Kuala Lumpur Foundation To Criminalise War

Transcription

“
war makes beasts
of ordinary
men and women.
the cruelties
perpetrated
are beyond
imagination.
”
Tun Dr Mahathir Mohamad,
Malaysia’s Fourth Prime Minister
Founder & Chairman of Kuala Lumpur
Foundation to Criminalise War (KLFCW)
NOVEMBER 2012 CRIMINALISE WAR
1
Cont
Volume 1 • No.1
PP 17742/10/2013(033047)
QUARTERLY ORGAN OF THE KUALA LUMPUR FOUNDATION TO CRIMINALISE WAR
Criminalise War, Energise Peace.
Vol. 1 • No. 1 • November 2012
Publisher
KUALA LUMPUR FOUNDATION TO CRIMINALISE WAR
2ND FLOOR, NO 88, JALAN PERDANA, TAMAN TASEK PERDANA
50480 KUALA LUMPUR
Tel: 603 78651461/ 603 2092 7212 / 603 2092 7210
Fax: 603 2273 2212
Email: [email protected]
Website: www.criminalisewar.org
Editorial Advisors
Che Kamaliah Endud - Principal, Tunku Kurshiah Collage
Dato’ Freida Pilus - Advisor to the Minister of Education
Editor
G.S.KUMAR
Editorial Board
ZUHRA RAFIKOVA
NUR QISTINA GANDING
AAZRAA ALA MERICAN
4
• FOREWORD BY FOUNDER/CHAIRMAN
6
• FROM THE DESK OF THE SECRETARY GENERAL
Design & Layout
RITA AZIZ
8
• FORMATION OF KLFCW
11 • KLFCW CURRENT BOARD OF TRUSTEES
Printer
Wisdom Ray Sdn. Bhd.
2 CRIMINALISE WAR NOVEMBER 2012
12 • A GIANT LEAP FOR JUSTICE
16 • SUMMARY OF TRIAL NO.1
18 • SUMMARY OF TRIAL NO.2
19 • BUSH AND BLAIR SHOULD FACE TRIAL
22 • FIND PEACEFUL END TO TERRITORIAL ROWS
24 • SUPPORT FOR A YOUNG PEOPLE’S ORGANISATION
tents
26 • WOULD YOU TRUST A US PRESIDENT?
29 • SPOTLIGHT ON AN OPPRESSED COMMUNITY
32 • THE SYRIAN CONFLICT
36 • KLFCW NOVEMBER 2012 EVENTS
39 • EDITORIAL
41 • REACHING OUT TO THE YOUNG
43 • WARS THROUGH THE EYES OF CHILDREN
49 • CHILDREN OF GAZA RELIVING THE HORRORS
OF WAR IN THEIR ARTWORK
55 • KLFCW CONFERENCE ON WAR-AFFECTED CHILDREN
56 • CHILDREN’S CHARTER TO CRIMINALISE WAR
60 • ESSAY WRITING COMPETITION
FOREWORD BY
FOUNDER/CHAIRMAN
M
ankind face many challenges, among
them economic turmoil, political
upheavals, natural disasters and manmade disasters. Of these the desire to wage
war as a solution to conflicts is the most
destructive in terms of life and property.
We have been through two World Wars with the loss
of 70 million lives and trillions of dollars in destruction
to property. The wars were meant to end wars for the
settlement of conflicts. But we see the powerful nations
still resorting to wars in order to achieve hegemony
over the world. Unfortunately the victims are usually
the militarily weak countries. In their effort to defend
themselves those countries and people have resorted
to non-conventional wars which make the world less
safe for everyone.
This penchant for wars is characteristic of the powerful
nations. They would resort to wars simply because
they believe they would achieve victory every time.
But they have not really won. All that happens is more
retaliation by their victims which unfortunately can be
indiscriminate.
In the old days wars could cause comparatively little
damage. The numbers killed would also be relatively
small. But the weapons of today are horrendous. The
destruction is massive. Whole towns and population in
the hundreds of thousands can literally be wiped out in
seconds. Indeed some of the nuclear powers have the
capacity to destroy the whole human race. Even the socalled conventional weapons can kill and destroy whole
nations.
hope... to make more
“ We
people, especially the young
who will be used as cannon
fodder, understand the
criminality of war and the
need to outlaw it.
”
I abhor war because it is about killing people, mostly
innocent people. We regard the killing of one man as
murder. But we still regard the killings of thousands
or even millions in war as legitimate. The killers are
actually regarded as heroes. This cannot be right.
We need to regard those people who send soldiers
to kill people as war criminals.
It is for these and many other reasons that we have launched a campaign to make war a crime and to punish those
who make war, except defensive wars. In furtherance of this campaign we are publishing a magazine devoted to
the effort to Criminalise Wars. We hope through this to make more people, especially the young who will be used as
cannon fodder, understand the criminality of war and the need to outlaw it.
We must inculcate an anti-war culture which places a premium on peaceful solutions to conflicts. We must make war
morally wrong. War is primitive. It is the barbarians’ way of achieving success. It has no place in a modern civilisation.
War maims and destroys nature’s gifts to us, and leaves everything barren. Those who wage war are no better than
barbarians and they must be condemned as criminals worthy of the most severe punishment.
The KLFCW is an institution that seeks to make war a crime. It has to date conducted two separate Tribunal hearings
that have found former leaders of the United States and Britain guilty of crimes against humanity. Some have
found fault with the Tribunals’ work and its very composition. Some attacks have been personal, but our resolve
is there. Never before has a country that was not the victor, nor directly involved in an armed conflict instituted
such proceedings. This is something that the big powers find difficult to accept. But we will continue with our slow
and painstaking investigations and research into various crimes committed against humanity in wars. Our resolve
remains strong, as many victims have written to us seeking help, seeking justice.
Our tasks are manifold. This publication is one of the steps. Wider avenues will be sought. More young people, not
just in Malaysia, but globally will be reached out to, in our effort to make war a serious crime. We have a long journey
ahead, but the first steps have been taken. God willing we will one day see war as a crime, a crime against humanity.
TUN DR MAHATHIR MOHAMAD
Founder & Chairman of Kuala Lumpur Foundation to Criminalise War
5
FROM THE DESK
OF THE
SECRETARY GENERAL
T
he inaugural issue of Criminalise War
gives me a great sense of satisfaction
as it is the start of the mission to reach
out to the people of Malaysia, especially the
youngsters. For so long the Kuala Lumpur
Foundation to Criminlaise War Inc existed
without much publicity or fanfare. We merely
carried out our stated functions.
We never envisaged having such an official publication.
However when the merits of this became apparent and
with the blessings of our founder, we have gone ahead.
Now lie the harder tasks. We have to be very focused in
our message to the readers. We have to be selective in
our articles, we have to generate enough interest and
participation for this publication to be successful.
Success comes when the younger people of our country,
initially, accept that war is not the answer to any
conflict. War is destructive and never settles any issues.
It is as our founder has repeatedly pointed out, murder.
And when you think of recent events in this century, the
invasion and destruction of Iraq and the bombings in
Afghanistan, this is nothing short of mass murder.
I have every confidence that this publication will carry
this vital message to young Malaysians. Eventually I
see a linkage being built with young people in many
other countries, where this message of criminalising
war is even now being spread. With such a movement,
they may eventually be able to influence the powers
that be to rid themselves of the vestiges of war. Armies
will become no longer necessary, weapons will have no
place in society. This is the long term aim of the KLFCW
and like-minded agencies the world over.
We need the support and goodwill of all people to carry
out our projects. While we have been fortunate to have
supporters, there will always be a need to widen the
pool of those in tune with us.
Plans and action need time and leadership. A measure
of success can only be claimed when Malaysians
accept that war is criminal and that we should never be
aggressors. We should never start a skirmish or cause
the loss of lives.
The KLFCW has succeeded in bringing justice, even
if it was only declaratory, to some war victims. The
message is slowly spreading around the globe. We
have a Tribunal of conscience that has pronounced its
verdict of guilt on several important former leaders of
the western world.
The official publication, Criminalise War, will provide a
vehicle for victims to tell the world their plight. It will
also provide details of the two Tribunal hearings and
the findings. It will keep readers informed of the many
actions and plans that the KLFCW has for the future. For
now, we are proud that we have this publication.
DR YAACOB HUSAIN MERICAN
Secretary General
Kuala Lumpur Foundation to Criminalise War Inc
there is a belief that the world
would be safe so long as the
nuclear powers provide nuclear
deterrence. but the nuclear
powers have shown that they
are the source of military
threats and not the nonnuclear powers.
during the
1st International Conference by Centre for
Defence Information Studies (CDIS) in Havana,
Cuba on 21 April 2008
7
FORMATION OF KLFCW
In 2005 the Perdana Global Peace Organization, now known as the Perdana Global Peace Foundation
(PGPF) of which His Excellency Tun Dr. Mahathir Mohamad is the Chairman, organized 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.
UNITED
in the belief that peace is the essential condition for the
survival and well-being of the human race,
In his keynote address at the Conference Tun Dr.
Mahathir said, inter alia, that –
DETERMINED
to promote peace and save succeeding generations
from the scourge of war,
“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:
OUTRAGED
over the frequent resort to war in the settlement of
disputes between nations,
DISTURBED
that militarists are preparing for more wars,
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
authorized 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 two-thirds 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.
Non-Governmental Organisations committed to the
promotion of peace should be set up in all nations.
Public servants and professionals, particularly in the
medical, legal, educational and scientific fields, must
promote peace and campaign actively against war.
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 organized 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.”
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.
In his opening speech at this Conference, Tun Dr.
Mahathir reminded the participants that –
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…
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…
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
9
Royal Charity Dinner - a major event organised by KLFCW / PGPF on 13 May 2012
Lumpur War Crimes Commission, the Kuala Lumpur
War Crimes Tribunal and other supporting Institutions
can be legally established and function.
MAIN OBJECTIVES OF KLFCW
On 17th April 2007 and pursuant to the aforesaid
objectives, the Board of Trustees of the Foundation,
inter alia, established the following:
1)
The Kuala Lumpur War Crimes Commission, an
investigation body empowered with jurisdiction 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.
2)
The Kuala Lumpur War Crimes Tribunal, an
adjudicatory body to investigate and decide on
allegation of any of the aforesaid crimes.
3)
The Kuala Lumpur War Crimes Legal Team,
consisting of three distinct divisions, namely:
The main objectives of the Foundation, as stated in its
Statutes are, inter alia,
•
To undertake all necessary measures and
initiatives to criminalise war and energise peace;
•
To provide relief, assistance and support to
individuals and communities who are suffering
from the effects of war and armed conflict
wherever occurring and without discrimination on
the grounds of nationality, racial origin, religion,
belief, age, gender or other forms of impermissible
differentiations;
•
To promote the education of individuals and
communities suffering from the effects of war or
armed conflict;
•
To foster schemes for the relief of human suffering
occasioned by war or armed conflict;
•
To provide for mechanisms or procedures in
attainment of the above purposes.
