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INTERNATIONAL ASSOCIATION OF DEMOCRATIC LAWYERS

In Consultative Status With ECOSOC, UNESCO and UNICEF

www.iadllaw.org VOL. VII NO. 2 FALL /WINTER 2003

INTERNATIONAL ASSOCIATION OF violence and suicide bombings and calls for the DEMOCRATIC LAWYERS DENOUNCES cessation of hostilities from all sides. Such acts THE ISRAELI GOVERNMENT’S RESOLVE have caused enormous loss of life, mostly of TO REMOVE PRESIDENT YASSER ARAFAT innocent civilians including women and children FROM PALESTINE and must stop immediately. IADL re-affirms its unqualified support of the The International Association of Democratic inalienable and legitimate right of the Palestinian Lawyers strongly condemns the decision of the people to a homeland and their right of self- Israeli government to "remove" President Yasser determination. Arafat from his home country of Palestine, in direct IADL calls upon all peace-loving people contravention of international law. Equally throughout the world to: condemnable are the declarations of the Israeli - Oppose Israel's continued occupation of the West Vice- Premier, Mr.Ehud Olmert, that " killing (him) Bank and Gaza; is definitely one of the options" and of Mr.Avi - Urge Israel to immediately lift all restrictions on Dichter, Chief of the Shin Bet, the domestic President Arafat, who has been held hostage by the security service, that "it would be better to kill Israeli Government for more than a year and a half; Arafat." Such calls are a clear violation of the rule and of law, which we, as lawyers, are firmly committed - Hold Israel accountable for its continued to uphold. President Arafat is the elected leader of violations of international law and the UN the Palestinian people and is the symbol of resolutions in respect to Palestine and the treatment Palestinian nationhood. of its people. Believing firmly that any attempt on the part of IADL further calls upon the United Nations, as the Israel to kill or forcibly remove President Yasser sole legitimate entity, to act as a mediator, with the Arafat from Palestinian territory will not only be assistance of the regional organizations, to resolve violative of international law, but would have the crisis in the Middle East and to restore peace disastrous consequences not only for Israel and and security Palestine but for the whole world. Recognizing that the Palestine leadership has committed itself unequivocally to all peace efforts Jitendra Sharma and more particularly to the recent President, IADL "Roadmap," IADL calls upon Israel to do so Issued at New Delhi on the 17th September 2003. without any conditions. Office of the President IADL unequivocally condemns the continued 17 Lawyers Chamber, military operations by Israel, the target killing of Supreme Court, Palestinian leaders and activists, all retaliatory New Delhi 110001[INDIA]

Office of IADL President, 17 Lawyers Chamber, Supreme Court New Delhi 110001, India, Tel: 91-111-649-1467/Fax: 91-111-649-4145 [email protected]

UN Security Council Resolution on Israel, against a Member of the United Nations, until the 17 September 2003 Security Council has taken measures necessary to Demanding the complete cessation of all acts of maintain international peace and security. violence; that Israel, the Occupying Power, desist Measures taken by Members in the exercise of this from deporting or threatening the safety of elected right of self-defense shall be immediately reported Palestinian Authority President Yasser Arafat; and to the Security Council and shall not in any way expressing support for the roadmap, was vetoed by affect the authority and responsibility of the the U.S. The vetoed resolution is appended. Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security”. UN General Assembly Resolution on Israel, 19 September 2003 Since Iraq has neither waged an act of war against In an Emergency Session, the General Assembly the USA, UK or any other state and since adopted a resolution, 133 to 4 (Israel, U.S., international peace and security was put at risk not Marshall Island, and Federated States of by Iraq but by the USA, the United Kingdom, and Micronesia) with 15 abstentions, demanding that other coalition partners the provisions for self- Israel not deport or threaten the safety of President defense were not met. Yasser Arafat. NOTING that the Bush administration claimed that weapons of mass destruction (WMD) developed by LENNOX S. HINDS, IADL VICE PRESIDENT Iraq may be handed over to Al Qaeda and be used AND PERMANENT REPRESENTATIVE TO for a terrorist attack on the US, and that a link THE UNITED NATIONS ISSUES DRAFT between the government of Saddam Hussein and Al CHARTER OF THE INTERNATIONAL Qaeda has not been proved and PEOPLES TRIBUNAL ON IRAQ FOR KNOWING THAT preemptive self-defense, REVIEW BY IADL BUREAU which involves the preventive use of force to a possible armed attack in the future, is not -PREAMBLE- recognized under modern international law. TAKING NOTE that the US cites, as a legal NOTING that on March 20, 2003 the U.S. and justification for the use of force, Security Council other “coalition forces” began their armed invasion Resolution 1441 of 8 November 2002, and of the Sovereign Nation of IRAQ without the Resolutions 678 and 687 dating back to the 1991 express authorization of the United Nations. Gulf War. RECOGNIZING that there was no legal MINDFUL that Resolution 678 was limited in its Justification for the US/UK led war under the U.N. scope, and authorized the use of force only to Charter or Security Council Resolution 1441. dislodge Iraq’s military from Kuwait and did not MINDFUL that under international law, Article 2 permit the use of force to rid Iraq of WMD, nor to Paragraph 4 of the UN Charter is clear: topple the regime of Saddam Hussein. In fact “All the Members shall refrain in their international paragraph 34 of this Resolution provided that the relations from the threat or use of force against the Security Council take such further steps as may be territorial integrity or political independence of any required for the implementation of the Resolution. state, or in any other manner inconsistent with the COGNIZANT that Resolution 1441does not Purposes of the United Nations”. provide automatic authorization for the use of force and clearly states in paragraph 12 that, even in the Article 51 spells out the right of nations to wage event of Iraqi non-cooperation with inspections, it is war in self-defense: “Nothing in the present Charter the responsibility of the Security Council to shall impair the inherent right of individual or consider the situation and the need for full collective self-defense if an armed attack occurs

