حول بيان محكمة بروكسل الشعبية

الإخوة الأعزاء

بعد أن أصدرت محكمة بروكسيل الشعبية بيان يدعو لحماية المحامين في القضية المهزلة المتعلقة بالرئيس صدام حسين ورفاقه.

طلع علينا أحدهم من لندن يدعو إلى الفصل بين الرئيس الأسير صدام حسين وشعبه, مما احدث إرباكا لهذا الفعل النضالي, ولهذا السبب فأني أدعو كل من يعنيه تحرير العراق ودعم مناضليه أن يسرع بإرسال رسائل دعم والمطالبة بالمحافظة على النص الأصلي.

إذ ان هناك بعض الأشخاص الذين كانوا قبل الإحتلال يفصلون بين الرئيس وشعبه مما اعطى للمحتل مبررات للعدوان يكررون نفس الفعل ويعملون على إرباك أي مجهود ويطرحون مواقف كنا نعتقد انها ولت مع ما تقدمه المقاومة والرئيس الاسير من الدروس في البطولة و الشجاعة.

الترجمة العربية للبيان

 بيان محكمة بروكسل الشعبية، 29 يونيو/حزيران 2006

لمراسلة المحكمة :

iraq-tribunal@lists.riseup.net

الرجاء الكتابة بالإنجليزية

المسألة مستعجلة

to Brussells Tribunal

With my best regards , I am strongly agrree with your release on 29 june 2006 conceerning the illegal trial of president saddam hussain and his colleagues.

Khalil Alsalmani.

نداء موجه من شبكة منظمات المجتمع المدني العراقي والمدافعين عن حقوق الإنسان الى محكمة بروكسل بخصوص محاكمة رئيس جمهورية العراق ورفاقه وما يتعرض له فريق الدفاع من ضغوط واغتيالات لغرض ثنيه عن مهمته النبيلة الشجاعة في الدفاع عن الحق والعدالة والمصالح العليا للشعب العراقي

Appeal to Brussels Tribunal

On behalf of hundreds of Iraqis  who are part of our human rights network, we urge your august Tribunal to continue its noble task in defending the defensless people of Iraq; the legal team that is endeavouring to defend the legitimate president of occupied Iraq President Saddam Hussein and his cabinet ministers and officials.

    Some occupation agents, together with traiters will try eloquently to deviate you from your noble goal of defending the Iraqi people and their elected president.  Please do not fall for their demonic rhetoric.  The brutal, cold-blooded murder of Khamees Al-Obaidi Esq. and the fact that his family was threatened not to try and receive his corpses for burial is a clear sign of the beastly powers running occupied Iraq.  President Hussein and many of his colleagues and comrades are in dire need for protection from the guns and drills of the enemies who are already in power -empowered by the occupying forces and their personal vendetta- 

     The illegal, illegitimate, monstrous, demonic occupation of Iraq victimized the people and legal government of Iraq, together with the nations of the governments who tossed aside the International Law. 

Thank you for your gallant stance. Please continue with your efforts.  The suppressed Arab nation and the whole under-dogged third world is monitoring your efforts with hopeful eyes.  We are finally seeing the light at the tunnel of that dark, demonic, unlawful, and illegal occupation.

We are raising our voice loudly by asking Brussels Tribunal to declare that this American-Iranian-British setup court is illegal and all its proceedings are violations to the Iraqi law as well as to the international laws and its dignity.

We are asking you to condemn the killing squads, which are created by the governments of Iran, America, Britain and Israel to kill innocent children, youths, women, and elderly people. These killer militias are the ones who killed the attorney Khamis Al Obaidy and other attorneys before him who stood up for the truth and justice.

 Thank you so much for your concern and hard work to emphasis on the rights of the president of the republic of Iraq Mr. Saddam Hussein and all Iraqi POWs.

The Iraqi NGOs of Civil Society and Human Rights defenders Network (IRAQNGOSNET)

Baghdad the 3^rd of July, 2006

The Russell’s Tribunal / People vs. Total War Incorporated.

To whom it may concern:

I am an Iraqi, and I had left my homeland country 34 years ago. Never went back to my homeland and I'm regretting that now very much. I strongly believe that the injustice and criminal invasion to my homeland Iraq is based on lies, criminal motives, stealing its wealth, unity, cultures, and destroying the Iraqi people progress under its national sincere government by the leadership of president Saddam Hussein and his companions in the Baath Party, to satisfied Israel and Iran by giving them great gift which is the destruction of Iraq and high jacking its government.

Now, the criminal invaders led by Bush and company, the warmongers with Blair and his criminal government are trying to humiliate Iraq and the Iraqi people by setting up a jock and illegal court, called as The Iraqi Tribunal Criminal Justice!! Actually it is political tribunal to insult the Iraqi people presenting by their president Mr. Saddam Hussein and his companions, and humiliates the Iraq law as well.

I am raising my voice loudly by asking you through the Brussels Tribunal to declare that this American-Iranian-British setup court is illegal and all its proceedings are violations to the Iraqi law as well as to the international laws and its dignity.