(a) The Prosecution Divisions (prosecuting
offenders before the Tribunal);
(b) The Defence-Division (providing legal aid to
accused, if such aid is requested);
(c) The Victim Unit Division (looking after
the interest of victims & their dependents
during the course of the proceedings before
the Tribunal).
11
A GIANT LEAP FOR JUSTICE
THE MAN WHO HAS TAKEN THE
LEAD TO CRIMINALISE WAR
By G.S Kumar
T
he world is slowly but surely taking note of the bold decision taken by the
panel of judges at the Kuala Lumpur War Crimes Tribunal (KLWCC) on
November 22nd 2011, that returned a verdict of guilty against George W.
Bush and Anthony L. Blair, who were tried for Crimes Against Peace in that the
accused persons planned, prepared and invaded the sovereign state of Iraq on 19
March 2003 in violation of the United Nations Charter and international law.
This was a trial set in the style and pomp of the
International Court, with all proceedings strictly
adhering to international rules of justice and fair
play. Since the two accused were not present,
an amicus curiae * was appointed to provide
adequate defence for the accused. Nothing can
diminish the findings of the court, even though
its findings are declaratory of the law. (* amicus
curiae – Latin: friend of the court; is the counsel
who assists the court by putting arguments
in support of an interest that might not be
adequately represented by the parties to the
proceedings, or by arguing on behalf of a party
who is otherwise unrepresented.)
Until now the international community has done
nothing to right a terrible wrong. Not even the
International Criminal Court (ICC) in The Hague
has been prepared to file charges against the
former president of the United States of America
and the former prime minister of Great Britain.
Presiding judge, Datuk Abdul Kadir Sulaiman
told a packed courthouse that both the accused
had acted with deceit, selectively manipulated
international law and committed an unlawful
act of aggression and an international crime
by invading Iraq in 2003. The Tribunal also
suggested that the KLWCC file a report with
the ICC against both the accused under the
Nuremberg principles and include reports
of genocide and crimes against humanity
committed by Bush and Blair. (see story on
verdict, page 15)
It is noteworthy that the United Nations
Security Council (UNSC) has the power to refer
a non-signatory to the ICC (as it did with Dafur
and Libya). However, due to the tremendous
influence the U.S. has in the UN, the UNSC will not
refer U.S. citizens to the ICC. It was Malaysia that
has taken the lead in seeking justice. It took the
elder statesman of the country, Tun Dr Mahathir
Mohamad to lend his support, encouragement
and leadership to convene a Tribunal made up
of eminent local and international judges and to
obtain this first-ever guilty verdict against the
two accused.
Q: Why have you lent your support to this
Tribunal?
Tun Dr Mahathir: I cannot understand why
when killing one person is considered murder
and the perpetrator can be sentenced to death if
found guilty, but for people who make decisions
to wage war that can lead to the killing of
hundreds or even thousands, nothing seems
to be done. To me that is wrong. If you kill,
that is murder. Whether it is one or hundreds,
that is murder. That is why I feel that leaders
of Governments must not use war as a means
to settle disputes. This must be a public policy.
Instead they (leaders) should seek to negotiate,
go for arbitration or even take up the matter in
a court of law.
L to R: Tun Dr Siti Hasmah, Tun Dr Mahathir with Dato’ Dr
Yaacob Merican, the Secretary General of the KLFCW
For whatever reason, the ICC and other countries
have turned a blind eye to the mass murder of
some 1.4 million Iraqis since the invasion began.
In fact the ICC has been approached with more
than 240 complaints, but its chief prosecutor, a
European, has ruled that the complaints do not
have “sufficient gravity” to merit prosecution.
The ICC was set up under the Rome Statute, a
treaty that has been ratified by most Western
countries except the U.S. The ICC has relied on
this fact as grounds for not prosecuting U.S.
citizens.
This Tribunal could not have taken place without
the support of one man – Tun Dr Mahathir
Mohamad. The former premier was ever present
at the four day hearings, even waiting for the
panel of judges to reach their verdict on the final
day. Tun Dr Mahathir granted The Globalist an
exclusive interview in which he talked about the
tribunal, the move to criminalize war and other
topics.
13
But these people (the two accused and others)
are so powerful that nobody will take them
to court. As members of civilized society, we
should punish those who wage war that in turn
leads to mass killing. I think it is wrong to make
war legitimate. Of course defence is permissible.
If you are attacked, you must defend, but to have
aggressive designs against another country, that
is wrong.
Q: But warfare has always been a part and
parcel of mankind for so long. How then can
we prevent or at least minimise such actions?
Tun Dr Mahathir: You may recall that in the
early years slavery was accepted. Everybody had
slaves, whether you were Europeans or Asians.
And these slaves were treated very badly, in fact
in many instances, not like human beings
at all. In the olden days when an army of one
nation defeated the army of another nation,
the captured soldiers became slaves of the
victorious army. This of course does not happen
nowadays.
The fight against slavery was a long and hard
struggle and today there are no longer slaves. So
why is it that when one wages war and people
are killed, it is not considered murder?
We are civilized people, and civilized people
must uphold the sanctity of life. If you uphold
the sanctity of life of one person who is killed,
then why is it that you do not apply the same
sanctity for the millions of people who have
been killed in war?
That is why we feel that if the world does not
punish those who wage war, then we should
punish them. Usually the Tribunals are set
up by the victors, who are obviously bias. A
judge should be free from any influence. So for
justice, you should have an international court.
Unfortunately, nobody takes up the cases against
those who wage war. So we have decided to have
this Tribunal. I know that there is another such
Tribunal in Brussels. Eventually I believe that
war would be made a crime.
Q: But the verdict in Kuala Lumpur will not be
enforced.
Tun Dr Mahathir: Well it may not be enforced,
but the world will know the decision of the
Tribunal and the world can do what is right.
Some countries may not allow these people
(the accused) to enter their territory. They will
be ostracized by some. But that is the limit of
our jurisdiction. We have no means to enforce
the decision of the Court, but not being able
to enforce does not mean we cannot be in a
position to pass judgment.
Q: What then would Tun suggest for us to be
rid of warfare, where such killings do not take
place, and where ‘might is not right’?
Tun Dr Mahathir: I believe that over time,
people will come around to the conclusion that
war is not right. War is a very primitive way
of settling conflicts. We claim to be civilized
people, we respect the sanctity of life, we value
life. In any society, killing of a person is a crime.
When they started the struggle against slavery,
it took them a long time to succeed.
William Wilberforce was the man who started
this struggle (against slavery) in the British
Parliament. He began by introducing legislation
making trade in slavery illegal as the first
step. And that eventually led to slavery being
abolished.
I think slavery is a lesser crime than killing, but
while people have rejected slavery, they seem
to have permitted killing. That is why there is
a contradiction here in terms of our values. On
the one hand we say that killing one person is
murder and whoever did it must be hanged
if found guilty, but when millions are killed,
nothing is done about it.
Q: Do you have any suggestions that you would
like to put forth to rectify the injustices?
Tun Dr Mahathir: It’s a matter of perception.
Over time if we go on pointing out that war
is murder - mass murder - people may come
around.
However as with the struggle against slavery,
it will take many years. People will eventually
accept that war is a crime, that killing is a crime.
You may ask, what can the people do? They can
force their Parliament(s) to abolish war.
In fact, Japan has already decided that they
will not fight a war ever again. They have “selfdefence forces”. So it is possible for others to
follow suit.
We have to get legislators to enact such laws. The
electorate can then declare that they will only
vote for those legislators who will agree to pass
a motion in Parliament to make war a crime.
Maybe the pressure (on legislators) would be
minimal in the beginning, but over time, more
and more people will come to accept that killing
is wrong.
Q: Do you think that Malaysia can take the
lead here and make war a crime?
Tun Dr Mahathir: In time we can. But remember
that defence is permitted. We have the right to
defend ourselves against aggressors or those
who invade our shores. But we should not wage
war against any other nation. I think that in
time, when the people accept that war settles
nothing, but creates misery and suffering and
lives are lost, there will be a move to stop all
kinds of wars.”
The former Prime Minister is well known
for his frank and candid views on local and
international issues. Tun Mahathir was just as
forthcoming when asked about the Arab Spring
– the struggle, the tragedies and the triumphs.
Tun Dr Mahathir: They say that you get the
government that you deserve. If the people
tolerate a dictatorship, then that’s what they
get. However if the people want change, then it’s
up to them to bring about the change. There is
bound to be resistance by the dictators and those
around them. But some people may even be
willing to give up their own lives to bring about
change. And it also depends on the strength
of the movement wanting change. If it’s only a
small group, they may be jailed. But if there is
mass support, then change can take place.
Tun Dr Mahathir Mohamad with his wife Tun Dr Siti Hasmah
They call it the Arab Spring. It’s not spring at all.
It’s about killing, people from both sides (of the
conflict) have died, and that is not right at all.
The best thing is for the leader(s) to accept that
the people they once ruled want change. They
should step down. Take the case of the Tunisian
President, he saw that he had no support, so he
resigned.
Mubarak of Egypt also resigned. But others have
clung on and it has cost lives and misery.
Q: Do you think that the Arab Spring would
lead to the Americans withdrawing, at least
partially from the Arab lands?
Tun Dr Mahathir: They will not withdraw. They
will still be there under some guise. These Arab
countries have huge reserves of oil, so they
will be there. The host countries will have to
be mindful of how these people are treated. If
anything is done to (American) citizens, you can
expect a reaction in a powerful way.
With regards foreign policy, take Libya for
instance. They may not be openly supporting
the Americans, but the new government may be
so grateful to NATO, that they may open up the
country for investment and exploitation.
15
Summary of
Trial no.1
T
he Kuala Lumpur War Crimes Tribunal sat in
November 2011 to hear charges of “crimes against
peace” against George W. Bush and Tony Blair, head
of their respective governments during the invasion of
Iraq on 19 March 2003. Both Defendants did not attend
the hearing. The Tribunal then appointed the Head of
the Defence Division as Amicus Curiae to represent the
Defendants.
The original panel of Judges started with 7 eminent
members. After a preliminary objection was raised
by Amicus Curiae, Judge Niloufer Bhagwat from India,
recused herself. Judge Zakaria Yatim also recused
himself on the first day due to ill-health.
After several days of presentation of the evidence and
submissions by both the prosecution and the Amici
Curiae, the Tribunal ruled that the 2003 invasion of Iraq
was an unlawful act of aggression and an international
crime and that “It cannot be justified under any
reasonable interpretation of international law. It violates
the outer limits of laws regulating the use of force. It
amounts to mass murder. Unlawful use of force in Iraq
threatens to return us to a world in which the law of
the jungle prevails over the rule of law, with potentially
disastrous consequences for the human rights not only
of the Iraqis but of people throughout the region and
the world.”
The future of the UN and of the international law of war
is also at stake. The unauthorized military action in Iraq
undermines the system of collective security embedded
in the UN Charter in order to protect humanity from a
recurrence of the carnage of World War II.