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compliance with all of the relevant Council MINDFUL of the moral responsibility of every resolutions. member of the Global Civil Society and also the ACKNOWLEDGING that the opposition to common task for freedom and peace loving peoples Saddam Hussein’s rule does not support or justify of the world to restore justice for the victims of the U.S. and its coalition partners led invasion and crimes against peace, crimes against humanity and occupation of the Sovereign state of IRAQ. war crimes. ALARMED that the U.S. and its coalition partners DETERMINED to restore the rule or law and to ordered the destruction of facilities essential to end the practice of impunity for such crimes civilian life and economic productivity throughout committed by Political Leaders who believe that Iraq. Among the facilities targeted and destroyed they are beyond the reach of the law. were:  electric power generation, relay and The International Association of Democratic transmission facilities; Lawyers joins the International Organizing  water treatment, pumping and distribution committee, composed of eminent scholars and systems and reservoirs; human rights activists from around the world in  telephone and radio exchanges, relay adopting the Charter of the International Peoples stations, towers and transmission facilities; Tribunal for Iraq.  food processing, storage and distribution facilities and markets, infant milk formula COMPETENCE OF THE TRIBUNAL and beverage plants, animal vaccination ARTICLE 1. facilities and irrigation sites; The International Peoples Tribunal on Iraq (“the  railroad transportation facilities, bus depots, Tribunal”) is hereby established. It shall have bridges, highway overpasses, highways, power to exercise jurisdiction over individuals and highway repair stations, trains, buses and states, pursuant to the provisions of this Charter. It other public transportation vehicles, shall conduct public hearings on such dates and commercial and private vehicles; locations, and addressing specific issues, as  oil wells and pumps, pipelines, refineries, oil determined by the International Organizing storage tanks, gasoline filling stations and Committee. fuel delivery tank cars and trucks, and ARTICLE 2. CONSPIRACY kerosene storage tanks; The Tribunal shall have the power to prosecute responsible governmental officials and others who  sewage treatment and disposal systems; reached agreements and participated in the  factories engaged in civilian production, formulation of the common plan to wage a e.g., textile and automobile assembly; and war of aggression against the sovereign state of historical makers and ancient sites.  Iraq. MINDFUL that the United States and its Coalition ARTICLE 3. CRIMES AGAINST PEACE partners used prohibited weapons capable of mass The Tribunal is empowered to prosecute those destruction and inflicting indiscriminate death and government officials engaged in: unnecessary suffering against both military and a) The commission of acts of aggression civilian targets. against the sovereign state of Iraq by the use CONVINCED that President Bush, Prime Minister of armed force against the sovereignty, Blair and others must be held individually territorial integrity and political accountable for their Conspiracy, Crimes against independence of Iraq in violation of the Peace, War Crimes, Crimes Against Humanity and Charter of the United Nations; grave breaches of international humanitarian law, in b) The invasion and attack of the territory of contravention of the U.N. Charter, the Charter of Iraq and the subsequent military occupation the International Military Tribunal at Nuremberg, resulting from such invasion and attack; in U.N. G.A. Resolution 3314 (19740, the Geneva violation of the Charter of the United Conventions of 1949 and its Protocols of 1977 and Nations; other international legal precedents; and

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c) Bombardment by the armed forces without accordance with the Charter of the legal justification of the territory of Iraq; United Nations, as long as they are d) The allowing by third party states of their entitled to the protection given to territory to be placed at the disposal of the civilians or civilian objects under the US, UK and its coalition partners for the international law of armed conflict; perpetration of acts of aggression against (d) Intentionally launching an attack in the Iraq. knowledge that such attack will cause ARTICLE 4. WAR CRIMES incidental loss of life or injury to 1. The International Tribunal shall have the power civilians or damage to civilian objects or to prosecute persons committing or ordering to widespread, long-term and severe be committed grave breaches of the Geneva damage to the natural environment Conventions of 12 August 1949, namely the which would be clearly excessive in following acts against persons or property relation to the concrete and direct overall protected under the provisions of the relevant military advantage anticipated; Geneva Convention: (e) Attacking or bombarding, by whatever (a) willful killing; means, towns, villages, dwellings or (b) torture or inhuman treatment, including buildings which are undefended and biological experiments; which are not military objectives; (c) willfully causing great suffering or serious (f) Killing or wounding a combatant who, injury to body or health; having laid down his arms or having no (d) extensive destruction and appropriation of longer means of defense, has property, not justified by military surrendered at discretion; necessity and carried out unlawfully and (g) Making improper use of a flag of truce, wantonly; of the flag or of the military insignia and (e) compelling a prisoner of war or a civilian uniform of the enemy or of the United to serve in the forces of a hostile power; Nations, as well as of the distinctive (f) willfully depriving a prisoner of war or a emblems of the Geneva Conventions, civilian of the rights of fair and regular resulting in death or serious personal trial; injury; (g) unlawful deportation or transfer or (h) The transfer, directly or indirectly, by unlawful confinement of a civilian; the Occupying Power of parts of its own (h) taking civilians as hostages. civilian population into the territory it 2. The International Tribunal shall have the power occupies, or the deportation or transfer to prosecute persons committing or ordering to be of all or parts of the population of the committed other serious violations of the laws and occupied territory within or outside this customs applicable in international armed conflict, territory; within the established framework of international (i) Intentionally directing attacks against law, namely, any of the following acts: buildings dedicated to religion, (a) International directing attacks against the education, art, science or charitable civilian population as such or against purposes, historic monuments, hospitals individual civilians not taking direct and places where the sick and wounded part in hostilities; are collected, provided they are not (b) Intentionally directing attacks against military objectives; civilian objects, that is, objects which are (j) Subjecting persons who are in the power not military objectives; of an adverse party to physical (c) Intentionally directing attacks against mutilation or to medical or scientific personnel, installations, material, units or experiments of any kind which are vehicles involved in a humanitarian neither justified by the medical, dental or assistance or peacekeeping mission in hospital treatment of the person

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concerned nor carried out in his or her (b) extermination; interest, and which cause death to or (c) enslavement seriously endanger the health of such (d) deportation; person or persons; (e) imprisonment; (k) Killing or wounding treacherously (f) torture; individuals belonging to the hostile (g) rape; nation or army; (h) persecutions on political, racial and (l) Destroying or seizing the enemy’s religious grounds; property unless such destruction or ARTICLE 6. INDIVIDUAL CRIMINAL seizure be imperatively demanded by the RESPONSIBILITY necessities of war; 1. A person who planned, instigated, ordered (m) Pillaging a town or place, even when committed or otherwise aided and abetted in taken by assault; the planning, preparation or execution of a (n) Employing poison or poisoned weapons; crime referred to Articles 2,3,4, and 5 of the (o) Employing asphyxiating, poisonous or present Charter, shall be individually held other gases, and all analogous liquids, responsible for the crime. Those who have materials or devices; concealed the crimes in Articles 2,3,4 and 5 (p) Employing weapons, projectiles and shall be individually held responsible. material and methods of warfare which 2. The fact that such a crime referred to in are of a nature to cause superfluous Article 2,3,4 and 5 of the present Charter injury or unnecessary suffering or which was committed by a subordinate does not are inherently indiscriminate in violation relieve his superior or military Commander of of the international law of armed criminal responsibility if that superior or conflict, provided that such weapons, commander knew, had reason to know, that projectiles and materials and methods of the subordinate was about to commit such warfare are the subject of comprehensive acts had done so and the superior failed to prohibition; take the necessary and reasonable measures (q) Committing outrages upon personal to prevent or repress their commission or dignity, in particular humiliating and submit the matter to the competent degrading treatment; authorities for investigation and prosecution. (r) Committing rape, sexual slavery, ARTICLE 7. STATE RESPONSIBILITY enforced prostitution, forced pregnancy, State responsibility arises from the following: enforce sterilization, or any form of (a) commission of crimes or acts as referred sexual violence also constituting a grave to in Articles 3,4 and 5 by military breach of the Geneva Conventions; and government officials and those 3. The International Tribunal may refer to the individuals acting in their official Protocol Additional to the Geneva capacity. Conventions of 12 August 1949, and relating (b) acts or omissions by a State such as to the Protection of Victims of International (i) concealment, denial or distortion of the Armed Conflicts, adopted on 8 June 1977 to facts or in any other manner by its clarify the definition of war crimes. negligence or failure to meet its ARTICLE 5. CRIMES AGAINST HUMANITY responsibility to find and disclose the The International Tribunal shall have the power truth concerning crimes referred to in to prosecute persons responsible for the following Article 2,3,4 and 5; crimes when committed as part of a widespread or (ii) failure to prosecute and punish those systematic attack directed against any civilian responsible for said crimes; population in armed conflict, whether international (iii) failure to provide reparations to those or internal in character; victimized; (a) murder;

