SHAMELESS BBC: WHEN MISINFORMATION MEANS WAR CRIMES
SHAMELESS BBC: WHEN MISINFORMATION MEANS WAR CRIMES
Exclusive interview with Karen Parker, Chief Counsel of the Association of Humanitarian Lawyers By Gabriele Zamparini (*)
The BBC News website, in a special page “Q&A: White phosphorus” and under the title “The BBC News website looks at the facts behind the row.” reads:
Question: Karen, how do you comment on what the BBC writes?
Answer: The comment “Washington is not a signatory to an international treaty restricting the use of the substance [WP] against civilians.” assumes that therefore civilians may be targeted by WP weapons. This is an outrageous assumption because civilians may NEVER be the target of military operations -- whether using bows and arrows or white phosphorous, or any other weapon. This rule is not dependent on specific treaties but is a fundamental part of the laws and customs of war. Protocol III relating to incendiary weapons (of the Convention on Prohibitions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects (1983)) makes all this clear by reinforcing this. While this treaty mainly sets out rules relating to WP in regards to combatants, it also reinforces the rule against targeting civilians.
There seems to be some controversy about whether WP might be a chemical weapon or a poisonous gas weapon and hence prohibited by treaties ratified by the US relating to these types of weapons. While a technically interesting question, it deflects attention from the fact that the US forces targeted civilians with WP and other weapons, both illegal and legal in Falluja. The debate about what category of weapons WP weapons are is irrelevant to THAT issue. What is important is to focus on the deliberate targeting of civilians or using weapons against a legal military target when there is a substantial likelihood of serious and numerous civilian casualties. Such targeting is a grave breach of the Geneva Conventions, especially due to the nature of the weapons such as those containing WP used against them.
While the US may not have ratified certain weapons conventions, this does not mean that therefore the US may legally use the weapons that are the subject of such treaties. This is because weapons may be otherwise banned by operation of existing humanitarian law. Under these rules, a weapon may be considered banned if: (1) it cannot be contained to the legal field of battle; (2) it cannot be stopped or cleaned-up when the war is over; (3) it causes "undue suffering" or "superfluous injury" (terms from The Hague Conventions of 1899 and 1907 -- echoed in the "Conventional Weapons Treaty"); or (4) it unduly harms the environment. The nature of WP makes it difficult to control, so it cannot be contained to legal military targets. In this sense, it could be banned by operation of international law in urban areas, as it cannot be sufficiently controlled to the legal field of battle. Note that the Incendiary Weapons Protocol was intended to limit the use of these weapons even against combatants because of the "excessively injurious" issue.
Most specific weapons treaties have provisions that provide for "similar, but unnamed weapons" that are "analogous" to the names ones. For example, the 1925 Protocol on Gases has such clauses. WP weapons fit this rule as either "chemical" or "gases" by analogy.
Q. The US government has just admitted to have used WP in Fallujah as a weapon. What’s your comment on this?
A. It is very disturbing that the US lied for a number of months about the use of WP in Falluja, and only came forward with an admission of use after clear evidence. While combatant forces are allowed to withhold certain information from the general public at certain times, the US apparently lied to US Members of Congress and other officials. This is especially disturbing because the use of WP in urban areas is prohibited by operation of law. In this sense, the US was covering up war crimes.
Q. Which other WMD - if any - have been used by the US in Iraq?
A. The US has used weapons containing depleted uranium (DU) in both the first and second Gulf Wars. DU weapons also fail the test set out above, as attested by the UN Sub-Commission on the Promotion and Protection of Human Rights in its resolutions and reports on this issue. Both the UN Secretary General and a Sub-Commission expert, Chief Justice Sik Yuen (Supreme Court, Mauritius) addressed this issue in their reports, that concurred with my prior assessment, submitted to the UN Commission on Human Rights and its expert body, that DU weapons are illegal.
I also understand that napalm may have been used in Iraq. At present, I have not been able to verify this conclusively.