“
At the hearing of Nuremberg, Robert Jackson J, who had
stepped down from the US Supreme Court to prosecute
these defendants said, “We are setting up one standard of
behaviour to be applied not only to the Nazis defendants but
also to ourselves,” and a generation later, that is what we
are asking you, the judges of this Tribunal to do: To apply the
exact same standards of international law to these American
government officials that the Americans applied to the Nazis
at Nuremberg. No more, no less; but exactly the same, just as
Robert Jackson J said should be done in the future.
”
Prof Francis Boyle, Prosecutor
“
We want to reach the planners, the designers,
the inciters, the leaders, and their ring of legal
advisors who have crafted and shaped the evil.
And we want to ring in this message, “Be you
ever so mighty that you think you cannot be
reached – you CAN be reached.”
Prof Gurdial Singah Nijar, Chief Prosecutor
“
War is like a black hole. The general theory
of relativity posits that there are black
holes, and in the centre of black holes there
is the singularity where the laws of physics
cease to exist. War does that to laws of
man. To international laws even.
”
Jason Kay, Amicus Curiae
17
Summary of Trial
A
t the conclusion of the 5-day hearing on 11 May
2012, the Kuala Lumpur War Crimes Tribunal
found all the 8 accused persons, namely, George W.
Bush, Richard B. Cheney, Donald H. Rumsfeld, Alberto
Gonzalez, David Addington, William Haynes II, Jay Bybee
and John Choon Yoo guilty as charged and convicted
as war criminals for committing torture, and cruel,
inhumane and degrading treatment of the complainants
(war crime victims).
Under Article 31 of Chapter VI of Part 2 of the Charter
of the Kuala Lumpur War Crimes Commission (the
Charter), the Tribunal recommends to the Kuala Lumpur
War Crimes Commission (the Commission) to submit
this finding of conviction of the Tribunal, together with
a record of the Tribunal’s Proceedings, to the Chief
Prosecutor of the International Criminal Court, as well
as the United Nations and the Security Council.
no. 2
Further, under Article 32 of the Charter, the Tribunal
recommends to the Commission that the names of
the 8 convicted persons be entered and included in
the Commission’s Register of War Criminals and be
publicized accordingly.
The Tribunal also recommends to the Commission to
give the widest international publicity to this conviction
and the grant of reparation for the complainants (war
crime victims) as these are universal crimes for which
there is a responsibility upon nations to institute
prosecutions if any of these 8 convicted persons enter
their jurisdiction.
The Tribunal expresses its hope that the complainants
in this case will, in the near future, find a state or
international judicial entity competent, able and willing
to exercise jurisdiction and to enforce the verdict of
this Tribunal against the 8 convicted persons and their
government.
BUSH AND BLAIR
SHOULD FACE
TRIAL
- Desmond Tutu
E
ver since the Kuala Lumpur Tribunal
found George W. Bush and Anthony L.
Blair guilty of crimes against humanity last
November, the world has been watching
and waiting for some kind of reaction to
the pronouncements. While the Western
countries paid scant attention to the verdict,
which cannot at this stage be enforced,
others have acted in their own way.
There are now several countries where the
two former leaders would find themselves
unwelcome and perhaps even detained if
they went there. The wheels of justice, one
is constantly reminded, are slow to move.
However in recent times, there seems to be
a move toward bringing the pair to justice.
For one, the very eminent Archbishop
Desond Tutu has called for Tony Blair
and George Bush to be hauled before the
international criminal court in The Hague.
At the same time the cleric delivered a
damning critique of the physical and moral
devastation caused by the Iraq war.
The actions of Tutu, a Nobel peace prize
winner and hero of the anti-apartheid
movement, marks the first time that
someone of international standing has
publicly and passionately accused the
former British and US leaders of lying
about weapons of mass destruction which
were used as an excuse to invade Iraq. The
Archbishop went on to say that the invasion
19
left the world more destabilised and divided
“than any other conflict in history”.
Writing in The Observer, a British newspaper,
Tutu has blamed the controversial US and
UK-led action to oust Saddam Hussein in
2003 for having created the backdrop for
the civil war in Syria and a possible wider
Middle East conflict involving Iran.
“The then leaders of the United States and
Great Britain,” Tutu wrote, “fabricated the
grounds to behave like playground bullies
and drive us further apart. They have driven
us to the edge of a precipice where we now
stand – with the spectre of Syria and Iran
before us.”
To many of us involved in the workings of
the Kuala Lumpur Foundation to Criminalise
War, it was the renowned Archbishop’s call
for Blair and Bush to face justice in The
Hague that has been most interesting.
Claiming that different standards appear
to be set for prosecuting African leaders
and western ones, Tutu said the death toll
during and after the Iraq conflict is sufficient on
its own for Blair and Bush to be tried at the ICC.
“On these grounds, alone, in a consistent
world, those responsible for this suffering
and loss of life should be treading the same
path as some of their African and Asian
peers who have been made to answer for
their actions in The Hague,” he wrote.
The International Criminal Court (ICC) was
set up to hear cases on genocide, crimes
against humanity, and war crimes. To date,
16 cases have been brought before the court
but only one, that of Thomas Lubanga, a
rebel leader from the Democratic Republic
of the Congo (DRC), has been completed.
He was sentenced earlier this year to 14
years’ imprisonment for his part in war
crimes in his home country. The Chief
Prosecutor has never brought charges
against any Western leader to date. It was
only the KLFCW that has taken that step on
behalf of all victims of the criminal action in
Iraq and Afghanistan.
Tony Blair has been attempting to rehabilitate
himself in public life after his term as Prime
Minister. But Desmond Tutu’s blast at him
is evidence of the shadow still cast by Iraq
over Blair’s future. A longtime critic of the
Iraq war, the archbishop pulled out of a
South African conference on leadership in
August because Blair, who was paid 2m
rand (£150,000) for his time, was attending.
Tutu had agreed to speak without a fee.
In his article, the archbishop argues that
as well as the death toll, there has been
a heavy moral cost to civilisation, with
no gain. “Even greater costs have been
exacted beyond the killing fields, in the
hardened hearts and minds of members of
the human family across the world.
“Has the potential for terrorist attacks
decreased? To what extent have we
succeeded in bringing the so-called Muslim
and Judeo-Christian worlds closer together,
in sowing the seeds of understanding and
hope?” Blair and Bush, he says, set an
appalling example. “If leaders may lie, then
who should tell the truth?” he asks.
“If it is acceptable for leaders to take
drastic action on the basis of a lie, without
an acknowledgement or an apology when
they are found out, what should we teach
our children?”
We reproduce here the full article that appeared
in The Observer on 1 September 2012:
Anti-apartheid hero attacks former prime
minister over ‘double standards on war
crimes’
“The immorality of the United States and
Great Britain’s decision to invade Iraq
in 2003, premised on the lie that Iraq
possessed weapons of mass destruction,
has destabilised and polarised the world to
a greater extent than any other conflict in
history.
Instead of recognising that the world we
lived in, with increasingly sophisticated
communications, transportations
and
weapons
systems
necessitated
sophisticated leadership that would bring
the global family together, the then-leaders
of the US and UK fabricated the grounds
to behave like playground bullies and drive
us further apart. They have driven us to the
edge of a precipice where we now stand –
with the spectre of Syria and Iran before us.
If leaders may lie, then who should tell the
truth? Days before George W Bush and Tony
Blair ordered the invasion of Iraq, I called the
White House and spoke to Condoleezza Rice,
who was then national security adviser, to
urge that United Nations weapons inspectors
be given more time to confirm or deny the
existence of weapons of mass destruction in
Iraq. Should they be able to confirm finding
such weapons, I argued, dismantling the
threat would have the support of virtually the
entire world. Ms Rice demurred, saying there
was too much risk and the president would
not postpone any longer.
On what grounds do we decide that Robert
Mugabe should go the International Criminal
Court, Tony Blair should join the international
speakers’ circuit, bin Laden should be
assassinated, but Iraq should be invaded,
not because it possesses weapons of mass
destruction, as Mr Bush’s chief supporter, Mr
Blair, confessed last week, but in order to get
rid of Saddam Hussein?
The cost of the decision to rid Iraq of its byall-accounts despotic and murderous leader
has been staggering, beginning in Iraq itself.
Last year, an average of 6.5 people died
there each day in suicide attacks and vehicle
bombs, according to the Iraqi Body Count
project. More than 110,000 Iraqis have died
in the conflict since 2003 and millions have
been displaced. By the end of last year, nearly
4,500 American soldiers had been killed and
more than 32,000 wounded.
Has the potential for terrorist attacks
decreased? To what extent have we
succeeded in bringing the so-called Muslim
and Judeo-Christian worlds closer together,
in sowing the seeds of understanding and
hope?
Leadership and morality are indivisible. Good
leaders are the custodians of morality. The
question is not whether Saddam Hussein
was good or bad or how many of his people
he massacred. The point is that Mr Bush and
Mr Blair should not have allowed themselves
to stoop to his immoral level.
If it is acceptable for leaders to take drastic
action on the basis of a lie, without an
acknowledgement or an apology when they
are found out, what should we teach our
children?
My appeal to Mr Blair is not to talk about
leadership, but to demonstrate it. You are a
member of our family, God’s family. You are
made for goodness, for honesty, for morality,
for love; so are our brothers and sisters in
Iraq, in the US, in Syria, in Israel and Iran.
I did not deem it appropriate to have this
discussion at the Discovery Invest Leadership
Summit in Johannesburg last week.(last
August) As the date drew nearer, I felt an
increasingly profound sense of discomfort
about attending a summit on “leadership”
with Mr Blair. I extend my humblest and
sincerest apologies to Discovery, the summit
organisers, the speakers and delegates for
the lateness of my decision not to attend.”
On these grounds alone, in a consistent
world, those responsible for this suffering and
loss of life should be treading the same path
as some of their African and Asian peers who
have been made to answer for their actions
in the Hague.
But even greater costs have been exacted
beyond the killing fields, in the hardened
hearts and minds of members of the human
family across the world.
21
Find peaceful end
to territorial rows
W
AR RESOLVES NOTHING: Past experiences
prove that the most sensible solution is to
place claims before the court
I AM sorry to see dispute between China and Japan, and
Korea and Japan over the offshore islands. Neighbours
will always have problems over overlapping claims.
But neighbours should not go to war or use violence in
asserting their claims.
Malaysia has borders with five countries of Southeast Asia
-- namely Singapore, Thailand, Brunei, Indonesia and the
Philippines. Once there was a confrontation by Indonesia
though it was not about overlapping claims.
To avoid wars and confrontations, Indonesia, Malaysia and
the Philippines formed ASA, the Association of Southeast
Asia.
This was later expanded to include Singapore and
Thailand. Later, all the countries of Southeast Asia joined
the association.
Many believed this was an economic community like the
European Economic Community. But the real objective of
Asean was to provide a forum for conflict resolution.
It was launched after the end of the Indonesian
confrontation against Malaysia.