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(iv) failure to take measures to protect the proceedings, and have the right to be represented at integrity, well being and dignity of all relevant stages of the Tribunal. the human person; The accused may be represented by Counsel of (v) discrimination base on such ground as his/her/its choice, or the Tribunal may appoint gender, age, race, color, national, Counsel to represent and protect the interests of an ethnic or social origin or belief, health accused party, if deemed warranted by the status, sexual orientation, political circumstances. and other opinion, wealth, birth or any Accused parties shall have the right to be other status. informed in writing, of the findings of fact and ARTICLE 8. OFFICIAL CAPACITY AND conclusions of law upon which the Tribunal’s SUPERIOR ORDERS decision is based. 1. The official position of any accused The Tribunal reserves the right to try any and all person, whether as the Head of State or defendants in abstentia. Government, a military commander or ARTICLE 13. QUALIFICATIONS AND a responsible Government official, shall APPOINTMENT OF JUDGES AND not relieve such person of criminal PROSECUTORS responsibility, or mitigate punishment. The judges and the prosecutors shall be 2. The fact that the crimes are committed appointed by the International Organizing pursuant to an order of a superior or of a Committee among internationally renowned persons government, alone, shall not relieve a in the field human rights, taking due consideration person of criminal responsibility. of the following: ARTICLE 9. NON-APPLICABILITY OF THE (a) gender balance STATUTE OF LIMITATIONS (b) regional balance The crimes within the jurisdiction of the (c) contribution in advocacy, protection and Tribunal shall not be subject to any Statute of promotion of human rights. limitations. ARTICLE 14. RULES OF PROCEDURE AND ARTICLE 10. TERRITORIAL AND EVIDENCE TEMPORAL JURISDICTION The judges of the Tribunal shall decide matters The territorial jurisdiction of the International concerning the rules of procedure and evidence for Tribunal shall extend to the territory of Iraq, the conduct of the trial, the protection of victim and including its land surface, airspace and territorial witnesses and other appropriate matters of the waters. The temporal jurisdiction of the Tribunal as they deem necessary. The following International Tribunal shall extend from a period shall be admitted as evidence; beginning on September 2001 to the present. (a) documentation; written evidence ARTICLE 11. ORGANIZATION OF THE such as official documents; TRIBUNAL affidavits/depositions; signed The Tribunal shall consist of the following statements, diaries, letters/notes or organs: other documents, experts’ view (a) Judges; photos and other visual documents; (b) Prosecutors, and (b) personal evidence; written or oral (c) A Registry testimonies of survivors and witness ARTICLE 12. RIGHTS OF THE ACCUSED statements of expert witnesses; and All accused parties have the right to be informed (c) material evidence; other relevant of the complaints or claims brought against them, physical and material evidence. and to appear before the Tribunal or be heard in ARTICLE 15. THE REGISTRY another manner and present a defense to these The International Organizing Committee shall charges. Even if the accused refuses to recognize establish a Registry to the Tribunal. the competence of the Tribunal, such persons or The Registry shall be responsible for the parties may participate at any point in the administration and servicing of the Tribunal.

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ARTICLE 16. PROSECUTORS: fully with the Tribunal in the investigation, INVESTIGATION AND INDICTMENTS prosecution of persons and states responsible for 1. The Prosecutors shall be responsible for the acts referred to in Article 2,3,4 and 5, of the investigation and prosecution of the crimes present Charter. referred to in Articles 2,3,4 and 5 of the present 2. The Tribunal may ask every individual, non- Charter, taking into account gender and cultural governmental organization, Government, issues and the trauma faced by the victimized. intergovernmental organization, United Nations 2. The Prosecutors shall initiate investigations organ and any other international body to respect on the basis of information received from any request for assistance or a judgment issued individuals, survivors, non-governmental by the Tribunal, including, but not limited to: organizations, or commission of inquiry and (a) The identification and whereabouts of shall have the power to question suspects, those persons or the location of items; victimized and witnesses, to collect evidence and (b) The taking of testimony and the to conduct on-site investigations in order to production of evidence; establish the truth. (c) The voluntary appearance of persons as 3. The Prosecutors shall submit indictments to victimized, as witnesses or as experts the Tribunal if, upon investigation, there is a before the Tribunal; reasonable basis for a prosecution. (d) The examination of places or sites; ARTICLE 17. TRIAL PROCEEDINGS (e) The provision of relevant information, 1. The Tribunal shall read the indictments from records and documents, official or the prosecutors at the commencement of the otherwise, and the full opening or trial, and shall ensure a fair and expeditious trial. wartime archives; 2. The hearings shall be held in public. (f) The protection of those victimized and ARTICLE 18. JUDGEMENTS witnesses and the preservation of 1. The judgment shall be delivered in public and evidence; rendered by a majority of judges of the Tribunal. (g) Facilitating or conducting the The judges may issue a separate opinion, investigation and prosecution of the concurring or dissenting opinions to the persons responsible for the crimes in judgment. compliance with its respective 2. The judgment shall state clearly whether the international obligations; accused has been found guilty or not guilty of (h) The provision of reparation including the alleged crime and the reasons for the apology, compensation and particular judgment. Rehabilitation in compliance with its 3. The judgment may include recommendations respective international obligations, to a person or State held responsible to offer and redress to those victimized, including apology, (i) Any other type of assistance with a restitution, compensation and rehabilitation. view to facilitating the objectives of; 4. Copies of the judgment shall be sent to the ARTICLE 20. SEAT OF INTERNATIONAL survivors, the accused or their attorneys, and PEOPLE’S TRIBUNAL international agencies including the Secretary 1. The tribunal will conduct 3 regional General of the United Nations, United Nations hearings with the participation of judges and High Commission Human Rights, and shall be prosecutors from those regions and others widely distributed throughout the world as designated by the International Organizing historical documents. Committee who are able to participate. ARTICLE 19. COOPERATION These hearings will be conducted in; 1. The Tribunal may ask every individual, non- New York March 2004 governmental organization, Government, Brussels April 2004 intergovernmental organization, United Nations Hiroshima April 2004 organs and International bodies to cooperate

