Lawyers' proposal to indict all NATO leaders for war crimes #3

To:
Madam Justice Louise Arbour,
Prosecutor,
International Criminal Tribunal for the Former Yugoslavia,
Churchillplein 1, 2501 EW,
The Hague,
Netherlands.

[excerpts from a legal brief proposing charges of war crimes and oterh
violations of international law against  the heads of government and
ministeras of foreign affiars and defense of all 19 NATO governments as
well as high NATO officials and others that may be found to have personal
responsibilities in the war against Yugoslavia]

5. Without prejudice to the application of the Conventions and of this
Protocol, grave breaches of these instruments shall be regarded as war
crimes.
AND WHEREAS the above-named persons have acted in open violation of the
Principles of International Law Recognized in the Charter of the Nüremberg
Tribunal and in the Judgment of the Tribunal,  as adopted by the General
Assembly of the united Nations (1950), which provide in so far as is
relevant:
Principle III
The fact that a person who committed an act which constitutes a crime
under  international law acted as Head of State or responsible Government
official does not relieve him from responsibility under international law.

Principle IV
The fact that a person acted pursuant to order of his Government or of a
superior does not relieve him from responsibility under international law,
provided a moral choice was in fact possible to him.

Principle VI
The crimes hereinafter set out are punishable as crimes under
international law:
(a) Crimes against peace:
(i) Planning, preparation, initiation or waging of a war of aggression or
a war in violation of international treaties, agreements or assurances;
(ii) Participation in a common plan or conspiracy for the accomplishment
of any of the acts mentioned under (i).
(b) War crimes:
Violations of the laws or customs of war include, but are not limited to,
murder wanton destruction of cities, towns, or villages, or devastation
not justified by military necessity.

Principle VII
Complicity in the commission of a crime against peace, a war crime, or a
crime  against humanity as set forth in Principle VI is a crime under
international law;

THEREFORE we respectfully request that the Prosecutor immediately
investigate and indict for serious crimes against international
humanitarian law:

THE FOLLOWING HEADS OF STATE AND GOVERNMENT, MINISTERS OF FOREIGN AFFAIRS
AND MINISTERS OF DEFENCE OF THE NATO COUNTRIES: William J. Clinton,
Madeleine Albright, William S. Cohen (United States of America), 
Tony Blair, Robin Cook,
George Robertson (United Kingdom), Jean Chrétien, Lloyd Axworthy, Arthur
Eggleton (Canada), Jean-Luc Dehaene, E. Derycke, J.-P. Poncelet (Belgium),
Vaclav Havel, J. Kavan, V. Vetchy (Czech Republic),  Poul Nyrup Rasmussen,
N.H. Petersen, H. Haekkerup (Denmark), Jacques Chirac, Lionel Jospin, H.
Védrine, Alain Richard (France), Gerhard Schröder, J. Fischer, 
R. Scharping (Germany),
Kostas Simitis, G. Papandreou, A. Tsohatzopoulos (Greece), Viktor Orban,
J.Martonyi, J. Szabo (Hungary), David Oddsson, H. Asgrimsson, G. Palsson
(Iceland), Massimo D'Alema, L. Dini, C. Scognamiglio (Italy), Jean-Claude
Juncker, J. Poos, Alex Bodry (Luxembourg), Willem Kok, J. van Aartsen,
F.H.G.de Grave (Netherlands), Kjell Magne Bondevik, K. Vollebæk, D.J. Fjærvoll
(Norway), Jerzy Buzek, B. Geremek, J. Onyszkiewicz (Poland), Antonio
Manuel de Oliveira Guterres, J.J. Matos da Gama, V. Simão (Portugal), Jose Maria
Aznar,A. Matutes, E. Serra Rexach (Spain), Bulent Ecevit, I. Cem and H. S. Turk
(Turkey);

AND THE FOLLOWING OFFICIALS AND MILITARY LEADERS OF NATO: Javier Solana,
Jamie
Shea, Wesley K. Clark, Harold W. German, Konrad Freytag, D.J.G. Wilby,
Fabrizio
Maltinti, Giuseppe Marani and Daniel P. Leaf;

AND WHOEVER ELSE shall be determined by the Prosecutor^Òs investigations
to
have
committed crimes in the NATO attack on Yugoslavia commencing March 24,
1999.

Respectfully submitted, this 6th day of May,
1999__________________________

                Michael Mandel
(Professor)
for

[several other Canadian law professors at the same Osgood Law School
where the now Chief Prosecutor Armour previously taught, as well as
lawyers and associations of lawyers elsehere in the Americas and Europe]

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
                   ANDRE GUNDER FRANK
250 Kensington Ave - Apt 608     Tel: 1-514-933 2539    
Westmount/Montreal PQ/QC         Fax: 1-514-933 6445 
Canada H3Z 2G8              e-mail:agfrank@chass.utoronto.ca 

My Personal/Professional Home Page> http://www.whc.neu.edu/gunder.html
My NATO/Kosovo Page> http://csf.colorado.edu/archive/agfrank/nato_kosovo/       
My professional/personal conclusion is the same as Pogo's - 
            We have met the enemy, and it is US 
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