willingness to maintain peace and harmony at all times, and with all countries. Such a move, Dr Mahathir added, would lead to the world having governments dedicated to peace. “The world is getting more democratic. People have the right to choose their governments and leaders. “The future generation has a role to play. It is going to be a long struggle but I am sure that if young people realize the need to criminalise war, the need to promote peace, then God willing, peace can be achieved.”
36 CRIMINALISE WAR OCT 2013
KLFCW Vol1 No4.indd 36
10/28/2013 2:12:04 PM
The Mahathir Award for Global Peace is an international peace award by the Mahathir Global Peace Foundation, which was formed to contribute to global peace efforts. During the event, the foundation presented Dr Mahathir with the Lifetime Campaigner for Global Peace award.
Excerpts of the acceptance speech by President Jacob Zuma, President of the Republic of South Africa.
“We are filled with great humility and joy as South
Africans, to accept the Lifetime Award for Global Peace from the Mahathir Global Peace Foundation,
Madiba is also no stranger to Malaysia. He is a personal friend of former Prime Minister Mahathir and led our country in cementing relations with Malaysia during his Presidency. South Africa and Malaysia have strong bonds of friendship and solidarity steeped in the history of struggle against colonialism and racial oppression, dating back to the 17th century. The horrors of the Atlantic slave trade brought many people from Southeast Asia, including parts of Malaysia, to the Cape of Good Hope. The descendants of that horrible slave trade are now full citizens of a democratic South Africa and have contributed to the cultural diversity, success and development of our country. Another defining moment in our relations came as part of the birth and development of the Afro-Asian People’s Solidarity Movement in the 1950s as Africa and Asia entered the period of decolonisation.
on behalf of the founding President of the Republic of South Africa, His Excellency Mr Nelson Mandela. We are honoured that our beloved former President is the first recipient of this award .
It was in this context that the leaders of our liberation movement, the African National Congress, Moses Kotane and Maulvi Cachalia attended the historic 1955 Bandung Conference.
This momentous award highlights and honours the peace efforts and achievements of this internationally revered icon and comes at a time when we have just commemorated 100 years of the African National Congress in 2012, an organization that is synonymous with his life. This gesture confirms what Madiba means to the world as a man who has an unwavering belief in unity, peace, justice, human rights, freedom, equality and who wants the world to be a better place for all, free of conflict and wars, poverty and degradation.
The ANC is proud to have participated in that Conference which our esteemed leader, Oliver Tambo, said constituted; “a step in the direction of meeting the aspirations of the vast majority of mankind, particularly the oppressed people of Asia and Africa”.
We are humbled as South Africans to share President Mandela with the world. At the same time, we are truly proud that our country and the struggle for liberation in particular, produced such an international icon. This Award enables us to reflect on the impact that this global icon has made in our country and in the world.
While Malaysia did not participate in the inaugural Bandung Afro-Asian Conference in 1955, Malaysia quickly played a leading role in the formalised movements of the South such as the Non-Aligned Movement (NAM), Association of Southeast Asian Nations (ASEAN) and the G77 caucus within the United Nations. Malaysia’s commitment in championing the cause of the developing South became even more prominent by the early 1980s when ASEAN, the Organisation of Islamic Conference (OIC), the NonAligned Movement (NAM) and the Commonwealth took centre stage in the nation’s foreign policy. OCT 2013 CRIMINALISE WAR 37
KLFCW Vol1 No4.indd 37
10/28/2013 2:12:06 PM
It was in the Commonwealth that Malaysia, led by then Prime Minister Tunku Abdul Rahman, strongly demonstrated its disdain for the racial policies of the apartheid government in South Africa. Prime Minister Rahman insisted that Apartheid South Africa be expelled from the Commonwealth in 1960. This, among other efforts, resulted in the end of diplomatic relations between Apartheid South Africa and countries in the Commonwealth. Malaysia, under the sterling leadership of Former Prime Minister Mahathir consistently championed the cause of the countries of the South. He was the voice of conscience in the face of the plight of developing countries.
Like Chief Albert Luthuli, the first African to receive the Nobel Peace Prize, President Mandela is a symbol of peace, unity and reconciliation.
Since then, Malaysia has promoted the need for self-reliance on the part of the developing countries through cultivating partnerships among them, as well as championing the cause of developing countries on the global stage.
The award should thus serve to further highlight the need for peace in the world, as it has been given to a man who has demonstrated a remarkable ability for forgiveness and reconciliation which are the building blocks for a peaceful society.
Dr Mahathir, who remains an advocate for development, is a great personal friend of Nelson Mandela. In a rare gesture for a foreign head of government at the time, Dr Mahathir was among the first to meet Mr Nelson Mandela at the airport in Zambia in 1990, soon after his release from prison, where he has been imprisoned for 27 years.
President Mandela was an exceptional President for both South Africa and his political organisation, the African National Congress. He was truly the President South Africa needed during the fragile transitional period.
In the meeting they later held at a Zambian government guest house, Dr Mahathir presented Madiba with a silver keris, the symbol of Malaysiaâ€™s constitutional monarchy system of government. Thus distinguished ladies and gentlemen, this award further underscores the importance with which South Africa and President Mandela are regarded in this country. We are truly honoured, privileged and humbled to occupy this pride of place in the hearts and minds of the Malaysian people. We shall never be able to thank you enough for the solidarity and friendship shown to us during the struggle for liberation, and the cooperation and friendship between our two nations in the era of freedom and democracy.
His inauguration as the first President of free and democratic South Africa on the 10th May 1994 was the most liberating moment for all freedom-loving people in South Africa, Africa and the world. Madiba made a commitment on behalf of all South Africans, stating as follows; â€œNever, never and never again shall it be that this beautiful land will again experience the oppression of one by another and suffer the indignity of being the skunk of the world. Let freedom reign. The sun shall never set on so glorious a human achievement!â€? We are grateful to President Nelson Mandela for laying a firm foundation for the transformation of our country. It was under his leadership that South Africa developed a progressive Constitution that enshrines human rights through a Bill of Rights and which affirms the equality of all.
38 CRIMINALISE WAR OCT 2013
KLFCW Vol1 No4.indd 38
10/28/2013 2:12:06 PM
To give meaning to our freedom and to implement the provisions of the Constitution, from 1994, the democratic government under President Mandela immediately focused on building a new non-racial, non-sexist, democratic and prosperous society. President Mandela has acknowledged that the long walk is not yet complete. We still have many hills to climb. One hill that we must climb is one taking us to true economic and social emancipation. The challenges of poverty, inequality and unemployment remain. While we as South Africans value the foundation of peace and democracy and social transformation that President Mandela built during his Presidency, it is the commitment to reconciliation that stands at the core of the Mandela legacy. It influenced both his efforts to build a new democracy at home and his contribution to the resolution of conflicts in the larger world. When others doubted whether it was still possible for old enemies to beat their swords into ploughshares, he showed us how. Nelson Mandela’s leadership style was honed in the political culture of the African National Congress with its emphasis on cooperative,collective, and consultative leadership. In the international arena he sought, first, and wherever feasible, to work through multilateral organisations like the United Nations, the NonAligned Movement, the Organisation of African Unity and the Southern African Development Community. He was an especially important voice in efforts to maintain the nuclear non-proliferation edifice. He had special credibility in this regard because one of his first acts as President of the Republic of South Africa was to dismantle South Africa’s strategic nuclear programme. As President he was and remains a strong supporter of a ban on chemical and biological weapons, the banning of small weapons and de-mining.