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2. The final sitting of the full Tribunal will be The war in Iraq is still being waged, because of in Istanbul May 2004. U.S. immorality. The citizens of Iraq are sacrificed ARTICLE 21. FUNDING in the struggle for supremacy over petroleum and Under no circumstances shall funds be power in the Middle East. Mr. Bush declared the accepted from governmental bodies, although end of the war on May 1st, but since then death and non-governmental organizations that agree injury have increased throughout the Middle East. with the principles and Charter of the Anti-U.S. sentiment is spreading among the people Tribunal will be encouraged to contribute in Iraq and Islamic people everywhere. The Islamic personnel and/or funds to the Tribunal for its resistance continues its vicious circle, with expenses. terrorism and retaliatory attacks toward U.S. forces. The international dispatching of forces to Iraq will strengthen the US policy of invasion. Countries KOREAN-JAPANESE PEOPLE’S dispatching forces to Iraq will become enemies and STATEMENT AGAINST US REQUIREMENT aggressors, a threat to the Islamic people. We FOR SENDING TROOPS TO IRAQ peace-loving people from Korea and Japan declare 25 OCTOBER 2003 that we will never support the dispatching of forces to Iraq. We want to keep peace in East Asia and the Peace groups from Korea and Japan, in world. We peace-loving people from Korea and response to President George W. Bush’s call for Japan know that dispatching forces to Iraq will the international dispatching of forces to Iraq bring more fighting and more tragedy to Iraq. have petitioned their governments to withdraw To end the war in Iraq, U.S. forces must the decision to dispatch forces to Iraq. withdraw, and the US should not organize a multi- Peace lovers around the world fought against national force in Iraq. It must recognize the war in Iraq. However, the US government headed sovereign rights of the Iraqi people, and respect by Mr. Bush brought about this war of aggression in their declaration that they do not want to be Iraq. Furthermore, the US is now requesting nations occupied. worldwide, such as Korea and Japan, to dispatch The governments of Korea and Japan must never forces to Iraq. Its request for dispatching forces to act as the US has acted, as aggressors, and must Iraq is an expression of unilateral doctrine and never bring disgrace to their respective nations and violence, as well as an attempt to shift responsibility their people by dispatching forces to Iraq. The for the war onto the international community, when people of Korea and Japan declare that they will not in actuality, the war occurred for the sole economic provide financial support, much less sacrifice life to benefit of the United States. pay for this war of aggression. The whole world thinks that the war in Iraq, We ask the governments of Korea and Japan to started by the U.S. is the one of the most immoral in reject the US request for dispatching of forces to world history, an obvious war of aggression. It was Iraq, to withdraw the decision to dispatch forces to made possible through lies and hypocrisy, Iraq and to take steps towards a peaceful dogmatism and supremacy. The weapons of mass international society. Furthermore we reject the destruction were not, after all, found in Iraq, and the militarization of Japan under the aegis of US war U.S. insinuation that Saddam Hussein was some policy. how linked to the 9/11 bombing of the World Trade We emphasize that we reject the dispatching of Center was an outright lie. The U.S. justification for forces to Iraq for the sake of peace on the Korean war in Iraq was fraudulent, and the war is revealed Peninsula, on which there is much potential for war. to be a unilateral war of aggression for the sole Korea and Japan should not bring war to East Asia benefit of the U.S. The world defines the U.S. as the by dispatching their forces to Iraq. They should act enemy of peace because it destroyed the 21st instead to keep peace century chance for world peace and friendship. The in East Asia. U.S. could have chosen peace, but it chose war We peace-loving people from Korea and Japan instead. will do our best to resist US policy regarding war,

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and to resist US pressure to dispatch our forces to Committee. Ms. Silvia Teneva, who presented a Iraq. We the people of Korea and Japan will paper in Sofia, was part of that delegation, and we continue to earn the confidence of the people of the met with her. It was clear that the sanctions issue world through truth, under peace and friendship. has been repeatedly addressed in the Sixth The Korean-Japanese Peoples Demands: Committee and a number of countries there are . The US must withdraw forces from Iraq. affected by sanctions. . The Governments of Korea and Japan must In February 2002, IADL also met with Mr. Marc withdraw the decision to dispatch forces to Dorel, a lawyer in the ECOSOC office in New Iraq. York, to seek his advice about ECOSOC channels. . The US should stop their unjust He informed us that no Sanctions Committee pressuring of other countries to dispatch existed in ECOCOC, and suggested that the proper forces, but should provide support to Iraq forum in which to address the issue would be the through the international community. Human Rights Committee in ECOSOC. He also suggested informally approaching the Third and Sixth Committees. REPORT ON SOFIA RESOLUTION, In late February 2002, Lennox Hinds wrote to Submitted by Professor Lennox S. Hinds, IADL Mme Bridel, and requested an update on the HRC. Vice-President and Permanent Representative to PROPOSALS: Based on our preliminary work, the U.N. we concluded that the Sixth Committee in New York (rather than ECOSOC in NY) is the The IADL Resolution, adopted the Seminar and appropriate forum in which to continue work. The Bureau Meeting in May 2001, proposes setting up Committee meets between September and an adhoc expert group through ECOSOC on December. sanctions, and assessing effects of the sanctions Within this context, we propose 1) to target one regimes and working towards a framework for third or two countries for suggestions about how best party countries affected by sancions, pursuant to IADL can contribute to the extensive work which Article 50. has been done, and is ongoing in reference to In July 2001, Permanent Representative Lennox sanctions. To implement this, Lennox Hinds has Hinds requested suggestions from IADL's Geneva requested a meeting with the Ambassador of Cuba, Representative, Mme Bridel, in reference to H.E. Mr. Bruno Rodriguez Parrilla of Cuba, and the distribution of the Resolution within ECOSOC, and Ambassador of South Africa, H.E. Dumisani requested that she present the resolution as an oral Kumalo. The purpose of the meeting is to offer submission at the Sub-Commission on Human IADL's legal assistance in this area, and to seek Rights in August 2001. Mme. Bridel responded that advice in identifying other countries which are she would present the resolution in August 2001. concerned about the use of the embargo. In addition, at that time, we also sought advice In addition, we propose that 2) Mr. Raymond from Mr. Frances Vendrell, Department of Political Merta, the new Alternate Delegate in Geneva, be Affairs, in New York in reference to how best to asked to follow-up on Mme Bridel's prior initiatives proceed. Unfortunately, Mr. Vendrell was with ECOSOC, and that 3) copies of the resolution unavailable in New York. be distributed to key members of the Sixth In February 2002, IADL met with Mr. Committee. Chimimba, Office of Legal Affairs (New York) to discuss the IADL Seminar and Resolution, and to seek his advice about how to pursue options within the U.N. At his suggestion, IADL attended the Sixth Committee (Legal) of the U.N. in March 2002, and distributed a few copies of the resolution. We made it a specific point to speak with the Bulgarian delegation in the Sixth