Q. What should the international community do now and what you and your organization are doing?
A. My organization, the Association of Humanitarian Lawyers, has filed a legal action against the US at the Organization of American States for attacking hospitals and medical facilities in Falluja and for using illegal weapons in those attacks. For details, please see www.humanlaw.org. Obviously, this lawsuit needs to be fully supported, and I welcome help in that regard. In addition, however, we at AHL are trying to set up a "conclave" of attorneys to look at both this and a number of other legal challenges to the way that the US has conducted military actions in Iraq. I would hope to look at illegal weapons, illegal military operations and a wider variety of humanitarian law violations than just torture. I would also hope to look at the "anticipatory" agreements that the US pushed with a number of European and other governments in which the signatory States agreed to NOT bring the US to either the International Criminal Court (not possible anyway, as the US has not ratified the treaty) or to its own domestic Courts as mandated by the Geneva Conventions. These "anticipatory" treaties are "void" as they violate the Geneva Conventions and basic principles of international law, but they need to be judicially challenged. Such challenges are very expensive and economically beyond the reach of human rights organizations such as ours. One reason to force these agreements is that there are no funds to challenge them. So "they" win by default. This is tragic.
Q. How the antiwar movement may help?
A. The anti-war movement can help by making certain that they understand the gravity of the breaches of international law. This is not a "rogue elephant" situation -- this is a herd of rogue elephants. The US, and to a lesser extent the UK, are decimating the Geneva Conventions and all other rules of the laws and customs of war. It is shocking that most MP and Members of US Congress do not even know the rules: they are willing to send their citizens to die, but don't know the rules. It doesn't get any worse than this. The anti-war movement could also help to raise funds for legal actions. Yes, we must be in the streets, but we must also be in the courthouse. There simply must be legal challenges to these egregious violations. For those interested in helping in my Association of Humanitarian Lawyers action against the US at the OAS, please feel free to contact me at ied@igc.org or reb@xcaretresearch.com. And as stated, we are interested in holding a conference for attorneys who are ready, willing and able to take on the US in national and regional and UN forums.
To know more:
Association of Humanitarian Law
154 Fifth Avenue
San Francisco, CA 94118 USA
Telephone: + 1 (415) 465-9900
http://www.humanlaw.org/
(*) Gabriele Zamparini is an independent filmmaker and freelance writer living in London. He's the producer and director of the documentaries XXI CENTURY and The Peace! DVD and author of American Voices of Dissent (Paradigm Publishers). He can be reached at info@thecatsdream.com
Exclusive interview with Karen Parker, Chief Counsel of the Association of Humanitarian Lawyers By Gabriele Zamparini (*)
The BBC News website, in a special page “Q&A: White phosphorus” and under the title “The BBC News website looks at the facts behind the row.” reads:
What are the international conventions?The same BBC News website, in the article “Iraq probes US phosphorus weapons” reads:
Washington is not a signatory to any treaty restricting the use of white phosphorus against civilians.
White phosphorus is covered by Protocol III of the 1980 Convention on Conventional Weapons, which prohibits its use as an incendiary weapon against civilian populations or in air attacks against enemy forces in civilian areas.
The US - unlike 80 other countries including the UK - is not a signatory to Protocol III.
“Washington is not a signatory to an international treaty restricting the use of the substance against civilians.”I asked Karen Parker, Chief Counsel of the Association of Humanitarian Lawyers based in San Francisco to comment on what the BBC reports.
Question: Karen, how do you comment on what the BBC writes?
Answer: The comment “Washington is not a signatory to an international treaty restricting the use of the substance [WP] against civilians.” assumes that therefore civilians may be targeted by WP weapons. This is an outrageous assumption because civilians may NEVER be the target of military operations -- whether using bows and arrows or white phosphorous, or any other weapon. This rule is not dependent on specific treaties but is a fundamental part of the laws and customs of war. Protocol III relating to incendiary weapons (of the Convention on Prohibitions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects (1983)) makes all this clear by reinforcing this. While this treaty mainly sets out rules relating to WP in regards to combatants, it also reinforces the rule against targeting civilians.
There seems to be some controversy about whether WP might be a chemical weapon or a poisonous gas weapon and hence prohibited by treaties ratified by the US relating to these types of weapons. While a technically interesting question, it deflects attention from the fact that the US forces targeted civilians with WP and other weapons, both illegal and legal in Falluja. The debate about what category of weapons WP weapons are is irrelevant to THAT issue. What is important is to focus on the deliberate targeting of civilians or using weapons against a legal military target when there is a substantial likelihood of serious and numerous civilian casualties. Such targeting is a grave breach of the Geneva Conventions, especially due to the nature of the weapons such as those containing WP used against them.