The association brought leaders of these countries
together during frequent meetings. Knowing each
other is important if problems between the countries
are to be resolved. There is a Malay saying “Tak
kenal maka tak cinta” (because you don’t know
each other, you do not love each other).
The first problem faced by Malaysia involving
overlapping claims was over a triangular
area of sea in the Gulf of Thailand where the
northeastern border of Malaysia meets the
southeastern border of Thailand. Malaysia’s
projection of the border of its continental shelf
was towards the northeast while Thailand’s
was more southeastwards.
After repeated attempts by the respective foreign ministry
officials of the two countries failed, the prime minister of
Malaysia met the prime minister of Thailand and decided
that minerals, oil and gas discovered in the triangular
area of sea between the two projected continental shelf
borders should be shared equally, 50/50 between the two
countries. A joint development plan by a joint development
authority was put in place and today, the gas produced in
the area is indeed shared 50/50 between Malaysia and
Thailand.
Then, there was a dispute over two beautiful islands in the
seas at the border between the Malaysian state of Sabah
and Indonesia. Prolonged negotiations and haggling by the
two countries failed to resolve the issue. Both countries
refused to give in or
surrender their claims.
Eventually, both agreed to go to the World Court. It was a
tedious process. Documents and other proofs had to be
presented to the court by both sides.
After a considerable length of time and numerous
hearings, the court decided that the islands belonged to
Malaysia. Indonesia was unhappy of course. But Indonesia
and Malaysia had both given the undertaking to accept
whatever decision made by the court. And they both
honoured their promise.
During the British period, they set up lighthouses on several
islands in the Malay peninsula, of which Singapore was
then a part, its governor being the High Commissioner of
the Malay States. For convenience, the lighthouses were
administered from Singapore.
After the separation between Malaysia and Singapore, the
island nation claimed that a rock on which a lighthouse had
been built by the British in the sea between the southern tip
of the Malay peninsula and Singapore belonged to Singapore.
Malaysia disputed this claim for various reasons. After
years of trying to resolve the claim through negotiation,
the two countries decided to go to the World Court.
To cut a long story short, the court decided the rock belonged
to Singapore. Malaysia was disappointed but having given our
undertaking, accepted the decision of the court.
There was also a dispute over the sea offshore Sarawak
in the island of Borneo between Malaysia and Brunei.
Believing that the sea belonged to Malaysia, Petronas,
the Malaysian national petroleum company, began
exploration in the waters concerned.
Brunei sent its warships and demanded that the Malaysians
cease their operations. Later, the claims were discussed
by the leaders of the two countries and it was agreed that
the sea belonged to Brunei but the exploitation should be
by Malaysia’s national petroleum company.
Finally, the Philippines claimed the whole state of Sabah
on Borneo island. But the Philippines did not join Indonesia
in that country’s confrontation. There has been no hostility
between Malaysia and the Philippines, nor has there been
any negotiation.
It is not a very satisfactory state of affairs. The problem
is still there. But diplomatic relations between the two
countries seem to be unimpaired.
The point I am trying to make is that the Japanese, Koreans
and China should not resort to violent confrontation
nor stir up emotions which can become uncontrollable.
The claims cannot be resolved through wars or through
threatening acts like sending warships or putting up flags.
Wars, if resorted to, could spread to become an all-out war
between the claimants. People would die. The damage caused
would be worse than the gain that the islands present. The
tension created by wars will damage not only the economies
of the belligerents but the region as well, perhaps even the
world as the United States might get involved.
No matter who wins the war, the loser would still dispute
the possession of the island. Currently, there is a dispute
between Russia, the winners in the last war, and Japan,
the losers, over islands north of Japan. Fortunately, the
confrontation has not escalated to what we are seeing in
China and Japan today.
War resolves nothing despite
the loss of lives, property
and the huge cost of modern
war. Even a limited war can
bankrupt nations. Just look
at the experience of war in
Iraq and Afghanistan.
The only sensible solution to the dispute is to agree to
negotiate, arbitrate or, failing this, to put the claims before
the World Court. Someone will win and someone will lose
of course. But war would also result in the same result.
In fact, war is worst because apart from the high cost, the
claims will still remain after the loss of lives and property.
In fact, whatever wealth the islands will yield would
probably be less than the total amount expended in the
war.
Asia has had enough wars in the past. Let us keep East Asia
peaceful. What we gain from peace will be a thousand times
greater than what we can gain from the disputed islands.
Today, we talk of the rule of law. If we really do believe in
it, then we should demonstrate it by resorting to the courts
to settle disputes between nations as well. We have to
accept that we can lose as much as we can win. That is
what submission to the rule of law is about.
Tun Dr Mahathir Mohamad
*This article appeared in The New Straits Times
on 20 September 2012
23
This approach
is the right one,
reaching out to the
young, telling them
about war, what it
really means and
why it must be
criminalised.
❑
Prof Michel Chossudovsky
SUPPORT FOR A YOUNG PEOPLE’S
ORGANISATION
O
ne of the principal aims of this publication, Criminalise
War, is to spread the message of the futility of war to
the younger generation. Towards that end, a Charter has been
created for such organizations to flourish in schools all over
the country.
Support for such a move has come from many quarters. While
it is an accepted fact that any “results” will take time and a great
deal of effort, the fact is this move must take place now, and it
must reach the young of this country soon.
The publishers approached several prominent individuals to
seek their views and support. One, Prof Michel Chossudovsky
heads the Centre for Research on Globalization based in
Canada. He is also a signatory to the Initiative that led to the
establishment of the Kuala Lumpur War Crimes Foundation.
When asked firstly about the verdicts by the Kuala Lumpur
Tribunal that found ex-US President George W Bush and
former British Prime Minister Tony L Blair guilty of crimes
against humanity, the professor put it this way:
“The decision of the Court has been based on extensive
documentation and evidence of war crimes and crimes
against humanity. How this will affect the accused is part of
the historical process, what I mean by that is that after the
judgment of this court, the verdict becomes public knowledge
and it is distributed world-wide. My institution – The Centre for
Research on Globalization - our aim is to make not just the
judgment known but all the testimony available to the broadest
possible audience world wide.
“This drive to bring the accused to justice has been raised in
many other places and institutions, but I think that this (KL)
has been the most comprehensive procedure, it has collected
evidence over several years and it has finally reached its verdict,.
I should add that the accused are not the only criminals on the
block, we are dealing with something far more complex, such
as the criminalization of the states of western governments,
NATO (North Atlantic Treaty Organization) and their allies. We
don’t resolve this by identifying the personae – we have to carry
this to another stage, which is the criminlisation of institutions,
in other words – it pertains to the US and UN where these acts
are endorsed, where war crimes have had endorsement, acts
of war by the major states, the UN Security Council itself.. We
are talking about Iraq, Afghanistan, Palestine, Libya, Syria, all
places where the UN is serving as a front to those who commit
crimes against humanity.”
To him, this publication is most timely for as he put it:
“Any young person who is interested in history can review and
ponder for himself or herself that wars never solve anything. In
fact they add to the misery of all people. Young people should
now try another course of action – that of peace. To try and
avoid by all means war or conflict. We have to give dialogue
a chance. The UN Charter on every page makes the case
for mediation and conflict resolution by peaceful means and
dialogue. The political will has to be developed to try that road
towards peace rather than the other road toward war.”
I would say that the ones who are identified as
heroes of war are in fact victims of war. They
are not heroes. And the young people must be
challenged to discuss this, to debate this. To
think about it. And if that happens, I would say,
there is a chance that peace will prevail.
❑
Hans-Christof Von Sponeck
When asked about the muted response that newspapers in this
country have shown:
“After several visits to Malaysia, I can say that your mainstream
media is very much in the same mould as their western
counterparts, it’s a camouflage for them. They either do not
cover events such as this (Tribunal) or they merely carry a story
in a box with very little accurate information.
“So that is a media that you cannot depend upon. This is
despite the fact that this Foundation is the initiative of a former
Prime Minister. The initiative has to come through what is being
done with this publication, and reaching out to the young, the
school children, say those above 12 years of age, because by
then they can understand and form opinions. It’s a bit too late if
you try and get them at University, since by then they are under
the influence of professors and lecturers. So get them young,
and not just in KL (Kuala Lumpur) but in many other parts of
the country.
“….so while I may not be able to contribute articles, I would be
better placed to help “sensitise” the young by way of a lecture
series, which I shall certainly consider. This approach is the right
one, reaching out to the young, telling them about war, what it
really means and why it must be criminalised.
Another prominent former diplomat who spoke to us was
Hans-Christof Von Sponeck, who had served as an Assistant
UN Secretary General in charge of humanitarian programme
in Iraq.
Q: How do we get this political will?
A: “To young people I would say that the best weapon they
could develop for themselves would be the information to
understand the situation, understand the past and to challenge
those who want to go the way of war. So knowledge is an
important base to make that difference between sliding into
another conflict or promoting peace.
“If we have media that promote conflict, that promote
confrontation and promote hatred, I will say that young people
will try and go that way. So it’s also a question of national
leadership in Europe, in Asia and other parts of the world, in
this ever smaller world, to set examples to show that there
are alternatives to solving problems and conflicts. The youth,
absolvable as they are, will want to try that which is preached.
So we have to ensure that they are given the right information.
Q: How can we take this message to the young?
A: “To continuously remind them of what UNSECO that right
from the beginning of its existence stated that if wars start in the
minds of men, then peace can also start in the minds of men.
“It’s the question of directing your attention and socializing
people towards peace – and we have not done that. What we
have done is glamourised the uniform, we have glamourised
weaponry, we have glamourised wars and the so-called heros
of wars. I would say that the ones who are identified as heroes
of war are in fact victims of war. They are not heroes. And the
young people must be challenged to discuss this, to debate
this. To think about it. And if that happens, I would say, there is
a chance that peace will prevail.
“We all have our contributions to make, wherever we are,
wherever we stand in life, whatever our experience is,
experience shows that peace is a much greater achievement
and of much greater value than it is to go to war and brutalise
minds and create more victims and then when it is too late,
start to glorify them.”
25
Would You
Trust A US
President?
W
e have recently come across two compelling although
separate incidents and which have taken place in
two different times. On examining the evidence of both these
cases, we are prompted to ask the question: Can You Trust
The US President?
Four years ago Americans had the courage to elect their
first African-American president. He rode the popular tide
with promises to end the torture and inhumane treatment of
“prisoners” held at various facilities. Those who strongly opposed
America’s invasion of Iraq and the bombings in Afghanistan
were beguiled into the hope that Barak Obama would right all
the wrongs of the previous occupant of the White House. Now
almost four years later, and seeking a further term in office, the
promises of the US President have not been met.
At the end of World War II, most young people, this writer
included, grew up with stories of heroism during the war years,
of the brave battles waged against a conquering and cruel force
that subjected countries in Southeast Asia to its yoke. And to
glamorise all this were the numerous movies of the great battles
in Europe and other parts of this region. Hollywood was seen as
the bringer of good cheer, for the good guys always won.