America is the only one who's strongly reliable and must pay for its violations to international law and criminality. That doesn’t mean Britain and Iran get out of the hook, they are in this ugly practice and must pay for their violation to the international law and crimes as well, but America is their leader and the masterminded.

We're asking your majesty to stand up for the rights of Iraqi people, as the President Saddam Hussein the legitimate president of the Republic of Iraq and the Iraqi people, and declare that American-Iranian- British court is illegal and insult to Iraqi people and to the international community as well.

We are asking you to condemn the killing squads, which are created by the governments of Iran, America, Britain and Israel to kill innocent children, youths, women, and elderly people. These killer militias are the ones who killed the attorney Khamis Al Obaidy and other attorneys before him who stood up for the truth and justice.

Thank you so much for your concern and hard work to emphasis on the rights of the president of the republic of Iraq Mr. Saddam Hussein and his companions.

Sincerely,

Faraj Basrawee Artist and Writer

July 1, 2006

To...Brussells Tribunal

        In the name of thousands of our members and followers,we strongly agree with your release

on  29 June 2006 concerning the illegal trial of President Saddam Hussain and his colleagues .

        Abdul-Jabbar Alkubaisy

 President of Iraqi Patroitic coillation ( IPA )

        01 - 07- 2006

To..Brussells Tribunal.

        The Iraqi masses and the anti-occupation parties forming (The Patroitic,National,Islamic Front)

declare their strong assistance to your resolution on 29 June 2006 concerning the illegal trial of

President Saddam Hussain and his colleagues .

       The Patroitic,National,Islamic Front

           01 -07 -2006

Dear Defenders of Justice:

    I urge you to defend the defenseless people of Iraq; the legal team that is endeavoring to defend the legitimately elected president of occupied Iraq President Saddam Hussein and his cabinet ministers and officials.

    Some occupation agents, together with traiters will try eloquently to deviate you from your noble goal of defending the Iraqi people and their elected president.  Please do not fall for their demonic rhetoric.  The brutal, cold-blooded murder of Khamees Al-Obaidi Esq. and the fact that his family was threatened not to try and receive his corpses for burial is a clear sign of the beastly powers running occupied Iraq.  President Hussein and many of his colleagues and comrades are in dire need for protection from the guns and drills of the enemies who are already in power -empowered by the occupying forces and their personal vendetta- 

    The illegal , illegitimate, monstrous, demonic occupation of Iraq victimized the people and legal government of Iraq, together with the nations of the governments who tossed aside the International Law. 

Thank you for your gallant stance. Please continue with your efforts.  The supressed Arab nation and the whole under-dogged third world is monitoring your efforts with hopeful eyes.  We are finally seeing the light at the tunnel of that dark, demonic, unlawful, and illegal occupation.

Samira Khatib

Dear Friends

My best regards

    I am Highly appreciating your statement condemning the killing of the defence team  mumbers and your demmend  to transfer the trial of the legitimate presedent of Iraq Mr.  Saddam Hussein abroad, because it is illegal and founded by  the American occupation as mentioned in your statement, In violation of the international standards of fair trial. I would also like to point out that some of Iraqis , living in Europe  cooperating with occupation or prisoners to their  old hatreds  , do not represent any one but  theirselves . So please do not pay any attention to the objections by such persons.  The Iraqi people and the national armed resistance,the   only legetmate  representitive of  the Iraqis, are the final decision maker and the determining factor in Iraq,  not those who have been lost  for long time in Europe.   Accept my  respects .

  Salah Almukhtar

للإطلاع على البيان ومتابعة الحوار

The BRussells Tribunal, 29 June 2006.

1. On  June  21,  2006, attorney Khamis al-Obaidi was killed in Baghdad. He is the third defense counsel for Mr. Saddam Hussain to be killed, joining Mr. Sadoun al-Janabi, killed in October 2005 and Adel al-Zubaidi, killed in November 2005. Attorney Thamir al-Khuzaie was wounded in the November incident. 

2. Attorney al-Obaidi was the ninth person connected with the trial of Mr. Hussain to be killed, prompting another attorney in the case, Najeeb al-Naimi (former Qatari minister of justice), to state: "there is no security. All of us have received threats."  

3.  The murder of yet another defense counsel has prompted many concerned with the overall situation in Iraq to question whether all proceedings should be halted due to the undue risk of the participants' lives and safety. While agreeing that proceeding should be halted on safety grounds, we also have more fundamental legal questions about the detention and trial of Mr. Hussain in light of existing rules of the laws and customs of war (humanitarian law), and the laws established under the international system of human rights. These bodies of law are binding on all judicial actions.  