The United Nations declared July 18, his birth date, as Mandela International Day in recognition of the remarkable contribution of this world statesman. On this day, people are encouraged to volunteer 67 minutes of their time to community service in honour of Madiba’s dedication of 67 years of his life working for human rights, peace, freedom and reconciliation. The international community through this gesture, ensures that even in retirement or ill health, Madiba continues to exert an influence on the world. It ensures that the good work he has done for humanity lives on which is his wish, as expressed by himself referring to his looming retirement from active politics a few years ago. He said, “It is no easy thing to rest while millions still bear the burden of poverty and insecurity. “Madiba’s influence comes from the attractiveness of his ideals, the elegance of his humanity and the power of his personal story. It comes from the powerful story of a freedom fighter who was prepared to do anything so that South Africans could live as equals in a society free of racism, racial discrimination and oppression of one by another. In fact, the totality of who Mandela is and what he lives and stands for can be summarised in no better words than his own, as expressed from the dock during his trial in 1964: He said; “I have fought against white domination and I have fought against black domination. I have cherished the ideal of a democratic and free society in which all persons live together in harmony and with equal opportunities. “It is an ideal which I hope to live for and achieve. But if need be, it is an ideal for which I am prepared to die”. I am humbled to accept the Lifetime Award for Global Peace from the Mahathir Global Peace Foundation, on behalf of Dr Nelson Mandela and on behalf of all 53 million South Africans who love him very much.” OCT 2013 CRIMINALISE WAR 39
KLFCW Vol1 No4.indd 39
10/28/2013 2:12:06 PM
Editorial A war averted, talks on reducing tension between two antagonists - a new CWC launched.....these are the headlines for this issue. Of course there was the trip to Cambodia as well. As we reach the tail end of another year, we have much to reflect upon and look forward to the coming year.
The Tribunal resumes its sitting and hopefully this time we will see a verdict on the pressing issue of Israel’s blatant aggression on a Palestinian people, helpless and battered for more than half a century. None has had the courage to file charges against the State of Israel - some say you can’t take a state to court - but why not, when the state is collectively and individually responsible for crimes against humanity? Whatever the final verdict, it’s time that Israel and her backers took note that someone far away is keeping a watchful eyes, and doing something about it. We are truly saddened by the tragic events in Syria with no end in sight. The only relief has been the fact that the international community placed sufficient pressure on the United States to stay away from its bombing mission over Syria. The Russiian Ambassador to Malaysia once remarked, “Mr Putin is a very smart man”. Now we know why.
For now the winds of war have abated and the world can pay attention to other matters - like the devastating typhoons, the flooding in several countries in the region and of course a few more skirmishes just to add to the overall tally of woes. On a more pleasant note, we welcome the formation of yet another Criminalise War Club, this time in the Cempaka Group of Schools - the first of its kind in the private ecucation sector. It was indeed a grand performance by students and staff, quite a bit of thought went into the skits and the presentation. At the same time, several other private instiutions were there to hear the Founder of the CWC, YAB Tun Dr Siti Hasmah Mohd Ali explain the role and functions of these clubs. As we have stated before, the aim is to have these CWCs in almost all schools in the country. While this may take a bit of time to be realised, the fact we now already have one in a government residential school and
Getting Syria to agree to destroy its stockpile of chemical weapons was a major coup in itself. Then the Nobel Peace Committee awarded the 2013 Peace Prize to the Organisation for the Prohibition of Chemical Weapons (OPCW) in what seemed to be a rather appropriate gesture.
40 CRIMINALISE WAR OCT 2013
KLFCW Vol1 No4.indd 40
10/28/2013 2:12:10 PM
another in a private institution augurs well for the movement. A point to note: Tunku Kurshiah College’s CWC organised a short trip to Cambodia for its members, accompanied by teachers and some members of the KLFCW. Although it was a rather cramped programme, our children were able to see the torture chambers and given a detailed explaination of what took place in that country when it was ruled by the Khmer Rouge. Although they only stayed in power for a little over three years, millions of Cambodians lost their lives to a brutal force, bent on creating a new nation of
black clad citizens. Intellectuals and civil servants were executed, Muslims were forced to give up their beliefs and practices. It was a traumatic time for the people, but they survived and are slowly rebuilding their lives and their country. What remains are a people who have forgiven their ruthless overlords even as some trials are being conducted on the remnants of the Khmer Rouge. But Cambodia has something that no other nation has to offer: Angkor Wat - the heritage ruins that rank as one of the “must visit” places on Earth. While we only had the time to see a tiny portion of this vast empire of stone and carvings, one wonders how long it may take to “see” Angkor and truly appreciate the wonders that lie within. To the children who went on this trip, they must try to appreciate what took place in Cambodia
and realise the cruelty that mankind is capable of inflicting on his fellow beings. Never must this be allowed to happen anywhere else in the world. The chidren must realise that these were descendants of an ancient civilisation who used their creativity to build a magnificent civilisation and which remained lost for centuries. Maybe that is not a true statement, for it is said that the Khmers never forgot about Angkor, it was only the West that did not know about it. That was until 1863 when the posthumous notes of a French naturalist, Henri Mouhot, were published.
Today much has been done to that splendid complex, but one look reminds you that much more will have to be done to restore it to its past glory. A timely reminder that the work of the CWC has only just begun, and much more needs to be done to get members to truly understand the meaning of war and destruction, of cruelty, of inflicting pain and suffering. A simple message might read this way: never let a misunderstanding fester, solve it by talking, by negotiating, by seeking settlement. There are no victors or vanquished, only friends who have solved a problem.
The Editor OCT 2013 CRIMINALISE WAR 41
KLFCW Vol1 No4.indd 41
10/28/2013 2:12:13 PM
CAMBODIA, A Living Legacy To A Terrible Past Any trip to the ancient Kingdom of Cambodia should never be undertaken over an extended weekend. Even Brother Number One* could have told you so. But when time is a constraint, then you make the best of it – pack it with activities, take in as such as you can, even when it’s the monsoon season. And forget about Angkor Wat – that would require weeks, months or even years to see, explore and understand. Cambodia, to the writer has a special meaning. Back in 1975 when that country was engaged in bitter civil war on several fronts and with American presence owing to the greater conflict in Vietnam, the black robed Khmer Rouge were sweeping all resistance and making inroads toward the Cambodian capital. Then on 17th April 1975, as a newsreader, this writer looked at the bulletin with its headline: Phnom Penh has fallen to the Khmer Rouge. Minutes before reading that headline, there was news that I had a baby daughter. Ten years on, when in Singapore, the United Nations High Commissioner for Refugees (UNHCR) arranged for an interview with a Cambodian lady who had escaped the slaughter and killings. She knew that her father, who was a magistrate under the French colonial government and who wore spectacles was killed, along with her mother and
some family members. She escaped as she had befriended a Swiss engineer and left days before the Khmer Rouge gained power. When asked if she would like to return to Cambodia, she replied: ”Yes, but to what…?” and burst out in sobs. In later years Prince Norodom Sihanouk and his son Prince Ranaridth were two personalities that this writer met and discussed the Cambodian issue. Later when Vietnam invaded Cambodia and set up a puppet regime, it was ASEAN (Association of Southeast Asian Nations) that led the international struggle to force the invaders to leave. By this time, the world had come to know of the “Killing Fields” and the horrible acts of cruelty imposed by *Brother Number One, Pol Pot. Slowly the world began to see the skulls and bones and pictures of those who were tortured. This was what Vietnam claimed it was fighting against, but to Asean and the international community, no nation has the right to impose its will on another nation, no matter how vile the regime was. This fight by Asean took several facets, and at international conferences.