Comics were another influence, Batman and Robin, The Lone
Ranger and Superman, along with several more such creations
all played their part in turning young minds the American way.
They were after all the “good guys” who conquered evil and
defeated the “bad guys”. Such was the influence of these
movies that America became the champion of the world. The
evil was seen as the Communist regimes of the Soviet Union,
the Eastern Bloc, China, Vietnam and North Korea.
But events over the last 20-30 years have shown that we
have to re-think this perception we have of the “good guys”.
The destruction of Iraq, the invasion of a sovereign nation,
the aerial bombardment of a helpless Afghanistan and the
continued drone attacks on civilian targets, have all taken a
heavy toll.
The Kuala Lumpur Foundation to Criminalise War has in the
course of two Tribunal hearings found former US President
George W. Bush and British’s ex premier Anthony L. Blair guilty
of crimes against humanity. Several other senior US officials were
also convicted for their actions against ordinary citizens in Iraq and
Afghanistan.
So there was a glimmer of hope when Barak Obama came
to power that things would be made right again. Alas, what
a letdown!
This thus brings up the subject: Can we trust a US
President?
This writer cites two events to make the point.
These two events had taken place almost 50 years
apart, but they point to a chilling verdict of guilty
on the part of the man in the White House on both
occasions. One involved the Soviet Union and the
other of course US troops and their “terror” squads.
At the last hearing of the Kuala Lumpur Tribunal
in May 2012, testimony was heard from three
separate witnesses who underwent inhumane
treatment, torture and imprisonment. One
was an Iraqi woman who was forced out
of her house, stripped of her clothes and
her dignity just because they suspected her
of siding with the insurgents. The other two
men suffered harsh treatment of wrongful
confinement. The testimonies of these three
were among the facts taken into consideration by the panel
of judges before they rendered their guilty verdict on all the
accused.
Take these two cases and look at them carefully and judge for
yourself, who the real guilty were.
When Barak Obama was campaigning for the Presidency of
the United States four years ago, he pledged to bring home
the troops by ending the occupation in Iraq and Afghanistan
and shut down the prison facility in the island of Guantanamo
Bay, which is in Cuba, a sovereign state.
Four years on, as he campaigns for a
second term in office, Gitmo (as the
Cuban facility is called) is still the torture
centre that it has been, the war in Iraq
is still on-going perhaps on a scaled
down basis, Nato forces supposedly run
the war in Afghanistan, and none of the
President’s promises have been kept. In
fact, the Obama administration has gone
even further to absolve US officials and
troops of any accountability for their
actions in these various areas.
There is now international displeasure over the cases of two
detainees who were tortured to death, but whose handlers
have been apportioned no blame nor punished for causing
their deaths. Why, one may ask? The US Attorney General,
Eric Holder has announced the closing without charges of the
only two cases under investigation relating to the US torture
tactics: they related to the 2002 death of an Afghan detainee
at a secret CIA prison near Kabul (the Afghan capital) and the
other, the 2003 death of an Iraqi citizen while in CIA custody
at Abu Ghraib prison facility in Iraq.
Many people and international commentators have termed
these decisions as the “Obama administration’s aggressive fullscale whitewashing of the “war on terror” crimes committed by
Bush officials as being now complete. That decision by the
Attorney General eliminates the last possibility of any criminal
charges being brought as a result of the brutal interrogations
carried out by the CIA.
What a farce this has been and it is appropriate to review
the timeline of how Obama officials acted to shield Bush
torturers from all accountability. During his 2008 campaign for
president, Obama repeatedly vowed that, while he opposed
“partisan witch-hunts”, he would instruct his attorney general
to “immediately review” the evidence of criminality in these
torture programmes because “nobody is above the law.” Yet,
almost immediately after winning the 2008 election, Obama,
before he was inaugurated, made clear that he was opposed
to any such investigations, citing what he called “a belief that
we need to look forward as opposed to looking backwards”.
Throughout the first several months of his presidency, his top
political aides, such as the Chief of Staff, Rahm Emanuel and
his press secretary Robert Gibbs publicly – and inappropriately
– pressured the justice department to refrain from any criminal
investigations. Over and over, they repeated the Orwellian
mantra that such investigations were objectionable because
“we must look forward, not backward”. As Gibbs put it in
April 2009, when asked to explain Obama’s opposition, “the
president is focused on looking forward. That’s why.”
In sum, the Obama administration has been desperate
to ensure that there will be no accountability or even that
meaningful investigations ever take place. That is almost
certainly due to the observation made in the New York Times:
“Because every president eventually
leaves office, incoming chief executives
have an incentive to quash investigations
into their predecessor’s tenure.”
In other words, Obama is motivated to shield Bush officials
from accountability for their crimes in the hope that once
Obama leaves office, he, too, will be gifted identical immunity
from the rule of law.
Even Roosevelt
was part of a
Cover Up
During World War II, American POWs (prisoners of war) sent
secret coded messages to Washington with news of a Soviet
atrocity: In 1943 they saw rows of corpses in an advanced
state of decay in the Katyn forest, on the western edge of
Russia, proof that the killers could not have been the Nazis
who had only recently occupied the area.
The testimony about the infamous massacre of Polish officers
might have lessened the tragic fate that befell Poland under
27
The testimony about the infamous
massacre of Polish officers
might have lessened the tragic
fate that befell Poland under the
Soviets, some scholars believe.
Instead, it mysteriously vanished
into the heart of American
power. The long-held suspicion
is that President Franklin Delano
Roosevelt didn’t want to anger
Soviet dictator Josef Stalin, an
ally whom the Americans were
counting on to defeat Germany
and Japan during World War II.
Franklin Delano Roosevelt
the Soviets, some scholars believe. Instead, it mysteriously
vanished into the heart of American power. The long-held
suspicion is that President Franklin Delano Roosevelt didn’t
want to anger Soviet dictator Josef Stalin, an ally whom the
Americans were counting on to defeat Germany and Japan
during World War II.
and intellectual elite that would have put up stiff resistance
to Soviet control. The men were among Poland’s most
accomplished — officers and reserve officers who in their
civilian lives worked as doctors, lawyers, teachers, or as other
professionals. Their loss has proven an enduring wound to the
Polish nation.
Documents released recently lend weight to the belief that
suppression within the highest levels of the U.S. government
helped cover up Soviet guilt in the killing of some 22,000
Polish officers and other prisoners in the Katyn forest and
other locations in 1940.
In the early years after the war, outrage by some American
officials over the concealment inspired the creation of a special
U.S. Congressional committee to investigate Katyn.
Historians describe it as important. The most dramatic
revelation so far is the evidence of the secret codes sent
by the two American POWs — something historians were
unaware of and which adds to evidence that the Roosevelt
administration knew of the Soviet atrocity relatively early on.
The declassified documents also show the United States
maintaining that it couldn’t conclusively determine guilt until
a Russian admission in 1990 — a statement that looks
improbable given the huge body of evidence of Soviet guilt
that had already emerged decades earlier. Historians say the
new material helps to flesh out the story of what the U.S. knew
and when.
The Soviet secret police killed the 22,000 Poles with shots
to the back of the head. Their aim was to eliminate a military
In a final report released in 1952, the committee declared
there was no doubt of Soviet guilt, and called the massacre
“one of the most barbarous international crimes in world
history.” It found that Roosevelt’s administration suppressed
public knowledge of the crime, but said it was out of military
necessity. It also recommended the government bring charges
against the Soviets at an international tribunal — something
never acted upon.
Despite the committee’s strong conclusions, the White House
maintained its silence on Katyn for decades, showing an
unwillingness to focus on an issue that would have added to
political tensions with the Soviets during the Cold War.
So the question remains, Can You Trust An American President?
Spotlight On
An Oppressed
Community
29
“the solution must
be the right of the
Rohingyas to go
back and live in the
state where they
have been living all
these years”
❑ Tun Dr Mahathir Mohamad
O
n 17th September 2012, Perdana
Global Peace Foundation organised
a one-day international conference titled,
“Plight of the Rohingya: Solutions?”
attended by participants comprising
representatives from the diplomatic
corps, international organisations,
parliamentarians, human rights groups,
academia, civil society, non-governmental
organisations and media, as well as leaders
of Rohingya organisations from several
countries. Various papers were presented
and at the end of the conference, a
resolution was drafted, signed by all the
speakers of the conference. In brief, it
noted:• with serious concern that the Rakhine
Buddhist community and in particular,
the Rohingya Muslim community,
suffered from sectarian violence that
erupted in Rakhine State in June 2012,
• the current tragic situation facing the
Rohingyas and continued statelessness
that makes them highly vulnerable to
abuses,
• with concern the thousands of
displaced and stateless Rohingyas
living throughout the world,
• that the government of Myanmar has
failed to observe its responsibility to
fulfil its international human rights and
humanitarian obligations with respect to
the Rohingyas,
• the systematic crimes against the Rohingya
community,
and in its resolution the Conference:• strongly condemns the continuing acts of
violence, rape, beatings, burning of dwellings,
killings, arbitrary arrests, detentions and
enforced disappearances of the Rohingyas,
• calls on the government of Myanmar
to recognise the legitimate rights of the
Rohingyas, to amend the 1982 Citizenship
Act to recognise or grant citizenship to
persons of Rohingya ethnicity, and to carry
out full and fair investigations against
individuals and parties responsible for
criminal offenses during sectarian violence
in Rakhine state.
In the words of Tun Mahathir during
the keynote address, “We are here
to find solutions to a problem that
has been with us for a very long
time. … We expect that the state of
Myanmar, which is a very rich state,
would be able to give its people a
good life, and that good life should
not only be confined to one segment
of the population, but for everyone
who claims to be the citizen of
Myanmar. … and the solution must
be the right of the Rohingyas to go
back and live in the state where they
have been living all these years,
to join their compatriots who are
there and for the whole population
of Rohingyas to be recognized as
citizens of Myanmar.”
31
“We’ve been trying to adopt negotiation as a
means to solve the issue, but it is complicated
because it involves regional and international
interference.”
❑
Mother Superior Agnes Mariam, Melkite Catholic Church from Homs, Syria
THE SYRIAN
CONFLICT
– A PLEA FOR UNDERSTANDING
Most of us have read on a daily basis in newspapers
the conflict in Syria, the failed attempt by the former
United Nations Secretary General Koffi Annan to
broker a peace and the heavy death toll that the
fighting has caused. This has lasted now for more
than a year and no lasting peace seems in sight.
And while the rest of the world watches with bated
breath, Syrians themselves are attempting to end
the warfare in their ancient land – considered by
many as the seat of civilization. Ancient cities and
a way of life is now being threatened. But who is to
blame?
There is a great need to truly understand the
conflict in Syria. This was the message that was
stressed by Mother Superior Agnes Mariam from
the Melkite Catholic Church in Homs, Syria, when
she told a small but captive audience that the
situation made Syrians feel unimportant as
the media only reported on certain sects of
the population.
