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Democratic Labor Party of South Korea Urges Prosecutor of ICC to initiate investigation on the War Criminals - George W. Bush, Tony Blair and John Howard

Communication of urging Prosecutor of ICC to initiate investigation on the War Criminals under Paragraph 1, Article 15 of Rome Statute of the International Criminal Court

Source  :  Democratic Labor Party in South Korea


The author 1. Democratic Labor Party
2. Kwon, Yong gil
Representative Kim, Jungjin, Attorney at Law

Victim Iraqi People

War Criminal 1. George W. Bush
2. Tony Blair
3. John Howard


The authors urge that George W. Bush, Tony Blair, John Howard committed war crimes, referred to Paragraph 1 (c), Article 5 of "Rome Statute of the International Criminal Court"(hereinafter "Rome Statute") and must be indicted.


NAMES, ADDRESSES OF THE AUTHOR, REPRESENTATIVE, VICTIM, AND WAR CRIMINAL

1.1 The author Democratic Labor Party was established in 29 January 2000, to represent workers, peasants, urban poor people, petty-merchants, women, youth, students, and progressive intellectuals and registered as a party under the Korean Party Law in 24 June, 2000.
Name : DEMOCRATIC LABOR PARTY
Address : 9th floor of Dooray Building, 24 Yoido-Dong, Yeongdungpo-Gu, Seoul, Republic of Korea

1.2 The author Kwon, Yonggil is the President of the Democratic Labor Party.
Name : Kwon, Yonggil
Address : 103-1103 Sungwon Apt., 45 Sangnam-Dong, Changwon-Si, Kyongsangnam-DO, Republic of Korea
Birth-date : 5 November 1941
Nationality : Republic of Korea(South Korea)

1.3. The authors are represented by Kim, Jung jin, Attorney at Law, Republic of Korea.

Name : Kim, Jung jin
Address : 9th floor of Dooray Building, 24 Yoido-Dong, Yeongdungpo-Gu, Seoul, Republic of Korea
Ph. : 82-2-761-1333
Fax : 82-2-761-4115
e-mail : lizard@kdlp.org

1.4 The victims, Iraqi People are those who were killed or injured during the attacks on Iraq, executed by Allied Forces, consisted of United States of America, United Kingdom of Great Britain and Northern Ireland, and Australia(hereinafter "Allied Forces") that has started at 30 March 2003 and are still going on.

1.5 The war criminal, George W. Bush is the President of United States of America and commander-in-chief of the army and navy of the United States.
Name : George W. Bush
Nationalty : United States of America

1.6 The war criminal Tony Blair is the Prime Minister of United Kingdom of Great Britain and Northern Ireland and commander-in-chief of the army and navy of United Kingdom of Great Britain and Northern Ireland.
Name : Tony Blair
Nationalty : United Kingdom of Great Britain and Northern Ireland

1.7 The war criminal John Howard is the Prime Minister(Governor General) of Australia and commander-in-chief of the army and navy of Australia.
Name : John Howard
Nationalty : Australia


War Crimes committed by the war criminals, George W. Bush, Tony Blair, John Howard

2.1 United States of America, United Kingdom of Great Britain and Northern Ireland, and Australia(hereinafter "Allied Nations") decided to organize "Allied Forces" against Iraq because Iraq Government breached the resolution of UN Security Council and have been keeping weapons of mass destruction. On 20 March 2003, "Allied Forces" attacked Iraq.

2.2 29th session of UN General Assembly adopted resolution No. 3314, "Definition of Aggression". According to Article 1 of this resolution, aggression means "the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations, as set out in this Definition" and according to the article 2 of this resolution, "the First use of armed force by a State in contravention of the Charter shall constitute prima facie evidence of an act of aggression".

2.3 According to the preamble of Charter of the United Nations and Statute of the International Court of Justice(hereinafter "Charter"), armed force shall not be used, save in the common interest and according to Paragraph 1, article 1 of "Charter", "the Purposes of the United Nations are to maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace". That is to say, a State shall not use armed force to another State, except that a State exercise a right of self-defence from attack of another state, pursuant to Article 51 of "Charter" and that UN Security Council decide to take necessary measures including use of armed force to restore peace, pursuant to Chapter 7 of "Charter"

2.4 Even though Iraq didn`t attack any of "Allied Nations" and there is no UN Security Council Resolution, permitting any measure including use of armed force against Iraq, "Allied Nations" attacked Iraq and this attack constitutes the war of aggression that breach "Charter"

2.5 "The Allied Forces" carried out not only the aggression at 20:00 21 March 2003(in Iraqi time) but also executed military operation called "Shock and Awe" on the capital city of Iraq where five million civilian lives, It was disclosed by the American military administrators that under this operation, three hundred and twenty missiles were launched from the aircraft carriers at anchor in the Gulf coast and the Red Sea. Also, hundreds of bomber planes including B-1, B-2, B-52 and fighter planes including F-117, Stealth, F-15, F-16, F/A-18 were mobilized to drop thousands of bombs. Especially MOAB known as the most powerful conventional bomb which can turn the surrounding five hundreds meters into ruins, was used.