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THE INTERNATIONAL ASSOCIATION OF the economic survival of the people of these DEMOCRATIC LAWYERS INITIATES developing nations suffering from the legacies of CAMPAIGN ON THE PROBLEM OF WORLD colonialism and imperialism resulted in the DEBT deprivation of the most primary and essential To initiate the IADL campaign on the human rights of these nations including education, problem of world debt being spearheaded by healthcare, minimum nutrition and economic IADL Bureau Member Fabio Marcelli; on development in violation of international law. October 30, 2003 IADL Vice President Lennox S. Therefore, the Bureau and members of Hinds sent communications requesting the International Association of Democratic Lawyers assistance of UN Ambassadors Dumisani have committed themselves to support a worldwide Kumalo (South Africa) and Bruno Rodriguez campaign to urge the General Assembly to adopt a Parrilla (Cuba) in presenting this issue and resolution calling for a Consultative Opinion from IADL’s campaign to the General Assembly. The the ICJ on the legality of world debt. The proposed correspondence sent to the Ambassadors resolution from the General Assembly might be detailing IADL’s position follows. drafted in the following terms:

Dear Ambassador Rodriguez Parrilla /Ambassador We the undersigned members of the General Kumalo: Assembly of the United Nations seek a consultative opinion on the legality of foreign debt under all The International Association of Democratic treaties and contracts from IFI which have Lawyers (IADL) is seeking an opportunity for Mr. generated the debt. Fabio Marcelli to meet with you on Friday, October 31, 2003. He is the distinguished President of the Considering the imposed rates of interest non- Association of Democratic Lawyers in Italy and an negotiable and conditions imposed upon debtor IADL member. He has come to New York to nations; discuss IADL’s resolve to initiate a worldwide Mindful that the imposition of this debt upon campaign on the profoundly negative impact of developing nations lacked the requisite foreign debt upon developing countries and to voluntariness upon which all legally enforceable encourage the General Assembly to seek a contract law is premised; consultative opinion from the International Court of Concerned that the human and economic needs Justice on the legality of the debt under of the people of these indebted nations are being international law for the reasons discussed in this violated each day that the terms of this illegal correspondence. indebtedness is enforced. The foreign debt now pressing upon all Anxious to safeguard the sovereignty and self- developing nation-states is depriving each nation’s determination of all debtor nations and; peoples of their unalienable rights under Committed to ensuring that IFI are required to international law to sovereignty and self- respect and implement international law in all its determination, while its’ disproportionate impact aspects including human rights jurisprudence. upon the poor deepens the ever widening gap Therefore, we members of the General among the rich and poor of each society. Assembly agree to seek an Advisory Opinion from The significant legal bases for the lawyer and the International Court of Justice as soon as feasible jurist members of IADL to have determined that the as an essential step in securing economic justice in ICJ could find that all treaties and contracts that the world and ensuring that all world economic generate these foreign debts are void and agencies submit to the rule of law. unenforceable both under customary contract law Your Excellency, we look forward to the and international law is because when their terms opportunity to discussing the resolution with you were imposed by these nation’s creditors and the and to seek your assistance in obtaining support International Financial Institutions (IFI) the from other member nations of the General unconditional terms demanded as a condition for

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Assembly. Please do not hesitate to contact me on publicized in the country. At both the Victorious this or any other matter. Fatherland Liberation War Museum in Pyongyang, and at the Sinchon Museum, large photographs depict the Report and its Findings, and museum IADL CO-SPONSORS INTERNATIONAL guides talk about the Report. CONFERENCE ON PEACE ON THE The tasks of the IADL Mission in 2003, KOREAN PENINSULA AND PLAYS A however, differed from those of the 1952 LEADING ROLE IN PYONGYANG Commission. While there was no need to "re- INTERNATIONAL TRIBUNAL, JULY 2003 document" U.S. war crimes during the Korean War, there was a need to record the continuing crimes Background and Mandate against peace over the last half century, which have In September 1951, following the IADL culminated in the current crisis on the Korean Congress in Berlin in 1952, the IADL Council peninsula. But historical continuity was organized a Commission to investigate the emphasized as we heard testimony in 2003 from allegations of U.S. war crimes in Korea. The IADL one woman, Choi Gi Ok, now seventy-six years old, Commission, which included jurists from eight who had been interviewed in 1952. countries, spent seventeen days in Korea and IADL President Jitendra Sharma was asked to interviewed more than one hundred witnesses. In serve as Conference Chairperson, and as the Chief addition, the Commission drew upon the 1951 Judge of the Pyongyang International Tribunal. report of the Women's International Democratic Beth Lyons served as Chief Prosecutor. Mr. Federation. Hussein Mujalli, the President of the Jordanian Bar At the May 2002 meeting in London, the IADL Association and Deputy Secretary General, Arab Bureau accepted the invitation from the Korean Lawyers Union, served as the Officer of the Democratic Lawyers Association (KDLA) to update Tribunal. IADL's 1952 Report on US War Crimes with the International Conference for Peace on the 50th Anniversary of the Commission. At the May Korean Peninsula 2003 meeting in Marseille, the Bureau re-affirmed The International Conference for Peace on the the proposal to send a Mission to update the Report; Korean Peninsula, scheduled to coincide with the agreed to co-sponsor the International Conference 50th anniversary of the DPRK-US Armistice for Peace on the Korean Peninsula in Pyongyang, agreement, was a major national event. The 22-29 July 2003; and resolved to sponsor and offer Opening and Closing Sessions, held at the People's logistical assistance to the Korea Truth Commission Palace of Culture, and chaired by IADL President at the meeting of the Sub-Commission on the Jitendra Sharma, were attended by several hundred Promotion and Protection of Human Rights in people, including diplomatic representatives of the Geneva in July-August 2003. embassies of Cuba, Vietnam, Laos and Libya and In July 2003, the IADL Delegation was headed Yang Hyong Sop, Vice-President of the Presidium by President Jitendra Sharma and includes Alternate of the DPRK Supreme People's Assembly, Mun Jae Representative to the U.N. Beth Lyons traveled to Chol, Acting Chairman, Korean Committee for Pyongyang DPRIC. Cultural Relations with Foreign Countries, and IADL'S Role Chairman, Korean Committee for Solidarity with IADL’s 1952 Report, and the reports of the the World's People, a delegation from the Korean Women's International Democratic Federation Democratic Lawyers Association, the Korean (1951) and the International Scientific Commission National Peace Committee, the Korean Afro-Asia on Biological Warfare in Korea and China (1952) Solidarity Committee and others. The Keynote attest to the significance and importance of fact- Report was given by Rashed Khan Menon, finding missions, both internationally and Chairman, Central Committee of the Workers Party nationally. of Bangladesh. IADL's 1952 Mission has been memorialized in The Conference program focused on US war the historical records of the DPRK, and is well crimes during the Korean War, the re-building of