The mainstream media has been reporting
partially true and false stories about the
Syrian uprising, many of which do not
represent Syria as a whole, said Mother
Superior Agnes..
“From the start of uprising, we’ve seen that
the reality was not being reported truthfully
and by giving speeches at chosen countries,
including Malaysia, I hope that I can spread
the message,” she said.
Mother Agnes, who is also a member of the
Mussalaha initiative for a reconciliation,
said there was a need for reformation and
democratic change without the use of
violence or resorting to war.
“We’ve been trying to adopt negotiation as a
means to solve the issue, but it is complicated
because it involves regional and international
interference.
Most Rev Tan Sri Murphy Nicholas Xavier Pakiam at the
registration counter of the Dialogue on the Syrian Uprising
❑
“We are coming together to build a new
social group and this comes from the desire
of the people as we consider the regime in
Syria as fallen.”
Perdana Global Peace
Foundation (PGPF) Chairman
Tan Sri Norian Mai (left) and
PGPF Treasurer Tan Sri Dato’ Sri
Hj. Abdul Halil Hj. Abd Mutalif
(right) in a tête-à-tête with Tan
Sri Murphy Pakiam during the
dialogue session
❑
33
❑
Left to right: Tan Sri Norian Mai and Alan Lonergan
❑
Left to right: Mother Agnes, Dr. Zulaiha Ismail, and Datuk Badariah Arshad
Often referring to herself as a simple nun, Mother
Agnes was clear and forthright in her speech that the
truth must be reported by the mainstream media.
Not showing nor denying support for the current
regime, she reminded the audience that Syria has
known nothing but one-man rule for more than
40 years. From the days of Hafez Al Assad to the
present leadership of Bassar Al Assad, it has been
a tight fisted regime. Democracy she noted takes
time to be in place. Countries like Malaysia, she
noted, live in prosperity because of the rule of law
and people living in harmony.
Mother Agnes is a leading proponent of the
Musaalaha Initiative that seeks reconciliation for
the war torn country. So passionate is she about the
plight of Syrians that she continuously addressed
various issues that divide her country now.
Repeatedly she drew attention to the fact that she
was a nun with no political motive except to tell the
world the true situation of the Syrian conflict. War
has caused havoc in Syria. This conflict has lasted
for more than a year. Families have lost loved ones,
bread winners and even children. How long more
will this suffering go on?
Recalling that Syria is a proud nation that has long
lived peacefully with a diverse and multi-religious
population, Mother Agnes invited Malaysians to
visit Syria and see for themselves the true situation
in her country.
Mother Agnes Mariam was on her way to Australia
and had only made the brief stop-over in Kuala
Lumpur to address the dialogue session organised
by the Perdana Global Peace Foundation.
a journey of a thousand
miles begins with the first
step. we have taken many
steps. let us march forward
in this struggle to achieve
true civilisation, to
criminalise war.
during
“Expose War Crimes - Criminalise War” Conference in
Kuala Lumpur on 5 February 2007
35
KLFCW
November 2012 Events
[Venue: Dewan Tun Dr. Ismail, Putra World
Trade Centre PWTC, Kuala Lumpur]
Date
Time
Event
Host
Forum on 9/11
Keynote Address by H.E. Tun Dr. Mahathir
PGPF
Mon 19 – Thurs 22 9am to 5pm
Nov 2012
War Crimes Exhibition
PGPF
Tues 20 Nov 2012
9am to 5pm
Kuala Lumpur War Crimes Commission Hearing on Palestine
(First Session)
KLFCW
Wed 21 Nov 2012
9am to 5pm
Kuala Lumpur War Crimes Commission Hearing on Palestine
(Second Session)
KLFCW
International Conference on War-affected Children:
KLFCW
Mon 19 Nov 2012
9am to 5pm
Thurs 22 Nov 2012 9am to 2pm
• Keynote Address –
by H.E. Tun Dr. Mahathir (Founder/Chairman
KLFCW)
Moderator
Dato’ Freida Pilus
Advisor to the Minister of Education
Rapporteur
Puan Che Kamaliah Endud
Principal, Tunku Kurshiah College
• Legal Protection of Children in Armed
Conflict: The Iraqi Children Genocide
Prof. Francis A. Boyle
(Professor Of International Law at the
University of Illinois)
Date
Time
Thurs 22 Nov 2012 9am to 2pm
Event
Host
• Khmer Rouge: Atrocities Committed
on Children H.E. Ms. Chea Leang (National CoProsecutor of the Extraordinary Chambers
in the Courts of Cambodia) (ECCC)
KLFCW
• What War Does to Children –
Prof. Paola Manduca
(Geneticist, University of Genoa, Italy)
• Effects of War on Children’s Health Dr Raj Abdul Karim
(President of Malaysian AIDS Council)
• Children’s Charter to
Criminalise War H.E. Tun Dr. Siti Hasmah bt Mohd Ali
(Trustee, KLFCW)
Thurs 22 Nov 2012 8pm to 11pm
A Night To Remember Our War-Affected
Children
• Launching of the Criminalise War Club
(Malaysian Chapter)
• Proclamation and Inscribing of the
Children’s Charter to Criminalise War
• Launching of KLFCW’s magazine,
“Criminalise War”
• Performance by the Tunku Kurshiah Orchestra
• The World at War... Tell me why? We need
to learn to live - Poetry Recitation and
Songs of Hope with Video Presentation by
Cempaka Group of Schools
KLFCW
37
Editorial
Children are the pulse of any family unit. In turn they become the conscience of a nation. For they
are ones who are most affected by violence and destruction. And when they tell their stories, all
will listen. They have the simple “truth factor” in them and when they describe in their very own
language what they see or feel, grown ups will listen.
It was that same evocative feeling that was conveyed
when I first saw a letter written by a young 7 year old
girl lamenting the sufferings of her fellow beings in a
far distant place. It was a plea that came from the heart.
And that same letter is reproduced here for all readers
to understand what suffering and hardship is through
the eyes of an innocent girl. She is grown up now, but
that message is still valid.
Reading this very simple and poignant letter can give
you, the reader, an idea of what needs to be done and
why we must care for the Palestinian, the Lebanese, the
Jew, the Arab, the Afghan, the African and many more
displaced fellow humans in all parts of the world.
Once in a lifetime comes a cause that is worth being
involved in. Many of us pass through this earth never
having had the opportunity to do something meaningful.
In that respect, getting to know and understand the
role and functions of the Kuala Lumpur Foundation to
Criminalise War Inc, is such an opportunity.
Until very recently the Foundation remained relatively
unknown. However when it carried out its first Tribunal
hearing in late November 2011, many realised the
invaluable work it had undertaken. But the sitting of
the Tribunal and its verdict had only a muted response
in the local press. If the verdict could not awaken the
people from their slumber, what effect would it have
on an international community? Scorn and ridicule
39
were hurled at the KL War Crimes Tribunal. Undaunted,
in May 2012, a second charge was heard against
several former international leaders. The guilty verdict,
although not enforceable, will nevertheless serve to
remind an uncaring international audience, that we in
Malaysia stand for justice. War is a crime and we have
to expose war crimes no matter where it takes place.
Who suffers the most when the major powers decide
to go to war, to enforce regime change or hold the
notion that Islamists have threatened their way of life?
Without solid evidence, the United States and Britain
and their Western Allies have invaded Iraq, taking
retro-action when no weapons of mass destruction
were found. Then it became “regime-change” to justify
their criminal acts. Who suffered? The people of Iraq –
we heard evidence of the types of torture and cruelty
the invaders and their cronies inflicted on innocent
civilians when the KL Tribunal held its second session
last May.
The trauma, the untold suffering, the wrecked lives of
millions of people, have remained distant memories.
Until the KLFCW unearthed it and took decisive action.
Today, both George W. Bush and Anthony L.Blair
have been declared criminals for committing crimes
against humanity. But that itself means nothing unless
further measures are taken to right the many wrongs
committed.
We cannot and do not have the clout to “punish” these
people. But we have the power within ourselves to
have war criminalised – so that any one who wages
war is condemned the world over as a criminal.
This then is the aim of this publication – to provide the
young and not-so-young the real opportunity to make
a difference in this world. To become involved in the
ideals and workings of the KLFCW so that the message
is carried to every home, every town, every kampong
in our peace-loving nation. The young feel the pains of
war and suffering the most. The young are the ones
who care, they have passion in them for the simple
things in life. They feel pain, joy, hurt and comfort very
easily. Their compassion and sense of goodness is
unadulterated, it is pure, it comes from the heart.
With this publication, we are reaching out to young
Malaysians, requesting them to pause and to ponder
the merits and demerits of war. Would you choose
destruction over construction? Would you prefer
bombardment over freedom to run and play as you
will? Will you wage war knowing that lives will be lost?
Will you kill?
This then is the opportunity to form a solid base
foundation of brotherhood to reject war. We need
to have this legislated. We need to have elected
representatives who denounce war. We need to spread
this movement across the seas and oceans and land
masses and link with like-minded groups in many parts
of the world. This is a revolution - but a revolution that
has peaceful aims and the betterment of society. We
need to dump the arms and weapons that kill, maim or
cause injury to limbs.
But we also need to know what war is all about. We
need to keep our history in perspective. We cannot
wipe aside history, rather we need to study it, seek its
roots and never make the same mistakes. We need to
have a “new order” in the world.
To us, Malaysia is the starting point of this journey
fraught with pitfalls, obstacles, ridicule and even
disdain. But if we accept that war is a crime, if we truly
and honestly believe that the world can live in peace,
join us at the KLFCW to make the difference. Let our
children live in a world that embraces each other, with
no colour, creed or religious and ethnic barriers. Let
our children band together and form a movement that
is truly universal working for one aim – no more wars!
THE EDITOR
Reaching Out
To The Young
The mission of the Kuala
Lumpur Foundation to
Criminalise War would only
see limited success if its
message is not carried down
to the masses. In this case,
the masses mean the young
citizens of the country. All
secondary schoolchildren
must be reached through
the publication, activity
programmes, talks, seminars
and several other avenues.
At the moment, the KLFCW has served to
criminalise war by conducting hearings,
gathering information, investigating and
by holding public Tribunals. Two such
sittings have found several former leaders
of the United States and Britain guilty of
crimes against humanity. Earlier articles
of these sittings and findings are found in
this publication.
The Plan
This publication, Criminalise War, will lead the way by having issues distributed to boarding
schools initially. School children will then have the opportunity to understand the reasons why this
Foundation was established. It will be necessary to rid the notion that the trials have been “sham”
or that they have no legal standing. The Tribunal only does not have the power to enforce the
verdict.
These and other aspects will be explained to the young citizens. They will then be given
background briefings/information on such issues as the Iraq invasion, the bombings of
Afghanistan and several other violations of human beings and way of life.
“War is about killing” – that is the message of the founder of the KLFCW. Children must
understand this terrible fact. In war, thousands and even millions of fellow human beings have lost
their lives. Children have lost fathers and mothers and brothers and sisters. This must never again
happen any where in the world.