4. In order to sort out all the possible irregularities if not violations of fair trial rules from both humanitarian and human rights law, we must first state that Mr. Hussain is a prisoner of war. This is because he was the commander-in-chief of the armed forces of Iraq in the war by the United States against Iraq. As a POW, he is entitled to all provisions of Geneva Convention III of 1949, Protocol Additional I to the Geneva Conventions, and all binding customary humanitarian law relating to confinement of POWs. Of particular note in this regard is Article 22 of Geneva Convention III, which provides that POWs may not be held in penitentiaries unless in the interest of the POWs themselves. It appears that Article 22 is being violated in the confinement of Mr. Hussain, and we also question whether there is full application of the rights set out in Articles 25 - 27 regarding other conditions. In this light we urge that the authorities allow full access of the International Committee of the Red Cross or other competent organization to assess the conditions of confinement. It appears that the US has clear  physical control over Mr. Hussain. 

5. Of key importance in this situation is to determine who may try Mr. Hussain and for what acts. While the invasion of Iraq by the United States forces was illegal, the Geneva Conventions nonetheless apply, and under provisions of the Geneva Convention, the United States, as the Occupying Power, may charge and try Mr. Hussain for acts in contravention of humanitarian law. Whether on Occupying Power could try a POW for human rights violations occurring outside the context of the armed conflict raises serious questions. (That question was only partially raised in the Astiz case: Mr. Astiz was captured in the Malvinas War, but was alleged to have participated in human rights violations in Argentina. Several States wanted to try him for those violations, but he was instead returned to Argentina by the Protecting Power). The United States, for political reasons, did not want to try Mr. Hussain itself because Mr. Hussain had not committed any actionable offences against the United States, either during the US-Iraqi war or at any other time. Further, the United States would not have been able to validly sentence Mr. Hussain unless as a result of a proceeding in the same courts as it uses for its own armed forces (Article 102), provided that a number of other conditions are met. The United States could turn Mr. Hussain to a neutral State (or in Geneva Convention language Protecting Power), but also for political reasons did not choose to do so. In fact, the United States has not authorized any State[s] as Protecting Power[s]. However, as the Astiz case suggests, a Protecting Power itself can neither try a person under its protection in its own courts for criminal acts committed in another State, nor turn a Protected Person over to a third party State. The United States could also try Mr. Hussain in its own civil courts "if its laws permit civil courts jurisdiction over its own armed forces (Article 84). Instead, the United Stated turned Mr. Hussain over to a specially constituted "court" of occupied Iraq, supposedly under the command of a judicial system controlled by the "Iraqi" government. The "Iraqi" government, however, is not an independent State, but one controlled by the Occupying Power. In the situation in Iraq, there is essentially no functioning, independent judiciary, and there had not been any provision in the old judicial system for trying POWs in civilian courts. The Occupying Power destroyed any possibility of Iraqi military tribunals as the venue for trying Mr. Hussain. The Iraqi court is inherently biased and fails to meet minimun standards of impartiality. The situation, then, is one of total judicial abnormality with a lack of legal authority. Accordingly, the trial of Mr. Hussain should be halted until such time as there is a court with proper legal authority and with jurisdiction over the alleged acts at issue.  

6. While the court itself is a legal aberration and must be halted on that ground alone, it is still important to point out that in the process as a whole, there have been numerous violations of other minimum requirements for either military or civil courts, as set out in Article 9 and 14 of the International Covenant on Civil and Political Rights. So even if there may be some grounds for "legalizing" an illegal tribunal, the proceedings in themselves would require nullification of either imposition of or carrying out any sentence.  

7. It is important to note that the crimes that Mr. Hussain is currently charged with did not take place in the context of the current war: in fact they did not take place in the context of any war and thus are not actionable as breaches of the Geneva Conventions or other instruments or principles of humanitarian law. The alleged crimes are criminal law violations, not war crimes. Conditions in Iraq preclude meaningful, impartial investigation into the events, and even if a proper-constituted court were to be established, fair trial rules relating to evidence may be impossible to meet.  

8. The trial of Mr. Hussain is taking place in a context of the daily commission of grave breaches of the Geneva Conventions by the Occupying Power. Under such conditions alone, the trial should be halted as impossible under the circumstances. 

9. The 1945 Nuremberg Charter states clearly: "To initiate a war of aggression ..is not only an international crime, it is the supreme international crime, differing only from other war crimes in that it contains within itself the accumulated evil of the whole." The UN Charter and its Definition of Aggression (GA Res. 3314) reinforce this rule. Since the invasion under the Nuremberg and UN Charters was utterly illegal, all that followed from it is illegal, from Mr. Bremer's laws to the new constitution to the trial of Mr. Hussain. 

10. For the reasons set out above, the current judicial proceedings against Mr. Hussain should be halted. The provisions of Geneva Convention III relating to Protecting Powers and POWs should be implemented regarding Mr. Hussain and all similarly situated persons of the government in place at the time of the invasion of Iraq who are detained in Iraq. All persons involved with the proceedings must be fully protected.  

To all those who respect international legality: Please raise your voice against the constant breaking of international rules governing Mr. Saddam Hussain's trial.  

The BRussells Tribunal, in defence of international law, and in solidarity with the defense counsel and staff and with the families of those killed.

29 June 2006.

http://www.brusselstribunal.org/HussainAppeal.htm

لمراسلة المحكمة :

iraq-tribunal@lists.riseup.net

الرجاء الكتابة بالإنجليزية

المسألة مستعجلة

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