During the years, the once king and soon to be future king, Sihanouk sought the help of friendly nations, including Malaysia to help restore his battered country. History will record this king, Sihanouk, as a maverick, who was enthroned, but gave up his throne so that he could have political 42 CRIMINALISE WAR OCT 2013
KLFCW Vol1 No4.indd 42
10/28/2013 2:12:14 PM
power, taunted the West, courted Communist states like the then Soviet Union and China and in the end got caught in a near death trap. Deposed, but hugely popular with his people, the Khmer Rouge installed him as the leader, but he was stripped of all power. A prisoner in his own castle, he escaped to carry on the fight for his people from outside. He also lost more than 20 immediate members of his large family to the Khmer Rouge. He remains revered in his country even after his death. Today, Cambodia gives the impression that itâ€™s a peaceful country, rebuilding, fighting the natural elements, living their lives. They openly talk of the sufferings that their parents underwent. They have preserved many of the gruesome torture chambers
and have opened them to the public, especially tourists. They give you detailed accounts of what happened, but can never tell you why their own people, the Khmer, did this to them. Sons would kill parents. Wearing of glasses was a passport to death or torture. Teachers and civil servants were considered intelligent and thus had to be eliminated. Reeducation was imposed and farming enforced slave labour.
Muslims were told to move out of their villages and pork was served. They showed no respect for any religion, monks and priests were summarily executed. But today, a slow rebuilding is taking place. People are living lives that they have enjoyed for centuries. However, one gets the feeling that there are under currents with the present leadership that has clung to power for more than 30 years now. Let us hope that no violence erupts. Cambodia, along with Vietnam are now members of an expanded Asean â€“ an irony in itself. While Vietnam has shown signs of economic growth, Cambodia remains very much an agricultural base. Industries are lacking, investment is slow in coming, an ancient way of life continues.
This trip was undertaken by a group of students, all members of the Criminalise War Club of Tunku Kurshiah College led by the principal that took them to Phnom Penh and Siem Reap, at the doorstep of Angkor Wat. Along the way, the group stopped off at a Muslim Village and were briefed in perfect Malay by the principal and the local imam on the type of activities they have.
OCT 2013 CRIMINALISE WAR 43
KLFCW Vol1 No4.indd 43
10/28/2013 2:12:15 PM
Men fish and plant some crops, especially rice. Women stay at home, with no means of gaining employment in the present circumstances. Gifts were presented to the village elders and a promise made that some funds would be raised to help in renovation work for the school. It was indeed a satisfying stop over, especially since a sumptuous meal was prepared by the men-folk for the visitors. It was a perfect send off for the long 7 hour drive to Siem Reap.
they are living in relative peace and harmony in Malaysia. Flash floods and the occasional land slip are the inconveniences.
Siem Reap was flooded in many parts, but another hearty meal seemed to take minds off the hard ride and the pot-holed highway. We had reached the gateway to Angkor Watâ€Ś.but that is another story to be told some time later.
The hope must be that members of the delegation, be they children of the CWC, the teachers and parent and even members of the Kuala Lumpur Foundation to Criminalise War (KLFCW) would have gained a greater appreciation of what the world truly is. On one hand were the killing fields, on the other a forgiving people and who are guardians of an ancient legacy, Angkor Wat.
Did we see Angkor Wat? Yes and No. A 20 US dollar entrance fee is charged for each entrant, and we did see some ancient ruins now being restored. If this imposing structure is a mere foretaste of the real complex, one wonders what it would take to truly see and appreciate the legacy of an ancient kingdom. This was an eye opener trip to all who participated in this epic journey. It gave a glimpse of what suffering is all about, it reminded students of how fortunate
A fellow passenger on the flight to Phnom Penh told us that the people are used to the storms and monsoon rains. They make provisions for this annual disruption. The passenger is a dentist who trained in Malaysia and now runs a flourishing practice in the capital.
(*Editorâ€™s Note: Brother Number One was the name given to Pol Pot, the leader of the Khmer Rouge who ordered the killing of millions of his fellow Cambodians, and who led perhaps one of the most reviled regimes in recent times. Although they only clung on to power for just over 3 years, the killings were brutal and the treatment meted out inhumane)
44 CRIMINALISE WAR OCT 2013
KLFCW Vol1 No4.indd 44
10/28/2013 2:12:16 PM
* The Charter was drafted by Prof Salleh Buang, a member of the KLFCW Board of Trustees.
OCT 2013 CRIMINALISE WAR 45
KLFCW Vol1 No4.indd 45
10/28/2013 2:12:18 PM
m s fro hool s n c S f tio ibu oup o r t n Co ka Gr pa em
Will You Live
To See Another Day? by Nimeesha Chan
Imagine a world without peace? A world without love, without care, without compassion. How many times have we aheard of countries in turmoil, people - adults and children alike - suffering in pain? Like zombies, we just wake up every morning, praying for our daily survival, and keeping our loved ones alive.
sense of fear over and over again, never having the comfort and the peace to sleep. For today, you may have survived, but others didn’t. Thus, associations like the KLFCW have been set up as a step closer to achieving world peace.
On the 25th of September 2013, Cempaka Cheras had a very significant assembly, in conjunction with the launch of the Criminalising War Club. To grace the occasion was YABhg Tun Dr Mahathir Mohamad, YABhg Tun Dr Siti Hasmah Mohd Ali, the founder of the Kuala Lumpur Foundation to Criminalise War (KLFCW), Dato’ Dr Yaacob Merican, the Secretary-General of the KLFCW, and our dear Founder-Mentor Dato’ Freida. A special programme was put on for the guests and to quote Don Emeely and Iffah Umairah, it was a ‘much needed wake-up call’. It started with a bang, followed by troops storming the stage. Fists and blows were exchanged, and multiple gunshots filled the air. In just a matter of minutes, a raging fight had turned into a silent battleground. Only two soldiers and a war hostage remained, amidst the dead corpses lying about. The audience, shocked and trying to absorb the gory scene in front of them, held their breath in anticipation and dread. “Bang!” a single gunshot pierced through the air, and with it, another life was lost. Mothers and children ran to the scene, but it was too late. Their heart-wrenching cries of pure grief and pain was enough to put anyone to tears. This was not just a fighting scene, but one that showed what people in other war-affected countries have to endure. The pain of losing a loved one, the fear of losing another, does it ever end? Every day, these people have to relive the terrible
Later at an interview between the heads of our YJC clubs from the three campuses and YAB Tun Dr Siti Hasmah and Dato’ Dr Yaacob Merican, the Founder of the CWC noted: “A family is unique, like a strong block, and everyone fits in very well. But once a piece doesn’t fit in very well the whole thing crumbles. And if there are any conflicts we sit down together and talk about it, not kill each other.” That is something that we can certainly agree. What happened to simple human compassion? We say we humans have developed and evolved, yet is this what we really are? We are the future generation. It is us who will affect the world, and its people, and it is us who can make the difference. “All the best to you, young people. We rely on you for the future and justice, and there will be no peace, no absolute peace, if we don’t stop war” - YAB Tun Dr Siti Hasmah
46 CRIMINALISE WAR OCT 2013
KLFCW Vol1 No4.indd 46
10/28/2013 2:12:19 PM
Co mp ntri aka but Gr ions ou p o from fS ch oo ls
Face-To-Face with Tun Dr. Siti Hasmah & Dr. Yaacob Merican
remember when we took my granddaughter to the first exhibition we had, and she went around quite “Iblank, keeping her emotions in. Then, all of a sudden she burst out crying. She couldn’t believe that children her age somewhere else were going through all this. And when you listen to the victims in the Commission, in the hearing, you tear up at their stories- at what happened to them, it’s just unbelievable.
then, that when in wars, when there are thousands, hundred thousands, millions of people, regardless of age, the perpetrators are just killing and killing without being charged. In fact, they’re glorified, given medals, statues and become heroes. Isn’t it unfair?