While the US may not have ratified certain weapons conventions, this does not mean that therefore the US may legally use the weapons that are the subject of such treaties. This is because weapons may be otherwise banned by operation of existing humanitarian law. Under these rules, a weapon may be considered banned if: (1) it cannot be contained to the legal field of battle; (2) it cannot be stopped or cleaned-up when the war is over; (3) it causes "undue suffering" or "superfluous injury" (terms from The Hague Conventions of 1899 and 1907 -- echoed in the "Conventional Weapons Treaty"); or (4) it unduly harms the environment. The nature of WP makes it difficult to control, so it cannot be contained to legal military targets. In this sense, it could be banned by operation of international law in urban areas, as it cannot be sufficiently controlled to the legal field of battle. Note that the Incendiary Weapons Protocol was intended to limit the use of these weapons even against combatants because of the "excessively injurious" issue.
Most specific weapons treaties have provisions that provide for "similar, but unnamed weapons" that are "analogous" to the names ones. For example, the 1925 Protocol on Gases has such clauses. WP weapons fit this rule as either "chemical" or "gases" by analogy.
Q. The US government has just admitted to have used WP in Fallujah as a weapon. What’s your comment on this?
A. It is very disturbing that the US lied for a number of months about the use of WP in Falluja, and only came forward with an admission of use after clear evidence. While combatant forces are allowed to withhold certain information from the general public at certain times, the US apparently lied to US Members of Congress and other officials. This is especially disturbing because the use of WP in urban areas is prohibited by operation of law. In this sense, the US was covering up war crimes.
Q. Which other WMD - if any - have been used by the US in Iraq?
A. The US has used weapons containing depleted uranium (DU) in both the first and second Gulf Wars. DU weapons also fail the test set out above, as attested by the UN Sub-Commission on the Promotion and Protection of Human Rights in its resolutions and reports on this issue. Both the UN Secretary General and a Sub-Commission expert, Chief Justice Sik Yuen (Supreme Court, Mauritius) addressed this issue in their reports, that concurred with my prior assessment, submitted to the UN Commission on Human Rights and its expert body, that DU weapons are illegal.
I also understand that napalm may have been used in Iraq. At present, I have not been able to verify this conclusively.
Q. What should the international community do now and what you and your organization are doing?
A. My organization, the Association of Humanitarian Lawyers, has filed a legal action against the US at the Organization of American States for attacking hospitals and medical facilities in Falluja and for using illegal weapons in those attacks. For details, please see www.humanlaw.org. Obviously, this lawsuit needs to be fully supported, and I welcome help in that regard. In addition, however, we at AHL are trying to set up a "conclave" of attorneys to look at both this and a number of other legal challenges to the way that the US has conducted military actions in Iraq. I would hope to look at illegal weapons, illegal military operations and a wider variety of humanitarian law violations than just torture. I would also hope to look at the "anticipatory" agreements that the US pushed with a number of European and other governments in which the signatory States agreed to NOT bring the US to either the International Criminal Court (not possible anyway, as the US has not ratified the treaty) or to its own domestic Courts as mandated by the Geneva Conventions. These "anticipatory" treaties are "void" as they violate the Geneva Conventions and basic principles of international law, but they need to be judicially challenged. Such challenges are very expensive and economically beyond the reach of human rights organizations such as ours. One reason to force these agreements is that there are no funds to challenge them. So "they" win by default. This is tragic.
Q. How the antiwar movement may help?
A. The anti-war movement can help by making certain that they understand the gravity of the breaches of international law. This is not a "rogue elephant" situation -- this is a herd of rogue elephants. The US, and to a lesser extent the UK, are decimating the Geneva Conventions and all other rules of the laws and customs of war. It is shocking that most MP and Members of US Congress do not even know the rules: they are willing to send their citizens to die, but don't know the rules. It doesn't get any worse than this. The anti-war movement could also help to raise funds for legal actions. Yes, we must be in the streets, but we must also be in the courthouse. There simply must be legal challenges to these egregious violations. For those interested in helping in my Association of Humanitarian Lawyers action against the US at the OAS, please feel free to contact me at ied@igc.org or reb@xcaretresearch.com. And as stated, we are interested in holding a conference for attorneys who are ready, willing and able to take on the US in national and regional and UN forums.