The Plan calls for the setting up of “Criminalise War Clubs” to be run entirely by school children.
There will be a universal charter that all such clubs in the country will abide by. Elected leaders
from individual schools will with the advice and guidance of KLFCW run their own regular
meetings and programmes.
Members will have the opportunity to listen to “experts” who will provide the background to
current issues. History is an important aspect in the annals of any country. History must not be
distorted. Rather, the young members of the clubs will be taught history, events like World War
I and World War II, the Korean War, The Indo-China War and other recent wars of the 20th
century will be explained. This then gives the members a better understanding of the nature of
war. They must realize that in war, there are no victors, only victims.
41
A Variety of activities
Other programmes will follow in due course. But the initial step will be to get the schools of
accept the concept and for the Ministry of Education to sanction it. Towards that end, efforts
will be made by this publication to obtain the permission and endorsement of the relevant
authorities.
Schools already have clubs and societies, some are uniformed while others are not. This Club
will be a non-uniformed movement that embraces all students.
Suggested activities would include: Essay Writing Contests
Public Speaking (on topics related to war)
Understanding the criminal nature of war
These young students and members of the clubs will be challenged to work toward a goal of
helping to create a nation that renounces war. If it took one brave British parliamentarian the
course to help pass a bill that made “trading in slavery illegal” a long time ago, then perhaps
now is the time for Malaysians to consider initiating a move that will see war abolished in the
long run. It will take a long and hard battle to gain the ultimate aim – that Malaysia has a
constitution that rejects war!!!
While these may appear difficult tasks at the moment, unless we move toward that direction,
nothing will be achieved.
Like-minded citizens and readers of this publication are encouraged to submit written
suggestions, ideas and plans on some of the topics that have been mentioned here. We need
to gather a groundswell of interest and action to get started. Then Malaysians can truly say
that they have taken the first, bold step towards criminalising war.
For the Clubs to succeed, there must be full cooperation between the schools and KLFCW.
Eventually, these clubs will work toward a national-level grouping. It then becomes possible
for links to be established with like-minded clubs, young peoples’ movements that have the
same aim – ridding the world of war.
It is envisaged that these initial suggestions will be refined and honed to suit the needs of
individual schools and clubs. However, they must all adhere to the Charter that the KLFCW
will draw up. Eventually, school children themselves will determine the course of action, draw
up their own initiatives and lead this fledgling movement to greater heights. This is the start,
and we cannot delay any longer.
wars
THROUGH THE EYES
OF CHILDREN.
PALESTINIAN CHILDREN ON THE HORRORS OF WAR
Palestinian Ghasan Matar, 14, who lost
his legs in an explosion during the Israeli
war on Gaza, sits on a bed at his family’s
house in Gaza City
gaza’s children struggle
with memories of war
July 10, 2009 • By Patrick Moser
Fourteen-year-old Ghasan Matar won’t talk about
the explosion that cost him his legs and killed his
brother. In fact, six months after the end of the 22-day
operation ended on January 18, 2009,Israeli war on
Gaza, he still barely talks at all.
More than 300 children were among the 1,400
Palestinians killed and many more were wounded
during the 22-day Israeli offensive that ended on
January 18, according to Palestinian figures.
He spends most of his time staring at the walls and
a huge poster depicting his older brother against a
bloody background of war featuring a Kalashnikov
assault rifle and dead Israeli soldiers.
Seven-year-old Ahmed Salah al-Samuni smiles
timidly as he is tossed a green plastic ball but quickly
loses interest, instead digging his nails into a couch
in a brightly coloured room used for psycho-social
counselling sessions.
Palestinian Ghasan Matar, 14, who lost his legs in an
explosion during the Israeli war on Gaza, sits on a bed
at his family’s house in Gaza City
“I remember that Israelis came and ordered us out.
Shells were fired,” he says when asked what he
remembers of the war.
He says he never thinks about the day when the house
was hit during heavy shelling of Gaza City’s Zeitun
neighbourhood. He insists he has no nightmares. “I’m
doing fine,” he says, and then clams up.
“Grandmother and grandfather are dead,” he says,
going on to list about 10 others who died when his
house was bombed. In all, 29 were killed in the attack,
18 of them from his direct family.
43
“I love Azza and want her back,” he says of his twoand-a-half year-old sister who was among the dead.
“But it’s a long process. He has seen so many dead
bodies,” says counsellor Sabri Abu Nadi.
After the attack, he lay in a pool of blood. It’s only
when he cried out for his mother that she realised he
was still alive.
A huge number of children went through “horrible
situations” during the war, says Saji Elmughanni, the
Gaza spokesman for the UN children’s agency UNICEF.
“Nowhere was safe” in the overcrowded sliver of land
wedged between Israel, the Mediterranean and Egypt.
A large scar runs across his face, another along his
hip. His nose is still deformed from the shrapnel
wounds.
“He’d scream out at night: ‘The Jews are coming to
kill me’,” his father says.
His psychological scars are also starting to heal.
And experts say a vast majority of the children
who make up more than half of Gaza’s 1.5 million
population, will bear the psychological scars for years
to come. Many bury their feelings deep inside.
Source: Uruknet.info
IRAQI CHILDREN ON THE HORRORS OF WAR
EXCERPTS FROM THURA’S DIARY:
my life in wartime iraq
30 March, 2003 • Today was a really sad day. The
Doura district in south Baghdad came under attack
from cluster bombs. We’ve got quite a few friends who
live there, as well as one of my other cousins and his
family. We were all so worried about them, but we
couldn’t phone or go to see them.… On TV they’ve
been showing children who’ve been taken to hospital
with terrible burns. I had tears pouring down my face
as I watched, wondering if such terrible things could
happen to me, or any of the people I love.… There
are men and children dying, and women crying for
them. What kind of hatred must they be feeling for
the invaders whose leaders say they’ve sent in their
armies to liberate us? And what kind of hatred for the
Iraqi leadership as well?
2 April, 2003 • In the middle of the night we were
thrown out of our beds by such massive explosions.
With the whole city in pitch darkness, no one knew
what was happening. The explosions were coming
from somewhere nearby.… Some of the missiles flew
over our house and we could see the huge flashes
light up the sky when each one hit, followed by the
deafening sound of the explosions and a great gust of
wind. We also heard glass shatter nearby.… We all got
up except for Sama, who was too scared and asked
me to stay next to her. Just as Mum was hurrying to
open all the doors of the house, another explosion
went off, making the house shake and the lights jiggle
about; I had the feeling the roof was about to fall in
on us. We were all rooted to the spot, looking at each
other wondering what was going to happen next when
the third missile fell.… Everyone is just drained and
worried, and we don’t know what to do. Sometimes we
forget where the candles are or have to search for a
match just to have a light. And then when we find each
other again, we sit down together, just waiting and
waiting and waiting. Overhead it’s raining, not water
but missiles, and we wonder when the rain will stop.
children’s lives were
not spared in sabra and
shatilla massacres
By Zuhra Rafikova
There are no adjectives to describe the indiscriminate
killings which took place on September 16, 1982.
According to the Red Crescent Society, up to 2,000
men, women and children were atrociously killed
by the Phalangists. The Kahan Commission reported
that the Israeli Defence Forces occupying Beirut and
the Minister of Defence were responsible for the
massacres that took place in these camps.
The most blatant and repulsive of all was the mass
slaughter of the innocent refugees, including women
and children that were largely ignored by the
mainstream media, especially in European countries.
An American journalist, Janet Stevens, who was
among the first to visit both camps wrote in her
testimony:
…I saw dead women in their houses with
their skirts up to their waists and their legs
spread apart; dozens of young men shot after
being lined up against the wall; children with
their throats slit, a pregnant woman with her
stomach chopped open, her eyes still wide
open, her blackened face silently screaming
in horrors; countless babies and toddlers who
had been stabbed or ripped apart and who had
been thrown into garbage piles.
The Sabra and Shatilla massacres were some of the
most unforgivable crimes against humanity which
took place in the 20th century despite the many
democratic values and human rights declarations
overwhelmingly advocated by the leaders of that
part of the hemisphere. However, until now, none of
the perpetrators of the massacres have been tried or
charged for their sordid crimes. A researcher, Linda
A. Malone questions whether there was any justice
for Palestinian, Lebanese and other victims of the
massacres. Can the world community justly condemn
and punish the perpetrators of the massacres? Could
45
international law or any other international jurisdiction
impose responsibility on the criminals? Theoretically
the answer should be, “Yes.” But for all practical
purposes the answer seems more negative than
anything else.
The world should not forget such grievous periods
that overshadowed the history of humanity and stay
indifferent towards such atrocities. No criminal should
be allowed to avoid justice. Such war crimes should
not be forgotten so that generations to come will never
repeat these heinous deeds, and learn from them.
BOSNIAN CHILDREN ON THE HORRORS OF WAR
EXCERPT FROM ZLATA’S DIARY:
a child’s life
in wartime
sarajevo.
APRIL 20, 1992
DEAR MIMMY,
War is no joke, it seems. It destroys, kills, burns,
separates, brings unhappiness. Terrible shells fell
today on Bascarsija, the old town center. Terrible
explosions. We went down into the cellar, the cold,
dark, revolting cellar. And ours isn’t even all that safe.
Mommy, Daddy, and I just stood there, holding on
to each other in a corner that looked safe. Standing
there in the dark, in the warmth of my parents’ arms, I
thought about leaving Sarajevo. Everybody is thinking
about it, and so am I.
I couldn’t bear to go alone, to leave behind Mommy
and Daddy, Grandma and Granddad. And going with
just Mommy isn’t any good either. The best would be for all three of us to go. But Daddy
can’t? So I’ve decided we should stay here together.
Tomorrow I’ll tell Keka that you have to be brave and
stay with those you love and those who love you.
MAY 5, 1992
DEAR MIMMY,
The shooting seems to be dying down. I guess they’ve
caused enough misery, although I don’t know why. It
has something to do with politics. I just hope the “kids”
come to some agreement. Oh, if only they would, so
we could live and breathe as human beings again... I
want it to stop for ever. PEACE! PEACE!
VIETNAMESE CHILDREN ON THE HORRORS OF WAR
On June 8, 1972, South Vietnamese planes dropped a
napalm bomb on Trang Bang, which had been attacked
and occupied by North Vietnamese forces.
The Vietnamese-born peace activist Kim Phuc Phan
Thi is the living symbol of the suffering of innocent war
victims. Her image of being burned by napalm during
the Vietnam War raised worldwide awareness of the
horrors of the War and made her the bearer of the
message of forgiveness, reconciliation and tolerance.
The girl depicted in the picture is Kim Phuc on June 8,
1972: Kim Phuc, center running down a road nude near
Trang Bang after a South Vietnamese Air Force napalm
attack.
In a commemorative ceremony for the Vietnam War,
in Washington, as she was delivering a speech, she
publicly pardoned the person who had launched the
napalm bombing of her village in Vietnam.