She was a regal looking lady, dressed in a pastel pink baju kurung with pearls resting demurely around her neck, her white handbag in her lap as she sat on the chair. Her gentle demeanor and warm voice definitely relaxed us, as nervous and excited as we were at having the opportunity to interview such a respected figure in the Malaysian society. Though soft-spoken, her words rang with a deep passion that was undeniable. Soon we found ourselves loosening up and immensely enjoying the engrossing discussion. First off, Tun Dr. Siti Hasmah explained the justification behind criminalising war and the main reason why the KLFCW was formed. As noted by Albert Einstein, killing under the cloak of war is nothing but an act of murder. How is one justified to wage war on terrorism, when war itself is an act of terrorism? How can one man kill another, just because of a mere uniform, because some higher power decreed them to do so? How can one man ask another, to kill? “If a person kills another person, it’s murder and the killer will be charged and punished for it. Why is it
““The victims of this war are usually mostly the noncombators - just ordinary people. The children, the women, they are the ones who suffer, paying the ultimate price of death just because someone who is so greedy or whatever motive or agenda they had decided to have them killed. We had a conference regarding the impact of war on children, and that’s when we decided that we should begin to teach children to be aware of what war is. We started CWC for the children. We want peace but there will be no absolute peace if war is not stopped legally,” clarified Tun Dr. Siti Hasmah. Besides forming Criminalise War Clubs in schools, the KLFCW also aims to spread the motion of promoting peace through professional fields such as the medical, legal and scientific fields. When asked on how they planned to initiate this movement in those different fields, Tun Dr. Siti Hasmah explained that it was crucial to first give the people a clear view of what war is. “First thing before we start any of these projects, you have to tell the people about what the whole thing is about, that means like a campaign of awareness. Even in the medical field, we must first talk about what is war actually.” OCT 2013 CRIMINALISE WAR 47
KLFCW Vol1 No4.indd 47
10/28/2013 2:12:20 PM
rom ls s f choo n fS tio bu up o i r o nt Co ka Gr a Amanda Tiew, head of the YJC editorial in CILC also mp Ce
posed a question that we felt had much relevance in our situation. She noted that our country being blessedly untainted by the ravages of war, the younger generation may find it hard to relate and empathise with war crimes as compared to people who have actually lived through wars and ‘eaten the salt’. How can we bridge the gap? “Because you’re not born during wartime, you’re born with peace around you, you have everything. To make the younger people aware, we must for example, encourage them to attend conferences and to listen to the speakers who talk about war. That’s why the exhibition is very important, and there’s nothing like going to places where there are still relics of war like Vietnam and Cambodia. “I’m very fortunate to have been to places where they have had conflicts - Hiroshima after the war and Nagasaki. Photographs, related to people who have been victims of war in that time and place, are particularly important. I remember when we took my granddaughter to the first exhibition we had, and she went around quite blank, keeping her emotions in. “Eventually she just burst out crying. She couldn’t believe that children her age somewhere else were going through all this. And when you listen to the victims in the Commission, in the hearings, you tear up their stories - what happened to them, it’s just unbelievable.” KLFCW is trying to achieve what other ordinary courts refuse to undertake. According to Dato’ Yaacob, the Secretary-General “All this actually started when a British peer by the name of Lord Russel had the view that the war in Vietnam was an unjust war, but those who committed that unjust war were left free. So what he wanted to do was to get a team of concerned people all over the world as jurors, and he called in people to give evidence about the Vietnam War. Some of the people who came as witnesses were people who ran away from being drafted as soldiers to places like Canada. It became a ‘tribunal of conscience’. In our case, we wanted to do something better. We wanted to have a panel
of judges who listen to cases like an ordinary international court. The only thing we don’t have is the power to punish them. We are hoping that countries who are brave enough, who care enough about criminalising war will take it upon themselves to arrest these people based on our evidence if they were to go into their country.” For example, there was one KLFWC tribunal two years ago, in which George Bush and Tony Blair were found guilty. Though people laughed because the KLFCW had no power to enforce anything, certain countries like Belgium, said that they would act on KLFWC’s behalf on their evidence, to arrest the perpetrators should they step into their country. “So we have done something,” says Dato’ Yaacob. “It will take a long time, but then again it took thousands of years to abolish slavery.” And as Dato’ Freida says, “It is people like us who will make the difference. It is the younger generation of today who will become leaders, or be the ones who vote for leaders in the future.” Tun Dr. Siti Hasmah also stressed on communication being the key to prevent wars : The efforts and objectives of the KLFCW are admirable. Having the courage to do what some cower from, this organisation stands firm, dedicated to its cause and devoted to doing the world justice, standing for those who can’t stand for themselves. They are aware that goals of will take some time to be realised, but doing something, is better than nothing at all. As Dr. Yaacob has stated, it has taken thousands of years to abolish slavery (which even still has traces left behind). Similarly, the fight against war will undoubtedly take time, whether it be years, decades or centuries, but if armed with the same resilience and spirit that started this motion, it’s possible. by Amanda Lee Yue Ping & Chin Wye Mun, Junior 1 Cempaka, Class of 2014
48 CRIMINALISE WAR OCT 2013
KLFCW Vol1 No4.indd 48
10/28/2013 2:12:21 PM
CHARTER OF THE KUALA LUMPUR FOUNDATION TO CRIMINALISE WAR
[As adopted by Resolution No. 6 of the Kuala Lumpur Foundation to Criminalise War Inc. and entered as Statute VIIIA and Statute VIIIB respectively in the Statute Book of the Foundation on 6th June 2008 - incorporating all amendments up to 20th September 2013.]
INTRODUCTORY NOTE In 2005 the Perdana Global Peace Organisation (PGPO), of which His Excellency Tun Dr. Mahathir Mohamad is the Chairman, organised the Kuala Lumpur Global Peace Forum. The Forum, held on 14-17 December 2005 at the Putra World Trade Centre (PWTC) Kuala Lumpur was attended by more than 2000 people from all the five continents. In his keynote address at the Conference Tun Dr. Mahathir said, inter alia, that “We would like this Conference to be the beginning of a world-wide sustained effort to criminalise war and banish it as an option in the settlement of disputes and conflicts between nations; to recognise and define war as legitimised mass murder, as inhuman and uncivilised. We would like this conference to reject war totally and to accept peace as worthy of being the true expression of the humaneness and nobility of humankind, that peace be the ultimate measure of the level of civilisation humanity should strive for, should attain.”
Tun Dr. Mahathir also said that the “primary purpose of this peace Conference… is to initiate and help make effective a sustained campaign against war, a campaign to make the killing of people as a means of solving disputes between nations illegal.” At the Forum, which spanned over 4 days, 8 separate sessions and involving more than 30 well-known national and international speakers, the participants issued a historic document known as the THE KUALA LUMPUR INITIATIVE TO CRIMINALISE WAR. That Initiative reads as follows The Kuala Lumpur Global Peace Forum of concerned peoples from all five continents are: UNITED in the belief that peace is the essential condition for the survival and well-being of the human race, DETERMINED to promote peace and save succeeding generations from the scourge of war,
2013 CRIMINALISE WAR 49i RULES OF PROCEDURE AND EVIDENCE OF THE KUALA LUMPUROCT WAR CRIMES TRIBUNAL KLFCW Vol1 No4.indd 49
10/28/2013 2:12:21 PM
OUTRAGED over the frequent resort to war in the settlement of disputes between nations,
Non-Governmental Organisations committed to the promotion of peace should be set up in all nations.
DISTURBED that militarists are preparing for more wars,
Public servants and professionals, particularly in the medical, legal, educational and scientific fields, must promote peace and campaign actively against war.