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North Korea and the continuing crimes against fifty-two days in 1950, and from other victims who peace committed by the US in the last half-century. spoke at museums. At Sinchon, Kim Yun Mun and Most of the activities highlighted the role of the Kim Myung Kum, testified about how women were U.S. as the obstacle to peaceful resolution, and the forcibly separated from their children. leadership of Kim Il Sung in the defeat of U.S. Chief Judge Jitendra Sharma headed a team of imperialism. We visited Sinchon County to hear judges which included Athanasios Pafiis, Executive testimony, and visited the historical edifices and Secretary, World Peace Council; Miguel Madeira, monuments to Kim Il Sung and Kim Jong Il. President, World Federation of Democratic Youth; Pyongyang International Tribunal, 23-25 July Marcia de Campos Pereira, President, Women's 2003. International Democratic Federation; Paulette The centerpiece of the Conference was the Pierson-Mathy, Honorary Chairperson, convening of the Pyongyang International International Liaison Committee for the Tribunal. The Indictment alleges that the U.S., Reunification and Peace in Korea; Valentin Pacho, during the Korean War and continues to the present, Deputy Secretary General, World Federation of committed war crimes, crimes against humanity and Trade Unions; and Noury Abdel Razak Hussein crimes against peace and other crimes against the Elkarm, General Secretary, Afro Asian Peoples Korean people, in violation of the U.N. Charter, the Solidarity Organization. Charter of the International Military Tribunal at Chief Prosecutor Beth Lyons headed a team Nuremberg, The Hague and Geneva Conventions, which included George Katsiaficas, President, and other international instruments. The Tribunal’s Peace Island Foundation (U.S.); Lorne Gershuny, decision, finding the United States guilty, orders the Peoples' Front, Canada; Im Wan Sik, Vice U.S. to make an official apology; compensate the Chairman, KDLA; Alejandro Cao de Benos, victims; investigate and prosecute those who are Chairman, Spain Association for the Friendship responsible; cease hostile policies towards the with Korea; and Aleksandr Brezhnev, East DPRK; withdraw its troops and nuclear weapons European Regional Group for Probing the Truth from the southern part of Korea; end its coercive about GI's Atrocities. measures; refrain from interfering in the internal Mr. Hussein Mujalli, the Officer of the Tribunal, affairs of Korea, contrary to the will of the Korean who opened and closed the proceedings, people for re-unification and peace. emphasized the role of state terrorism in Iraq, The heart of the Tribunal was the evidence Palestine, Sudan and Korea. which included riveting testimony of survivors who There were three final documents of the had endured unspeakable crimes at the hands of the Conference: Letters to the U.S. Congress, to U.N. U.S. Military during civilian massacres between Secretary General Kofi Annan and an Appeal to the 1950 and 1953. Evidence included testimony from World's Peace-Loving People. survivors, Ms. Song Gi Suk, who had lost both her Conference Participants legs; Ms. Hong Un Nyon, who had lost both eyes; Invited international conference participants and Ms. Li Ok Hui, who had lost both arms (at No included about sixty people, from twenty-five Gun Ri). Expert witnesses included Prof. O Il Son countries, representing all of the continents and on the Economic Blockade, Prof. Pak Yong Chol on many organizations. The debate at the Conference National Reunification; and Dr. Han Yong Sim, a reflected the different ideological orientations of the Member of the Korean Human Rights Institute. Mr. participants. There were essentially two views: one, Mori Masataka presented a report on the Japanese primarily emphasizing support for Korea's internal Army's use of germ warfare in Korea. The Tribunal policies, which was advocated mainly by was also addressed by the Vice-President of the organizations such as Korea friendship associations KDLA, and two conference delegates. and Juche study groups, and a second view, which The Tribunal took evidence at a site of one of the reflected a more internationalist perspective, and civilian massacres, Sinchon County, where 35,000 primarily emphasized the issues of re-unification, people out of a population of 140,000 in the county condemnation of the threats of war held out by were executed by the US military during a span of Bush Administration, withdrawal of US troops from

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South Korea and the issues of peace and security in Meeting with the KDLA President the Korean Peninsula . This latter view was After the Conference, Jitendra Sharma and Beth projected by the representatives of peace and Lyons, on behalf of IADL along with Hussein international solidarity organizations, Afro-Asian Mujalli of ALU, met with Mr. Ho, the President of People's Solidarity Organization, World Peace the KDLA, who is the Director of the Legislative Council, IADL, Jordanian Bar Association, and Department of the Supreme People's Assembly (a other international democratic organizations which ministerial-level position in the government). Mr. were present. Throughout, the IADL took a Ho praised the success of the Conference and forthright position from a broad international commended IADL on its role. His remarks perspective and received wide support at the highlighted the current economic situation, as well Conference. as the political conjuncture. Re-iterating that the Representatives of DPRK friendship situation on the Korean peninsula was tense, and associations, women's associations, and other mass worsened by the nuclear crisis precipitated by the organizations were present at the opening and US, he emphasized the need for nation building. He closing sessions of the Conference and were said that strengthening the economic situation was a observers at the Tribunal. Conference participants priority, and that the economic situation was were paired with Korean guides from similar improving, despite national disaster, collapse of the organizations (for example, IADL and ALU socialist market, and U.S. sanctions. He raised the representatives were paired with the Secretary of subject of the free trade zones (Kaesang) and the Korean Democratic Lawyers Association, who requested legal assistance in the area of economic also served tirelessly as our interpreter). development, trade regulations, etc. International Solidarity IADL Meeting with Other Groups The importance of the Conference and Tribunal During the Conference, IADL organized at this time, given the mounting aggression of the meetings with representatives of the World Peace U.S., was underscored by the sizeable commitment Council, the Women's International Democratic of resources which had been allocated for this Federation, Afro-Asian People's Solidarity Conference. Most participants, including IADL, Organization, World Federation of Democratic ALU, and others, expressed solidarity with Korea in Youth, and World Federation of Trade Unions. The an international context. representatives agreed to begin minimal co- During the Conference, an International ordination of activities, starting with sharing Solidarity Rally was held under the arch of two information of organizational activities, such as UN women, holding a map of a unified Korea. Koreans activities and other international campaigns. The from Pyongyang and nearby areas lined the entire representative from the World Peace Council was route of the rally, and cheered us on. Delegates requested to serve as a coordinator of the group. wore T-shirts with the slogan "For the Reunification Copies of the IADL Bulletin were given to and Peace of the Korean Peninsula" on the front, interested Conference participants. and a map of one Korea with the slogan, "Korea is Follow up work one," on the back. IADL President Jitendra Sharma Immediately following the Conference, the presented a plaque on behalf of the Conference, to IADL delegation in Geneva, through the efforts of be placed in the hollow of the arch’s base, with Ms. Yoomi Jeong, Secretary-General of the Korea plaques from organizations and individuals from Truth Commission, distributed the Pyongyang throughout the world. International Tribunal’s Indictment and Verdict to Other Conference Activities the U.N. Sub-commission, and requested that these After the Conference formally closed, we documents be made part of the official records. attended the 50th Anniversary Gala in Kim Il Sung In addition, IADL’s Permanent Representative to Square, the Schoolchildren's Palace and the the U.N. Lennox Hinds sent the communication Pyongyang Circus. These activities gave us a sense from the Conference to U.N. Secretary-General of the spirit of the Korean people. Kofi Annan, and the Tribune documents to the