2.6 Especially during the operations of this war, 10:00(British time, GMT standard basis) on the same day, from the Fairford air military base in Gloucestershire, United Kingdom of Great Britain and Northern Ireland, eight American B52 bomber planes were launched.

2.7 Iraqi government announced that by this air raid, three civillians were killed and thirty seven were wounded, and the following air raids on Baghdad, Kurds autonomous district, Basra by the allied forces, killed about one hundred and thirty people.

2.8 The massive attacks on large cities like Baghdad where millions of citizens are living, will certainly kill civilians and also destroy civilian facilities. Military bases and Government buildings do not necessarily have to be located far away from civilian residence and no matter how accurate these attacks are, the possibility of mis-bombing is always very high. Even though the allied forces had good understanding of these matters, they carried out these attacks and this means an active declaration of intention that they do not care the death of civilians by their attacks.

2.9 Therefore their attacks constitute "Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities" and "Intentionally directing attacks against civilian objects", referred to paragraph 2, Article 8 of "Rome Statute"


Jurisdiction Matters
3.1 On 30 November 1998 United Kingdom of Great Britain and Northern Ireland signed to "Rome Statute"and On 4 October 2001 ratified this Statute. So United Kingdom of Great Britain and Northern Ireland is a Party to this Statute. As the war criminal Tony Blair is a national of United Kingdom of Great Britain and Northern Ireland, ICC can exercise its jurisdiction over War Criminal Tony Blair.

3.2 On 9 December 1998 Australia signed to "Rome Statute" and On 1 July 2002 ratified this Statute. So Australia is a Party to this Statute. As the war criminal John Howard is a national of Australia, ICC can exercise its jurisdiction over War Criminal John Howard.

3.3 Although United States of America is not a Party to "Rome Statute", ICC can exercise its jurisdiction over War Criminal Geroge W. Bush pursuant to Article 12 of this Statute. According to Article 12 of this Statute, ICC may exercise its jurisdiction if the State on the territory of which the conduct in question occurred is a Party to the this Statute. War crimes of United States of America was committed through bombing of United States of America`s B52. B52 bombers launched from Fairford airbase located in United Kingdom of Great Britain and Northern Ireland, a Party to this Statute. So where War Crimes occurred are encompassing districts from United Kingdom of Great Britain and Northern Ireland to Iraq. Therefore ICC may exercise its jurisdiction over United States of America.

3. 4 As the war criminal George W. Bush is a national of United States of America, ICC can exercise its jurisdiction over War Criminal George W. Bush.

Conclusion
4. War Criminals George W. Bush, Tony Blair, and John Howard must be indicted, pursuant to "Rome Statute"


Date of Issue : 26 March 2003


Appendix
1. Power of Attorney
1. UN General Assembly Resolution 3314
1. the Article of REUTERS
1. Department of Defense of United States of America News Briefing


the Representative Kim, Jungjin ________________
POWER OF ATTORNEY


KNOW ALL MEN BY THESE PRESENTS:

Democratic Labor Party and Kwon, Yong gil, hereinafter referred to as PRINCIPALS, in Republic of Korea do appoint Kim, Jung jin(Address : 9th floor of Dooray Building, 24 Yoido-Dong, Yeongdungpo-Gu, Seoul, Republic of Korea, Ph. : 82-2-761-1333, Fax : 82-2-761-4115, e-mail : lizard@kdlp.org) their true and lawful attorney.

In principals' name, and for principals' use and benefit, said attorney is authorized hereby;

To submit their communication on war crimes to International Criminal Court, located in Maanweg, 174, 2516 AB The Hague, The Netherlands


Giving and granting to said attorney full power and authority to do all and every act and thing whatsoever requisite and necessary to be done relative to any of the foregoing as fully to all intents and purposes as principal might or could do if personally present.

All that said attorney shall lawfully do or cause to be done under the authority of this power of attorney is expressly approved.

Dated: 26 March 2003


Principal 1. Democratic Labor Party _____________________

2. Kwon, Yong gil _____________________



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