TROUBLED that use of armed force increases insecurity for all, and TERRIFIED that the possession of nuclear weapons and the imminent risk of nuclear war will lead to the annihilation of life on earth. To achieve peace, we now declare that: Wars increasingly involve the killing of innocent people and are, therefore, abhorrent and criminal. Killings in war are as criminal as the killings within societies in times of peace. Since killings in peace time are subject to the domestic law of crime, killings in war must likewise be subject to the international law of crimes. This should be so irrespective of whether these killings in war are authorised or permitted by domestic law. All commercial, financial, industrial and scientific activities that aid and abet war should be criminalised. All national leaders who initiate aggression must be subjected to the jurisdiction of the International Criminal Court. All nations must strengthen the resolve to accept the purposes and principles of the United Nations Charter and institute methods to settle international disputes by peaceful means and to renounce war. Armed force shall not be used except when authorised by a Resolution passed by twothirds majority of the total membership of the General Assembly of the United Nations. All legislators and all members of Government must affirm their belief in peace and pledge to strive for peace. Political parties all over the world must include peace as one of their principal objectives.
The media must actively oppose war and the incitement to war and consciously promote the peaceful settlement of international disputes. Entertainment media must cease to glorify war and violence and should instead cultivate the ethos of peace. All religious leaders must condemn war and promote peace. To these ends the Forum resolves to establish a permanent Secretariat in Kuala Lumpur to: IMPLEMENT this Initiative, OPPOSE policies and programmes that incite war, and SEEK the cooperation of NGOs worldwide to achieve the goals of this Initiative. The Initiative was signed by Tun Dr. Mahathir and 11 other international personalities, namely: Imam Feisal Abdul Rauf Prof Francis A. Boyle Dr. Helen Caldicott Prof Michel Chossudovsky Mr Denis J. Halliday Mr Hans-Christof Von Sponeck Dato’ Mukhriz Mahathir Dato’ Michael OK Yeoh Mr Matthias Chang Dr. Chandra Muzaffar Prof Shad Saleem Faruqi In the following year (June 2006), the Perdana Leadership Foundation organised another Peace Forum with a closed door session on the issue of “Criminalise War. Stop World War IV,” and subsequently a panel discussion on “Building An Action Plan for the Global Network for Peace.”
OCTKUALA 2013 LUMPUR WAR CRIMES COMMISSION 50 CRIMINALISE ii CHARTER WAR OF THE KLFCW Vol1 No4.indd 50
10/28/2013 2:12:21 PM
In his opening speech at this Conference, Tun Dr. Mahathir reminded the participants that -
This handy pocket-size publication, intended to inform the general public of what our various Institutions under KLFCW would be doing in pursuit of our objective to criminalise war and to energise peace, contains the basic constitutional document establishing the Kuala Lumpur War Crimes Commission, the War Crimes Tribunal as well as other Institutions under the umbrella of KLFCW.
It is time we renounce killing masses of people in order to solve international disputes. It is time we renounce WAR! Defensive war would not be necessary in the absence of wars of aggression. Trillions of dollars would be saved as nations scale down their war machines…
This important document is called the Charter of the Kuala Lumpur War Crimes Commission and Rules of Procedure and Evidence of the Kuala Lumpur War Crimes Tribunal. It was signed by the Trustees of the Kuala Lumpur Foundation to Criminalise War Inc on 6th June 2008 in Kuala Lumpur.
Unless war is made illegal the whole world will have to endure an endless state of war between the powerful and the weak. There would be no security for anyone whether involved or not involved. There would be no place in the world that would be safe. Instead of diminishing, instead of peace we are going to see endless escalating wars with ways of killing and destruction we cannot always anticipate or prepare for…
Part I of the document contains 15 Articles providing for the establishment of the Institutions (Article 1), objectives of the Commission (Article 2), seat of the Institutions (Article 3), legal status and power of the Commission and the Tribunal (Article 4), composition of the Commission (Article 5), the Tribunal (Article 6), jurisdiction of the Commission and the Tribunal (Article 7), crimes against peace (Article 8), crimes against humanity (Article 9), Genocide (Article 10), war crimes (Article 11), Legal Team (Article 12), the Secretariat (Article 13), financial matters (Article 14), and miscellaneous provisions (Article 15).
In February 2007, the Foundation organised an International Conference and Exhibition, themed “Expose War Crimes, Criminalise War” at the Dewan Merdeka, PWTC, Kuala Lumpur. It was attended by over 3000 people from all over the globe.
War is a crime. It is primitive and not in keeping with the stage of our civilisation. It is our bounden duty to make war illegitimate, to make war a crime.” In one of the sessions at this International Conference, the participants heard a live testimony by Ali Shalah, one of the victims of torture at Abu Ghraib Prison in Iraq. It was at the conclusion of this Conference that a decision was made for the establishment of a formal body in the form of the Kuala Lumpur Foundation to Criminalise War Inc (KLFCW), an entity incorporated under the laws of Malaysia, under which the Kuala Lumpur War Crimes Commission, the Kuala Lumpur War Crimes Tribunal and other supporting Institutions can be legally established and function.
Part II contains 35 Articles setting out in detail rules of procedure and evidence of the Tribunal. Minimum standards of fair procedure and evidence are provided for in Article 2, the charge to be preferred to an accused in Articles 3 to 5, service of the charge and trial dates in Articles 6 to 8, oral and documentary evidence and authorities in Articles 9 to 11, interlocutory applications and preliminary objections in Articles 12 to 13, case management in Article 14, mode of proceedings in Articles 15 to 31, verdict in Articles 32 to 34, and finally register of war criminals in Article 35.
2013 CRIMINALISE WAR 51 iii RULES OF PROCEDURE AND EVIDENCE OF THE KUALA LUMPUROCT WAR CRIMES TRIBUNAL KLFCW Vol1 No4.indd 51
10/28/2013 2:12:21 PM
CHARTER OF THE KUALA LUMPUR FOUNDATION TO
known as the Kuala Lumpur International Peace Foundation Incorporated), under its Statute IV, has provided for the establishment of the following institutions, Have agreed as follows:
PART 1 THE INSTITUTIONS
Article 1 Establishment of the Institutions
The Parties hereto, Conscious that grave crimes continue to threaten the peace, security and well-being of the world, Mindful that these crimes must not be allowed to go unpunished, Determined to bring to justice the perpetrators of these crimes and to prevent the repetition of such crimes in the future, Recalling that it is the duty of every State to exercise its criminal jurisdiction over those responsible for international crimes, Reaffirming the Purposes and Principles of the Charter of the United Nations, and in particular that all States shall refrain 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, Emphasising in this connection that nothing in this Charter shall be taken as authorizing any State Party to intervene in an armed conflict or in the internal affairs of any State, Determined to establish an independent War Crimes Tribunal with jurisdiction over the most serious crimes of concern to the international community as a whole, Resolved to guarantee lasting respect for and the enforcement of international justice, Recalling that the Kuala Lumpur Foundation to Criminalise War Incorporated (formerly
There shall hereby be established the Kuala Lumpur War Crimes Commission (“the Commission”), the Kuala Lumpur War Crimes Tribunal (“the Tribunal”), the Kuala Lumpur War Crimes Legal Team (“the Legal Team”) and the Kuala Lumpur War Crimes Secretariat (“the Secretariat”), whose functions and jurisdiction, respectively, shall be governed by the provisions of this Charter. Article 2 Objectives of the Commission 1.
The general objectives of the Commission are to (i)
To receive and investigate complaints from victims of wars and armed conflicts in relation to crimes against peace, war crimes, crimes against humanity and other like offences as recognised under international law;
(ii) To put an end to all war crimes and crimes against humanity currently perpetrated by any government in any part of the globe; (iii) To bring war criminals of any nationality to justice; (iv) To prevent the recurrence of war crimes, crimes against peace, crimes against humanity, in the future.