To know more:
Association of Humanitarian Law
154 Fifth Avenue
San Francisco, CA 94118 USA
Telephone: + 1 (415) 465-9900
http://www.humanlaw.org/
(*) Gabriele Zamparini is an independent filmmaker and freelance writer living in London. He's the producer and director of the documentaries XXI CENTURY and The Peace! DVD and author of American Voices of Dissent (Paradigm Publishers). He can be reached at info@thecatsdream.com
posted by The Cat's Dream at 8:13 AM
112 Comments:
911 , FABRICATED CRIMINALS, VIRTUAL ENEMEY, FAKE WAR ON TERROR !
911 HAS DEFIED EVER LAW OF CRIMINAL INVESTIGATION SINCE SHERLOCK HOLMES!
More than four years ago, a known sponsor of terrorism, Pat Robertson, went on TV with Jerry Falwell on the smoldering ashes of WTC and proclaimed that “ Terrorists attacks were God’s punishment of a corrupted America ! They declared because the government had adopted an agenda of “pagans, the abortionists, the feminists, the gays, and the lesbians’ we are being punished by the Wrath of God. They joined hand in hand with global corporate capitalists to declare a New Crusade against Islam and usurping the oil resources of the Middle East. It is high time in this first Anniversary of “Fullujah Massacre” to stop harassing Middle Eastern Muslim just because the worship the same God with different language and , stop the US terrorism outside and start working toward rebuilding our shattered environment.
AL Quaeda is a CIA Data Base!
The US administration dumbfounded by the event 911, got a crush course as how to satisfy the public thirst for explanation while covering the trace of the culprits, destroying every evidentiary records of the crime, and manufacturing alternative, easy to understand, explanation. They had already fabricated , with the help of Dick Clark in a Manhattan Courtroom as a criminal organization in order to circumvent the US laws. Not withstanding the fact that “Al Quaeda” ( data base in Arabic) is neither a political organization nor a hierarchy , it only existed in the computer “Data Base” of the CIA as a list of mercenaries, collaborators, agents, bankers, black market munitions suppliers and a host of other informant and sympathizers of the US terrorist agents who forced Soviet out of Afghanistan and brought Taliban into power.
NO SHRED OF EVIDENCE AFTER 4 YEARS!
That is why in 911 no one has produced a manifesto, a statement of principals, a political agenda, explanation of events, confession to collaboration, and planning and finally the higher political or religious aspiration to be achieved. None was present and nothing has been produced but what the administration has presented to the world as a web of lies. All persons being tortured in GITMO are innocents of being member of something which does not exist, that is why there is no confession and if there is under torture they have confessed that they belong to a “Base” or Al Quaeda. No one seems interested to question the fact that belonging to a data base created by the intelligence agencies does not mean a thing without a hierarchical political organization.
TERRORISTS DON’T TERRORIZE FOR FUN!
Since time in memoriam, political activists or those who waged liberation movements against Imperialism and commit acts of violence for social, cultural, religious, racial and political proclivities commit their terrorist act to achieve a desired end by violence against the State that is representing an exploiting class and has monopolized means of violence. They don’t terrorize for fun, otherwise they would be equivalent of jack the ripper. Political Terror is an act of rebellion, an spark to ignite insurgency against established seemingly formidable system of economic exploitation, which has concentrated all means of terror in a hand of few elites.
So-called terrorists had CIA Cleared Visas!!
The people who the US Government propaganda has declared to be perpetrators of 911, have nothing to show that they were politically active, they did not utter the word “God is Great” at the last moment of their life. Four are the supposed hijackers are alive and well and the rest could have been in a state of hypnotic delusion, “sleeper cells” controlled by their last phone calls they received. Anyone who has seen the movie “telephone” by Charles Bronson knows what I am talking about. If they were hijackers, then they did not have control of their mind, and believe me it could not have been a medieval mind of a Camel raiser named Osama. Every one of them had CIA cleared visas, believe me that is not simple and it is not given to anyone that is not 200 per cent collaborator.