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U.N., with copies to the DPRK Mission in New ADMINISTRATION OF JUSTICE, York. RULE OF LAW AND DEMOCRACY Conference and Tribunal Documents, including the Indictment and Verdict, are available upon Written statement submitted by the request to President Sharma. International Association of Democratic

Lawyers, a non-governmental organization in

special consultative status to the 55th Human IADL DELEGATION TO THE 55TH HUMAN Rights Commission RIGHTS COMMISSION, SUB-COMMISSION

ON THE PROMOTION AND PROTECTION The Secretary-General has received the following written OF HUMAN RIGHTS, GENEVA, AUGUST statement which is circulated in accordance with Economic 2003 and Social Council resolution 1996/31.

IADL sponsored a successful delegation to the 'Forgotten War', 'Forgotten Victims' and Human Rights Commission led by the Korea Truth 'Forgotten Crimes' US Military Massacre of Commission, of survivors of civilian massacres by Korean Civilians during the Korean War (1950- the US military in South Korea. They submitted 1953) oral and written statements to the Commission, and The International Association of Democratic sponsored a Korea Forum, entitled “Forgotten War, Lawyers (IADL), an organization in consultative Forgotten Victims, and Forgotten Crimes.” In status with ECOSOC, represented at UNESCO and addition, the delegation submitted the documents of UNICEF and with affiliates in over ninety-six the New York International War Crimes Tribunal countries along with The Korea Truth Commission (June 2001) and the Pyongyang International would like to draw your attention to the question of Tribunal (July 2003), for their inclusion in the the right to retribution, compensation and official record of the proceedings. IADL’s written rehabilitation for victims of grave violations of statement, “Forgotten War, Forgotten Victims, and human rights and fundamental freedoms. Forgotten Crimes” was officially circulated as a According to Encyclopedia Britannica's 1967 document of the proceedings. edition, 3 million people died during the Korean A full report of the delegation’s activities was War, a vast majority of them civilians. On June 13, prepared by Yoomi Jeong, Secretary-General of the 2000, The Washington Post reported that more than Korea Truth Commission, IADL’s written statement 2.5 million out of a total of 5 million casualties by the Secretary General follow and the U.N. and during the three-year war were civilians. CONGO press coverage on the activities of the July 27th of this year marked the 50th delegation. anniversary of the Korean armistice and yet the Vice-President and Permanent Representative to Korean War still remains the 'Forgotten War' to the U.N. Lennox S. Hinds organized support for the many people in South Korea and the United States. delegation, including assistance from IADL The suffering and pain of victims and their Permanent Representative Renee Bridel, who met families—the 'Forgotten Victims'—are unanswered with the delegation’s leadership, Yoomi Jeong and and unrecognized and the crimes that ranged from Ik Tae Kim, Legal Advisor, Korea Truth indiscriminate bombing and strafing of civilians, Commission after the May Bureau meeting. usage of weapons of mass destruction such as chemical and biological weapons remains as the 'Forgotten Crime'. One of the important factors that contribute to this unfortunate legacy of the Korean War is the fact that these crimes were committed by the US military, thus directly raising the U.S.'s responsibility and accountability to these war crimes.

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As a client government to the United States, commemorate the dead were pulled down. South Korean governments did not have power or Testimonies and records were destroyed. This brutal will to question the United State's responsibility on suppression sent a chilling message to those who this issue. Instead South Korean governments had dared to speak about U.S. war crimes. Those who been operating virtually under a state of occupation, spoke about U.S. war crimes were considered stipulated by the Status of Forces Agreement with communist sympathizers who were creating a social the U.S.-all the while in the presence of 37,000 U.S. disorder that would aid the North Korean troops and over several dozens of U.S. military communist regime. bases. Only the officially recognized version of the This de facto lopsidedness of South Korea-US Korean War was allowed under the South Korean relations severely undermined the national military dictatorships; anyone expressing otherwise sovereignty of South Korea and further was severely punished or executed. Such state compromised the rights of its people particularly of suppression, incarceration, threat and torture the victims of the US military massacres during the forcibly silenced the victims. Korean War. During and after the Korean War Holocaust, A series of South Korean civilian and military state-sponsored persecution against the 'reds' and dictatorships following the war systematically their families was so thoroughly executed and brutalized the people who were telling the truth, complete, it was not uncommon for families of accusing them of being communist sympathizers. these 'reds' to erase the 'subversive's' name from They feared this truth telling would expose the US family records and thus from their memory. With military's massacre of civilians. With anti- institutionalized social and political discrimination communism as a matter of top national policy, they against these families and against anyone who used the Anti-Communism Law and later the raised the voice about the US war crimes people fell National Security Law in the ideological witch hunt to collective amnesia and lived with Han, a Korean and muzzled any voice of dissent against either the term for long, suppressed grief. dictatorship or US war crimes. Their half century long suffering finally was The threat of death, torture and disappearance heard on September of 1999, when the Associated forcibly silenced US war crimes victims making Press wrote a Pulitzer Prize winning article and these tragic events, which occurred 50 years ago began a series of articles based on a thorough largely remain in darkness. investigation of a massacre that took place at the For these victims of US war crimes who have South Korean village of No Gun Ri in July of 1950. experienced persecution and fear, silence is not at Hundreds of villagers were pinned beneath a all surprising when you consider the history of truth bridge for the duration of three days as U.S. military telling. When South Korea's Syngman Rhee forces strafed them from aircraft, mowed them dictatorship was toppled by mass student down with machine gun fire and fired mortars at demonstrations on April 19, 1960, a temporary them. It is estimated that some 400 civilians, mostly political open space was created throughout South women, children and elderly, were massacred. Korea, where thousands and thousands of people The AP articles carried not only testimony from began to speak about the atrocities they suffered at Korean survivors and witnesses, but also from U.S. the hands of the U.S. military during the Korean veterans of the Korean War who said they had taken War. part in the killings. This flurry of truth telling was brought to a halt Previously classified documents located by AP when the US-backed military coup by a South reporters indicated that these were carried out under Korean general named Park Chung Hee took place orders and with the full knowledge of their on May 16, 1961. Hundreds of people involved in commanders. the truth telling were tortured, jailed and some were The No Gun Ri massacre is now called the killed by this new military dictatorship, which didn't Korean May Lai because it is so similar to the U.S. want to ruffle the feathers of the US military. military massacre at My Lai, in Vietnam. Memorials and monuments people erected to Outpouring of public pressure pressed US and