OCTKUALA 2013 LUMPUR WAR CRIMES COMMISSION 52 CRIMINALISE iv CHARTER WAR OF THE KLFCW Vol1 No4.indd 52
10/28/2013 2:12:21 PM
The specific objectives of the Commission include the investigation of the following – (i)
War crimes committed in Iraq;
Article 6 The Tribunal
(ii) War crimes committed in Palestine; (iii) War crimes committed in Afghanistan; (iv) War Crimes committed in Lebanon; (v) Other war crimes referred to the Commission.
The Tribunal shall serve as the judicial arm of KLFCW.
The Tribunal shall comprise a body of eminent persons with legal qualifications, regardless of their nationality, not exceeding 15 and appointed by the Board of Trustees of the Kuala Lumpur Foundation to Criminalise War
The Deputy Chairman of KLFCW shall be the President of the Tribunal and in that capacity, he shall have a casting vote.
Every member of the Tribunal shall, before taking up his duties, make solemn declaration that he will exercise his powers impartially and conscientiously.
A quorum of five Judges shall suffice to constitute the Tribunal in the event that the President is indisposed or unable to discharge his duties, the judges shall elect from among themselves an Acting President.
The Tribunal shall appoint its Registrar and may provide for the appointment of such other officers as may be necessary.
The Tribunal shall make its own rules for carrying out its functions including holding case management proceedings. In particular, it shall lay down rules of procedure and evidence.
The official language of the Tribunal shall be English. The Tribunal shall, at the request of any party, authorise a language other than English to be used by that party.
Article 3 Seat of the Institutions 1.
The seat of the Institutions shall be in Kuala Lumpur, Malaysia.
The Commission, the Legal Team and the Secretariat shall operate from their headquarters in Kuala Lumpur, but the Tribunal may sit anywhere else outside Kuala Lumpur, whenever it considers it necessary or expedient to do so. Article 4 Legal status and powers of the Commission & the Tribunal
The Commission and the Tribunal shall have international legal personality. They shall also have such legal capacity as may be necessary for the exercise of their functions and the fulfillment of their purposes. Article 5 Composition of the Commission 1.
The Commission shall consist of not more than 11 eminent persons, referred to as “the Commissioners”, appointed by the Board of Trustees of the Kuala Lumpur Foundation to Criminalise War (hereinafter referred to as “KLFCW”). The Commissioners may be of any nationality but need not possess any legal qualification.
When discharging their duties in relation to Article 2 of this Charter, a quorum of five (5) members shall suffice to constitute the Commission.
2013 CRIMINALISE WAR 53 v RULES OF PROCEDURE AND EVIDENCE OF THE KUALA LUMPUROCT WAR CRIMES TRIBUNAL KLFCW Vol1 No4.indd 53
10/28/2013 2:12:22 PM
The hearing by the Tribunal shall be public, unless the Tribunal shall decide otherwise or unless the parties demand that the public be not admitted.
cases shall only be made through a firm of Solicitors. (e) In the exercise of its advisory functions the Tribunal shall further be guided by the provisions of the present Charter and Rules of Procedure and Evidence of the Kuala Lumpur War Crimes Tribunal which apply in contentious cases to the extent to which they recognise them to be applicable.
Article 7 Jurisdiction of the Commission and the Tribunal 1.
The Commission and the Tribunal shall have jurisdiction under this Chapter in respect of the following crimes: (a) (b) (c) (d)
Crimes against peace; Crimes against humanity; Genocide; War crimes.
(a) The Tribunal may, in its absolute discretion, give an advisory opinion on any question of International Law of substantial public importance at the request of the War Crimes Commission, the Legal Team, the parties before the Tribunal or any one or more of the amici curiae appointed by the Tribunal in any particular case. (b) Questions upon which the advisory opinion of the Tribunal is asked shall be laid before the Tribunal by means of a written request containing an exact statement of the question upon which an opinion is required, and accompanied, where necessary, by all documents likely to throw light upon the question. (c) If the Tribunal agrees to comply with such a request, the Registrar shall forthwith give notice of the request for an advisory opinion to all concerned who shall be entitled to make written submissions before the Tribunal. (d) Unless the request for an advisory opinion is from the Commission or the Legal Team, requests in other
Article 8 Crimes against peace 1.
A crime against peace refers to planning, preparation, initiation, or waging of wars of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing. Article 9 Crimes against humanity
For the purpose of this Charter, â€œcrime against humanityâ€? means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack: (a) (b) (c) (d)
Murder; Extermination; Enslavement; Deportation or forcible transfer of population; (e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; (f) Torture; (g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation, or any other form of sexual violence of comparable gravity;
OCTKUALA 2013 LUMPUR WAR CRIMES COMMISSION 54 CRIMINALISE vi CHARTER WAR OF THE KLFCW Vol1 No4.indd 54
10/28/2013 2:12:22 PM
(h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender or other grounds that are universally recognised as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Tribunal; (i) Enforced disappearance of persons; (j) The crime of apartheid; (k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health; (l) Imposition of unjust sanctions and blockade to impoverish civilian populations.
For the purpose of this Charter, “war crimes” means: (a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention: (i)
Torture or inhuman treatment, including biological experiments;
(iii) Wilfully causing great suffering, or serious injury to body or health; (iv)
Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;
Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power;
Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;
Article 10 Genocide For the purpose of this Charter, “genocide” means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: (a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) Imposing measures intended to prevent births within the group; (e) Forcibly transferring children of the group to another group. Article 11 War crimes 1.
The Tribunal shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes.
(vii) Unlawful deportation or transfer or unlawful confinement; (viii) Taking of hostages. (b) Other serious violations of the laws and customs applicable in international armed conflicts, within the established framework of international law, namely, any of the following acts: (i)
Intentionally directing attacks against the civilian population as such or against individual
2013 CRIMINALISE WAR vii 55 RULES OF PROCEDURE AND EVIDENCE OF THE KUALA LUMPUROCT WAR CRIMES TRIBUNAL KLFCW Vol1 No4.indd 55
10/28/2013 2:12:22 PM
civilians not taking direct part in hostilities; (ii)
Intentionally directing attacks against civilian objects, that is, objects which are not military objectives;
(iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflicts; (iv)
of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury;
Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;
Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives;
Killing or wounding a combatant who, having laid down his arms or having no longer means of defence, has surrendered at discretion;
(vii) Making improper use of a flag of truce, of the flag or
(viii) The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory; (ix)
Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;
Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;
Killing or wounding treacherously individuals belonging to the hostile nation or army;
(xii) Declaring that no quarters will be given;
OCTKUALA 2013 LUMPUR WAR CRIMES COMMISSION 56 CRIMINALISE viii CHARTER WAR OF THE KLFCW Vol1 No4.indd 56
10/28/2013 2:12:23 PM
(xiii) Destroying or seizing the enemyâ€™s property unless such destruction or seizure be imperatively demanded by the necessities of war; (xiv) Declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party; (xv) Compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerentâ€™s service before the commencement of the war; (xvi) Pillaging a town or place, even when taken by assault; (xvii) Employing poison or poisoned weapons; (xviii) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices; (xix) Employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions; (xx) Employing weapons, projectiles and material and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of the international law of armed conflicts;
(xxi) Committing outrages upon personal dignity, in particular humiliating and degrading treatment; (xxii) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions; (xxiii) Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations; (xxiv) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law; (xxv) Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions; (xxvi)Conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate actively in hostilities; (xxvii ) Destruction, pillage and spoilation of the economies of countries under military occupation.