Assassins are not simple murderers. They are making a political statement and desiring a political change. Except in British common law and American system of jurisprudence, all rebels are treated as political prisoners when caught, because they are committing a crime against the state. Whether it was GULAC of Soviets, EVIN of Shah, Mubarak’s torture chambers or Saddam’s Abu Gharieb, they are called political prisoners. Only in American Democracy, political prisoners have no rights and are treated as common criminals, even if by every passing year the political system resembles more to a corporatocracy rather than participatory democracy.
911, A CRIME without INDICTMENT
Every Crime is committed for a reason weather it is a crime of passion or crime for economic and social advantage. Motive, intention, must be proved and demonstrated beyond reasonable doubt in a court of law before sentencing or declaration of guilt. In addition, there is always the question of murder weapon, confession, preservation of evidence, circumstantial evidence in the absence of real one, integrity of crime scene and its contamination. Obviously, there are political and economic considerations which might effect the verdict, jury tampering, smart layering, in Blake and O.j. Simpson’s cases, just got two criminals out of the hook. Public affection helped Michael Jackson beat the system and shaky defense combined with public antipathy got Scott Pearson a Death Penalty with no motive or hard evidence. The system is not perfect. It can be manipulated , but it works.
Yet in 911 case, investigation into alternative explanation have been hampered. Ashcraft incarcerated 15000 Muslim Americans and as of now no one has been found guilty of actually planning to attack the US or having intention to operate a terrorist cell.
911 WAS A TRIGGER to justify INVASION OF IRAQ
Almost 99 percent of physical evidence has been shipped outside the US, destroyed, contaminated and literally wiped out of crime scene. Nothing remains but the State version of what has happened which defies the reality of thousands experts explanations. The state in the midst of an inferno which turned everything into dust has magically produced a passport of the so-called terror mastermind. Yet no American want to believe that one of their own was the designer and the windfall profit out of crime went to American corporations aligned with Evangelical Christians and the State of Israel. Americans lost their Bill of Rights in the Patriot Act which was written well before 911. It justified their illegal and immoral war on Iraq by lie and deception and in the process 100 thousands of innocents were bombed to death and destruction.
FAKE TERRORISTS
“Islamic terrorists” slogan might seem rational for those true believers who are vilifying Muslims to steal their oil, subjugate their government and crucify their radical intellectuals. Otherwise, after 4 years of the so-called War on Terror why there is No Confession, No Details of what Happened, No Declarations, No Convictions, No Details of What Happened, How did it happen?. Putting innocents tribesmen behind the Bars in the most barbaric ways did not produce one real criminal; torturing people did not produce one real or imaginary confession. Scaring innocent law abiding Middle Eastern to death and putting 15000 of them in various jails, violating their basic human and constitutional rights did not produce one confession.
All were innocent of any wrongdoings and had nothing to do with 911. Even Bin La Din declared he had nothing to do with 911. It is time to stop this sham, this fraud, this cover-up for attacking Afghanistan and blowing up Iraq. End this fake war on terror and start searching the existing bulk evidence and find the real terrorists who used Islam as a cover for their crime against America and murdered 3000 ordinary people for controlling oil resources of the Middle East.
Since 911 the world has been duped in believing that Middle Eastern Muslim men were the perpetrators of crime against America and therefore they must be collectively punished. That is why two countries are brutally invaded, hundreds of thousands of Muslims are massacred, millions of families have been driven to homelessness all because of a lie. Now the London Terrorists are manufactured by the British Intelligence to increase the popularity of Blaire, impose draconian laws on Britons and curtail Civil liberties of whosoever looks “Middle Eastern”, the real terrorists must be exposed in order to end this historical madness.
Have americans suddenly lost their brains? How can they give a blood-thirsty idiot and his administration 4 more years to continue destroying the world for no reason, other than national interest?
Does information not reach the average american? Has propaganda irreversibly replaced journalism in the country? How can the UK follow these criminals?
Does anyone have any trace of moral conscience? How can the BBC publish such insults to humanity? Killing civilians is OK, as long as you don´t use chemical weapons? Is everyone insane? I am shocked; we must remember people what human life is worth; the world is now reaching a state of anarchy; we must reach the average american in order to stop this madness. There should be a global re-signing of the Geneva convention. May God help us.
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