Kim Phuc Phan Thi was designated UNESCO Goodwill
Ambassador in 1994. Ever since, she has dedicated
her life to promoting peace, and to this end she
founded the Kim Foundation International. This
foundation helps children who are victims of war by
providing medical and psychological support in order
that they overcome their traumatic experiences.
Kim Phuc said in London:
“I see the picture and the documentary (referring to a
film that was made about her life in 1997). That makes
me remember all the time. I saw the airplane. I saw
the fire. I got burned. I was so scared and crying and
running out of the fire.”
Kim Phuc added later:
“Panicking under the fire I suddenly realised that my
feet had not been burned. At least I could run away. If
my feet wound have been burned I would have died in
the fire.”
Kim Phuc does not try to avoid memories. She wants
to see the photograph exposed to future generations.
“Let the world see how horrible wars can be”, Tom
Buerkle of the IHT quotes her.
47
JEWISH CHILDREN ON THE HORRORS OF WAR
anne frank’s diary
The timeline of Anne’s diary refers to the
period from June 12, 1942 to August 1,
1944.
After May 1940 the good times were few and
far between: first there was the war, then the
capitulation and then the arrival of the Germans,
which is when the trouble started for the Jews.
Our freedom was severely restricted by a series of
anti-Jewish decrees: Jews were required to wear
a yellow star; Jews were required to turn in their
bicycles; Jews were forbidden to use street-cars;
Jews were forbidden to ride in cars, even their own;
Jews were required to do their shopping between
3 and 5 P.M.; Jews were required to frequent only
Jewish-owned barbershops and beauty parlors; Jews
were forbidden to be out on the streets between
8 P.M. and 6 A.M.; Jews were forbidden to attend
theaters, movies or any other forms of entertainment;
Jews were forbidden to use swimming pools, tennis
courts, hockey fields or any other athletic fields; Jews
were forbidden to go rowing; Jews were forbidden
to take part in any athletic activity in public; Jews
were forbidden to sit in their gardens or those of
their friends after 8 P.M.; Jews were forbidden to
visit Christians in their homes; Jews were required to
attend Jewish schools, etc. You couldn’t do this and
you couldn’t do that, but life went on. Jacque always
said to me, “I don’t dare do anything anymore, ‘cause
I’m afraid it’s not allowed.”
Children Of Gaza Reliving
The Horrors Of War In Their
Artwork
Children should be painting pictures of life…. not
war and death, but the children of Gaza are still
reliving the horrors of the Israeli blitzkrieg.
These children are talented, but their memories and
nightmares have taken over their creativity.
The pictures retrieved from: http://electronicintifada.net/content/gazachildrens-images-war-censored-under-pressure-us-israel-lobby/10373
49
Images taken by Ayman Quader
Children Of Gaza Reliving The Horrors
Of War In Their Artwork
51
53
*Note: A Bay Area children’s museum shut down a planned exhibition of Gaza children’s drawings
KLFCW CONFERENCE ON
WAR-AFFECTED CHILDREN
On the morning of 22 November 2012, the Kuala Lumpur Foundation to Criminalise War (KLFCW)
organised the INTERNATIONAL CONFERENCE ON WAR-AFFECTED CHILDREN, where invited
speakers from within Malaysia and abroad spoke strongly on various critical issues in regard to the
impact of war on children.
Under the theme of “Criminalising War and Protecting Children”, the Chairman and Founder
of KLFCW, Tun Dr. Mahathir Mohamad, delivered a Keynote Address where he emphasised the
criminality and futility of war as a means of resolving conflicts. He stressed that today’s children,
being the leaders in their own countries in the future, must be made to understand this and be urged
to join in and participate actively in the international community’s efforts in criminalizing war and
energising peace.
The other speakers at the Conference spoke on a wide range of topics as shown below –
• Prof Francis A. Boyle, professor of International Law at the University of Illinois, USA on “Legal
Protection of Children in Armed Conflict”
• Ms. Chea Leang, Co-Prosecutor of the ECCC/ Prosecutor General of the Supreme Court of
Cambodia on “Khmer Rouge: Atrocities Committed on Children
• Professor Paola Manduca, Geneticist, University of Genoa, on “What War Does To Children”
• Tun Dr. Siti Hasmah binti Mohd. Ali, Trustee of KLFCW, on “Children’s Charter to Criminalise War”
The Conference highlighted the fact that children have consistently become victims of war and
armed conflict, that 90 per cent of war’s victims are civilians, mainly children and women, that
almost one half of the world’s 21 million refugees are children, that some 300,000 children under
eighteen had been forcibly recruited as soldiers, more than 2 million children had been killed, 6
million had been injured, over 10 million had been traumatised and more than 1 million orphaned
in the 10 year period between 1986 and 1996 alone, that the number has increased over the years
since then, and that some 10,000 children had become victims of landmines each year.
The participants at the Conference were also reminded that war violates every right of a child –
the right to life, the right to be with family and community, the right to health, the right to the
development of the personality and the right to be nurtured and protected.
With the realisation that unless wars are criminalised, more children will continue to become victims
in the future, the participants at the Conference unanimously resolved that a “Children’s Charter to
Criminalise War” should be passed.
The Board of Trustees of KLFCW, guided by what had transpired at the Conference, immediately
established a Drafting Committee to work on a preliminary draft. The Drafting Committee had since
submitted its proposal and the document was finally approved by the Board of Trustees of KLFCW.
This draft Charter will be finally launched for signature by the Children of the World on the evening
of 22nd November 2012 by the Chairman and Founder of KLFCW, Tun Dr. Mahathir Mohamad at the
Putra World Trade Centre, Kuala Lumpur.
The Children’s Charter to Criminalise War reads as follows –
55
Children s Charter
to Criminalise War
We, the Children of the World,
Realising that war and armed conflict have constantly been used by states and
governments as instruments of foreign policy;
Acknowledging that wars have never been the best and just solutions to end
conflicts and disputes;
Recognising that children have consistently become victims of war and armed
conflict;
Recalling that 90 per cent of war’s victims are civilians, mainly children and women;
Recalling that almost one half of the world’s 21 million refugees are children;
Recalling that approximately 300,000 children under 18 years old have been forced
or induced to take up arms as child soldiers;
Recalling that between 1986 and 1996, armed conflicts killed 2 million children,
injured 6 million, traumatized over 10 million and left more than 1 million orphaned;
Realising that each year, between 8,000 and 10,000 children are victims of
landmines;
Fully conscious that war violates every right of a child – the right to life, the right to
be with family and community, the right to health, the right to the development of
the personality and the right to be nurtured and protected;
Concerned that unless wars are criminalized more children will become victims in
the future;
Mindful that the UN Convention on the Rights of the Child 1989 has recognized
that children deserve to be protected against harm under international law;
Recalling further that the Kuala Lumpur War Crimes Foundation (KLFCW) is
waging a noble effort to criminalise war and energise peace:
DO HEREBY RESOLVE AND DEMAND that –
Wars of aggression must be made a crime and all their perpetrators be
brought to justice;
States and governments must always protect children from becoming victims
of wars and armed conflicts;
Children must never be forced or induced to participate in any wars or armed
conflicts;
Children who are refugees in foreign countries or displaced within their own
countries must be given special care, aid and attention by the international
community;
Children in war zones, areas of conflict or disasters must be rescued and
given care and protection until peace and public order has been restored.
DONE at the city of Kuala Lumpur, Malaysia this twenty second day of November 2012
MARISA MOKHZANI
(MALAYSIA)
YEHBONNE BIEN
(SOUTH KOREA)
LEIGHIA JO-ANN STEPHEN
(UNITED KINGDOM)
NISHI AHMAD TAHER
(CANADA)
57
ULI CALDINA DE OLIVEIRA
(MOZAMBIQUE)
RUBY EASTHOPE-SWAN
(AUSTRALIA)
AISHATH ZAHANATH AFEEF
(MALDIVAS)
JEANNE LIN YAN LING
(CHINA)
AKASH MILAN AGNIHOTRI
(INDIA)
SAVIRA WINDYANI PUTRI
(INDONESIA)
ABDUL QADER AFIF AL GAILANI
(IRAQ)
MAMORU OSHIMA
(JAPAN)
NATASHA LAMA
(NEPAL)
GUIA ROSE NAVOA
(PHILIPPINES)
HAQEEM MOERTON
(USA)
AFNAN SALAHELDIN FARAJ
(PALESTINE)
LIZAMARIE SHENALI BERNADINE
GOONETILLEKE (SRI LANKA)
MD AMEER RUSYDI MD FARID
(SINGAPORE)
DAVID ALEJANDRO ESTRADA
ALVAREZ (ECUADOR)
PUTERI FATEH ARINA MERICAN
(MALAYSIA)
In the presence of
H.E. DATO’ SRI MOHAMMAD NAJIB ABDUL RAZAK
(PRIME MINISTER OF MALAYSIA)
H.E. TUN DR. MAHATHIR MOHAMAD
(KLFCW FOUNDER / CHAIRMAN)
DATIN PADUKA SRI ROSMAH MANSOR
( PATRON - PERMATApintar Programme )
H.E. TUN DR. SITI HASMAH MOHD ALI
(FOUNDER - CRIMINALISE WAR CLUB, MALAYSIAN CHAPTER )
THE HON’BLE DATO’ SERI UTAMA DR. RAIS YATIM
(MINISTER OF INFORMATION, COMMUNICATION & CULTURE)
DATIN SERI UTAMA MASNAH RAIS
59
ESSAY
WRITING
COMPETITION
All secondary and primary
school children are invited to
submit an essay, in their own
hand-writing, of between
450-500 words on the topic:
“ Why Wars Should Never Take Place”
Students are encouraged to give their own views, expressed in English, stating why they
are against wars. This competition is open to all primary and secondary students in the
country. They must be original . While students are encouraged to conduct their own
research, the final submission must not be “downloaded” from any search sites. The
essays must clearly show that each participant fully understands the subject and feels
from the heart the cruelty of war and destruction.
To ensure fairness, students will be classified by age groups: 10-12; 13-15; 16 and above.
Each category will have winners or essays that are selected for special mention. Prizes
and commendations will be given to selected winners.
For the primary level, the same topic will apply and the same rules will be used in
judging entries. Prizes will include book vouchers and comendations.
****************
Those who are creative will want to consider joining the “Drawing Competition” whereby the theme will again be “anti-war” but participants will be allowed to use their
imagination on subject matter and their choice of materials used: water colour, crayons,
or even oil.
Prizes for this section will also be vouchers and commendations. This competition is
open to both primary and seconadry students.
****************
Particpants for the above competitions must provide the following information:
•
•
•
•
NAME
NAME OF SCHOOL
STANDARD/FORM
AGE
All entries must be submitted before the 31th of December 2012 to
THE SECRETARY GENERAL
KUALA LUMPUR FOUNDATION TO CRIMINALISE WAR
2nd Floor, 88 Jalan Perdana, Taman Tasek Perdana, 50480 Kuala Lumpur
Selected winners will be notified via their schools.

Kuala Lumpur Foundation To Criminalise War

Transcription

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