2013 CRIMINALISE WAR 57 ix RULES OF PROCEDURE AND EVIDENCE OF THE KUALA LUMPUROCT WAR CRIMES TRIBUNAL KLFCW Vol1 No4.indd 57
10/28/2013 2:12:23 PM
(c) In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause: (i)
Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
Committing outrages upon personal dignity, in particular humiliating and degrading treatment;
distinctive emblems of the Geneva Conventions in conformity with international law; (iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflicts; (iv)
Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;
Pillaging a town or place, even when taken by assault;
Committing rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation, and any other form of sexual violence also constituting a serious violation of Article 3 common to the four Geneva Conventions;
(iii) Taking of hostages; (iv)
The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognised as indispensable.
(d) Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts: (i)
Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;
Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the
(vii) Conscripting or enlisting children under the age of fifteen years into armed forces or groups or using them to participate actively in hostilities; (viii) Ordering the displacement of the civilian population for reasons related to the
OCTKUALA 2013 LUMPUR WAR CRIMES COMMISSION x58 CRIMINALISE CHARTER WAR OF THE KLFCW Vol1 No4.indd 58
10/28/2013 2:12:23 PM
conflict, unless the security of the civilians involved or imperative military reasons so demand; (ix)
Killing or wounding treacherously a combatant adversary;
Declaring that no quarters will be given;
Subjecting persons who are in the power of another party to the conflict to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;
(xii) Destroying or seizing the property of an adversary unless such destruction or seizure be imperatively demanded by the necessities of the conflict.
functions and duties assigned to it by the Board of Trustees of KLFCW, namely â€“ (a) The Prosecution Division (prosecuting offenders before the Tribunal); (b) The Defence Division (providing legal aid to accused, if such aid is requested); (c) The Victims Unit Division (looking after the interest of victims & their dependants during the course of the proceedings before the Tribunal). Article 13 The Secretariat 1.
There shall be established a Secretariat to assist KLFCW and its other Institutions in all their administrative functions. The Secretariat shall comprise a SecretaryGeneral, the Deputy Secretary-General and such other officers and staff as the Board of Trustees of the KLFCW shall determine.
The Secretary-General shall be the chief administrative officer of KLFCW and all its Institutions. He shall also perform such other functions as are entrusted to him by the Board of Trustees of KLFCW. He shall make an annual report to the Board of Trustees of KLFCW on the work of KLFCW and all its Institutions.
The Secretary-General shall provide for the Secretariatâ€™s own procedure in the discharge of its functions and duties.
Article 12 Legal Team 1.
The Legal Team shall initially comprise of five Malaysian lawyers, appointed by the Board of Trustees of KLFCW. The Board of Trustees of KLFCW shall increase the membership of the Legal Team by appointing additional lawyers from Malaysia and abroad, from time to time as and when it deems it necessary to do so. The Legal Team shall as soon as practicable establish 3 distinct divisions, each responsible for discharging the
Article 14 Financial matters The Board of Trustees of KLFCW shall determine the allowances and disbursements payable to its members, witnesses and all other officials, staff and persons involved in the work of KLFCW and its other Institutions.
2013 CRIMINALISE WAR 59 xi RULES OF PROCEDURE AND EVIDENCE OF THE KUALA LUMPUROCT WAR CRIMES TRIBUNAL KLFCW Vol1 No4.indd 59
10/28/2013 2:12:23 PM
must be expressed clearly and exactly and supported by sufficient and relevant grounds and facts;
Article 15 Miscellaneous provisions The Board of Trustees of KLFCW may, from time to time, make provisions for any other matter that it deems necessary to enable it to carry out its work more effectively in furtherance of the objectives spelt out in this Charter.
PART 2 RULES OF PROCEDURE AND EVIDENCE OF THE TRIBUNAL
(d) Every person charged must be accorded a right of hearing (whether oral or written) and the fullest opportunity to answer the charge(s) must be accorded; (e) Every person charged must be informed of his right to legal representation of his choice; (f)
CHAPTER I GENERAL Article 1 The Tribunal shall at their first meeting establish and adopt rules of procedure and evidence in accordance with the minimum standards and guidelines established by these Rules. The Tribunal shall be mindful of their function as a tribunal of conscience and shall thereby act on fair, transparent and just procedure.
The proceedings shall at all times respect human dignity and shall only act on the basis of proven facts established on relevant evidence after full and fair proceedings;
(g) A full and complete documentary record of the proceedings shall be kept and made available to every person charged and the public; (h) The Tribunal shall provide a full reasoned decision based on the relevant evidence found to be admissible and fair; (i)
The burden of proof shall be on the basis of beyond reasonable doubt;
The minimum standards of fair procedure and evidence shall comprise the following:
The onus of proof shall be on the prosecuting team throughout the proceedings;
(a) Every person against whom a petition or charge is made shall be presumed innocent until his culpability is established on the evidence;
(k) In the event of a lacuna in the rules, the Tribunal shall adopt rules which comply with international standards of fairness and justice.
(b) The proceedings shall be in public unless circumstances arise which require the proceedings to be continued in private on the basis of sound reasons (e.g. to protect the identity and evidence of victims of sexual offences, or otherwise to guarantee the personal safety of the witness );
CHAPTER II THE CHARGE Article 3 The Charge shall state the offence with which the person is charged before the Tribunal.
(c) Every person charged must be informed of the exact charge(s) against him which OCTKUALA 2013 LUMPUR WAR CRIMES COMMISSION 60 CRIMINALISE xii CHARTER WAR OF THE KLFCW Vol1 No4.indd 60
10/28/2013 2:12:24 PM
The offence must be positively and precisely stated so that the person charged may know with certainty the charged offence.
Upon receipt of the Charge, the Tribunal shall decide on the dates for the commencement of proceedings which shall not be less than two months from the date of filing of the Charges with the Registrar of the Tribunal.
Article 5 The Charge shall contain sufficient particulars as to time and place of the alleged offence(s) and the person(s) against whom the offence(s) was or were committed as are reasonably sufficient to give the accused notice and a reasonable and fair opportunity to respond.
CHAPTER III SERVICE OF THE CHARGE & TRIAL DATES Article 6 (a) The Registrar of the Tribunal shall cause to be served on the accused a copy of the Charge or Charges before the commencement of any proceedings of the Tribunal. b)
If the Charge involves a Sovereign State, a current head of state/government or a former head of state/government, service of a copy thereof to any relevant Embassy or High Commission shall suffice and the accused is deemed to have been served.
(c) In all other cases, such as military commanders (serving or retired) and government officials, service of the charge shall be deemed effected if sent to the last known office of the accused. Article 7 Each Tribunal member shall be supplied a copy of the Charge.
CHAPTER IV ORAL & DOCUMENTARY EVIDENCE AND AUTHORITIES Article 9 (a) The Prosecution Team shall submit their authorities and outline of the Prosecutionâ€™s submission not later than fourteen (14) days from the date of the commencement of the proceedings and the Defence team shall submit their authorities not later than seven (7) days from the date of the commencement of the proceedings of the Tribunal. (b)
The evidence of witnesses shall preferably be in the form of a written testimony/affidavit with exhibits of the relevant documentary and photographic evidence. Article 10
The evidence of witnesses shall be by way of Witness Statements in the form of an affidavit. The witnesses are required to file Witness Statements and such statements shall be read by the witnesses at the trial. The filing of such witness statements shall not preclude a witness from making further oral testimony at the trial if circumstances necessitate such additional evidence. Article 11 (a) The accused person shall also file witness statements prior to the commencement of proceedings of the tribunal.
2013 CRIMINALISE WAR xiii 61 RULES OF PROCEDURE AND EVIDENCE OF THE KUALA LUMPUROCT WAR CRIMES TRIBUNAL KLFCW Vol1 No4.indd 61
10/28/2013 2:12:24 PM
(b) Public documents which are records of sovereign authorities, of public officers, legislative, judicial, executive, municipal and military, of official bodies, Courts and Tribunals of any country and of an International Organisation, shall be accepted as documentary evidence, inclusive of electronic records of such documents. The Tribunal shall presume unless the contrary is proved that the electronic record has not been altered.
CHAPTER V INTERLOCUTORY APPLICATIONS & PRELIMINARY OBJECTIONS Article 12 All interlocutory applications including applications to recuse a Judge of the Tribunal must be filed with the Registrar not later than ten (10) days prior to the commencement of the proceedings, supported by cogent evidence. Article 13 Notice of any preliminary objection to the jurisdiction of the Tribunal must be filed not later than ten (10) days prior to the commencement of the proceedings.
CHAPTER VI CASE MANAGEMENT Article 14 Case management shall be held not later than seven (7) days of the commencement of the proceedings, to be chaired by the President, or in his absence, by any Judge of the Tribunal nominated by the President.
CHAPTER VII MODE OF PROCEEDINGS Article 15 The Tribunal proceedings shall commence with a reading of the Charge which shall be explained to the accused in person if he is present. Article 16 If the accused is not personally present before the Tribunal, the Tribunal shall inquire into the circumstances of his absence. The Tribunal shall be aided by the Prosecution Team in this regard, and will need to be satisfied on the evidence that the accused has been served with the charge or otherwise been sufficiently informed of the commencement of the proceedings. Article 17 The reason(s) for the absence of the accused shall be duly recorded and shall form part of the official record of the proceedings. Article 18 If the Tribunal is satisfied that the accused is for any reason unwilling to appear in person or unwilling to appoint counsel to represent him before the Tribunal, the Tribunal shall appoint one or more amici curiae from the Defence Division of the Legal Team to assist the Tribunal by presenting an unbiased assessment of the charge and evidence against the accused. Article 19 The amicus curiae appointed shall be a person independent of the Prosecuting Team. Article 20 The Prosecution Team shall begin by making an opening address by outlining the case against the accused.
OCTKUALA 2013 LUMPUR WAR CRIMES COMMISSION 62 CRIMINALISE xiv CHARTER WAR OF THE KLFCW Vol1 No4.indd 62
10/28/2013 2:12:24 PM
After the conclusion of the opening address, the Tribunal shall receive the oral testimony of the witnesses or their respective written testimony where filed and made available. Oral evidence through video conference may be permitted by the Tribunal.
The accused or his counsel or the amicus curiae, as the case may be, may submit no case to answer at the conclusion of the case of the Prosecution Team.
In the event the Tribunal decides that there is a prima facie against the accused, the Tribunal shall proceed to receive evidence from the accused or his witnesses where present and available, or in absence to hear submissions from the amicus curiae.
The conduct of examination of witnesses shall be adversarial. Article 23 The accused or his counsel shall have the right to cross-examine each witness. Article 24 Where the accused is not present or no counsel has been appointed by him, the amicus curiae shall cross-examine the witness, followed by a re-examination of the witness by the Prosecution Team.
Article 30 The Prosecution Team shall thereafter close the case, followed by a reply from the accused or his counsel, where present or available. Article 31
In the absence of the accused or his counsel, the amicus curiae shall assist the Tribunal by replying to the Prosecution Team.
Members of the Tribunal retain the power to examine any of the witnesses at any time in the interest of justice.
CHAPTER VIII VERDICT
The examination of witnesses shall be subject to rules of relevancy and admissibility, and as a general rule, primary evidence shall be introduced.
The Tribunal must be satisfied beyond reasonable doubt that the charge has been proven, and shall provide a full and reasoned written verdict after adjournment and deliberation.
Article 27 Secondary and hearsay evidence may be admissible in the interest of justice in particular circumstances but the Tribunal shall accord secondary and hearsay evidence less cogency and shall decide finally on the total weight of the evidence with due regard being given to primary evidence.
Article 33 Where the Tribunal is not satisfied that the case has not been proven against the accused beyond reasonable doubt, it may recommend, subject to the principles of double jeopardy, that further investigations be carried out by the Commission if the Tribunal is of the unanimous view that this
2013 CRIMINALISE WAR xv 63 RULES OF PROCEDURE AND EVIDENCE OF THE KUALA LUMPUROCT WAR CRIMES TRIBUNAL KLFCW Vol1 No4.indd 63
10/28/2013 2:12:24 PM
course of action will serve the ends of justice and conscience.
CHAPTER IX REGISTER OF WAR CRIMINALS
As a tribunal of conscience, a verdict of the Tribunal shall be merely declaratory of the law. The Tribunal may recommend to the Commission to submit its finding to the International Criminal Court or any other international organisations for further action.
Where a charge has been proven before the Tribunal, the Tribunal shall recommend to the Commission that the name of the person adjudged guilty of war crimes be included in the Commission’s Register of War Criminals and publicised accordingly.
IN FAITH WHEREOF the Trustees of the Board of KLFCW have signed the present Charter of the Kuala Lumpur Foundation to Criminalise War. DONE at the city of Kuala Lumpur the sixth day of June, two thousand and eight.
..................................................... Tun Dr. Mahathir Mohamad
..................................................... Dato’ Haji Abdul Kadir bin Sulaiman
..................................................... Tunku Dato’ Dr. Hjh Sofiah Jewa
..................................................... Dato’ Dr. Yaacob Hussain Merican
..................................................... Mohamad Ariff bin Md Yusof
..................................................... Zainur bin Zakaria
OCTKUALA 2013 LUMPUR WAR CRIMES COMMISSION 64 CRIMINALISE xvi CHARTER WAR OF THE KLFCW Vol1 No4.indd 64
10/28/2013 2:12:26 PM
OCT 2013 CRIMINALISE WAR 65
KLFCW Vol1 No4.indd 65
10/28/2013 2:12:33 PM
We Have A Voice* The song “We Have A Voice” is, in a poetic sense, a child’s cry. It was composed in conjunction with the launch of Criminalise War Club in Cempaka. It is the emotional journey of a child who does not understand the reason for war. To a child, war does not bring peace but only devastation in its path. It is essentially, a question that cannot be answered. All we need is one voice that is louder than the sound of guns. Who are these men in blue, these men who march in and take my father’s life? Who will live and who will die, Did God say they could decide?
Who are these men who kill And fasten triggers for others to pull? Who gave them the right to take who gave them the right to take my life?
Who are these men with titles Of cold hearts and power to destroy? Why do they march into our lives And play with our lives like a toy?
Who are these killers in office who stand by and let us die in fire? Who will live and who will die, Only God can decide.
Why are we casualties to political pride? We stand here innocents, without a choice, we have a voice Shout, scream, let them hear our cries.
Why are we casualties to political pride? We stand here innocents, without a choice, we have a voice Shout, scream, let them hear our cries. * lyrics by Francesca Sta Maria and music by Kiko Sugita
Kuala Lumpur Foundation To
66 CRIMINALISE WAR OCT 2013
W A R I S A B O U T K I L L I N G, M A S S I V E K I L L I N G
KLFCW Vol1 No4.indd 66
Published by KUALA LUMPUR FOUNDATION TO CRIMINALISE WAR 2ND FLOOR, NO 88, JALAN PERDANA, TAMAN TASEK PERDANA 50480 KUALA LUMPUR Tel: 603 2092 7212 / 603 2092 7210 / 603 2092 7214 Fax: 603 2273 2212 Email: firstname.lastname@example.org Website: www.criminalisewar.org
10/28/2013 2:12:35 PM