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South Korea to hold investigation on the No Gun Ri fathers and neighbors mowed down -sometimes by massacre. However the US-South Korea joint the hundreds-as they waved their white flags to investigation produced very disappointing reports, indicate they were civilians and not the enemy. basically claiming that this was an isolated action of The International Association of Democratic inexperienced individual soldiers who were Lawyers urges the Sub-Commission on the inadequately trained. Promotion and Protection of Human Rights to: The former U.S. President Clinton -Recognize the grave human rights violation by the acknowledged that it did happen but he did not offer US military by adopting a resolution condemning an apology instead he expressed "regret." And these violations and calling upon the UN to further, the US government decided to ignore the investigate US war crimes and their use of weapons issue of reparation for the No Gun Ri victims and of mass destructions in South and North Korea. all other massacre victims. -Recommend the US government to publicly Thus no action has been taken so far both in apologize to these victims. South Korea and in the US to bring healing and -Urge the US government to immediately process peace to these victims. reparations for these victims. Recently, from years of struggle for democracy, freedom and self-determination in South Korea, more political space has been opened. This situation Report on Delegation to Sub-Commission coupled with positive steps taken toward peace and on the Protection of Human Rights, reunification between North and South Korea, has Geneva, by Yoomi Jeong, August 17, 2003 meant that these victims, their families and other The two main goals we had in mind….were met, witnesses of these war crimes now feel somewhat not completely but reasonably. less fearful to tell their stories. 1. Internationalize US military’s Korean Civilian To represent these powerless and voiceless Massacres victims of US war crimes, the Korea Truth

Commission on U.S. military massacres of civilians  Written statement – This was circulated on was established to systematically investigate, internet and as a hard copy to the document and disclose the details of these mass participants. killings of civilian villagers and refugees. Thus far, http://www.unhchr.ch/Huridocda/Huridoca.nsf/(Sy over 100 sites of massacres are identified in the mbol)/E.CN.4.Sub.2.2003.NGO.12.En?Opendocum southern part of Korea alone and much more in the ent northern part.  Oral statement – It was well received and At the onset of the Korean War the fact-finding the presence of survivors at the plenary delegation was dispatched by the International session as it was delivered, made an impact Democratic Lawyers Association, the Women's on the UN Sub-Commission members, who International Democratic Federation, and the later met with the Korean IADL members to International Scientific Commission on Biological discuss future collaboration. Both Warfare in Korea and China. The commission Pyongyang and New York tribunals were reports from these fact-finding delegations are filled introduced. with eyewitness accounts of horrific civilian See oral statement and also UN press release. massacres and evidence that implicated the use of http://www.unhchr.ch/huricane/huricane.nsf/NewsR biological and chemical weapons, in direct oom/Subcomm?OpenFrameSet contravention to the treaties signed in the Geneva  Korea Forum – Through photo display, Conventions of 1949. testimonies and questions and answer As part of the investigation, international session, the delegates had a lively exchange delegations have visited massacre sites and heard of information and ideas about how to the stories of people who were strafed by U.S. proceed in future. planes when they were children, people who See CONGO report on Korea Forum managed to survive but who saw their mothers, http://www.ngocongo.org/ngonew/sub-com-hr.htm

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 Lobbying – The delegates met with both Mme. Florizelle O’Connor indicated that she North and South Korean UN representatives needed more information about the issue and told us in Geneva. Both were very helpful. We had that she will try to organize a special session at a special meeting with SK Ambassador at which our survivors can give testimonies to the the Embassy. human rights commissioners. When asked if she The delegates also met with Special Experts in and her colleague are interested in visiting both the Sub-Commission who shared our interest and Koreas to investigate US war crimes, she said that if we gave them the information. the invitation was coming from both Koreas, this The delegates met with US representatives in proposal would be considered. Geneva asked them to meet with us. They did not The Korea Truth Commission plans to have an and we later gave them a letter addressed to the US evaluation of our activities and strategize our future Ambassador to have a talk with our delegation, this plan of action on March 2004 UNHCHR session did not take place due to the time factor and the and also to invite UN investigators to both Koreas. sensitivity. According to their First Secretary, the Participants: issue was too sensitive and important for them to Yoomi Jeong – KTC Joint Office -USA decide, he said that they needed to consult with the Ik Tae Kim – Legal advisor to KTC Joint Office in State Department in Washington DC. Chicago -USA We met with other NGOs and discussed the Hwang Kye Il- Survivor – SK topic. Im HakSup – Victims family – SK  Outreach – The delegates prepared over Haesook Kim – Administrative Director – KTC- SK 100 Joint Reports on US war crimes [shorter Chapter version] and 30 video tapes on the New Cho Hyun Kee – Executive Director – National York tribunal and distributed to the key Organization for Victims Family – SK individuals at the session. Choi Seung Ho- Investigator – Kyung San Cobalt The delegates handed out KTC brochures, Mine written statements, and oral statements. Hwang Sungwon- Videographer –SK The delegates wrote a letter to all 26 Special Kim Soojin - Germany Experts at the Sub-Commission and asked for their Choi Hun - Germany assistance and guidance with our project. Lee Sung Mi - SK The delegates issued a press release about the Song Yonggeun – SK Korea Forum and called and distributed to key media people at the UN.  Media – The delegates had coverage on THE UNITED NATIONS ISSUES PRESS Yunhap News and Ohmynews of South RELEASE ON THE KOREA TRUTH Korea. Our activity will appear on Mal COMMISSION CONFERENCE HELD magazine also. AUGUST 2003 2. To bring UN sponsored special representatives from both Koreas to investigate US War Crimes Yuomi Jeong, of the International Association The delegates had a special meeting with Vice of Democratic Lawyers, stressed the presence in Chairperson Mme. Florizelle O’Connor, who took the room of a South Korean survivor of the United great interest in our project. She gave States massacres in that country during the Korean encouragement to our survivors for their courage War. One of the factors that had contributed to the and persistence to bring healing and peace to this unfortunate legacy of the Korean War was that issue. crimes had been committed by the United States We gave a short briefing on our project and military under the auspices of United Nations asked Mme. Florizelle O’Connor for her assistance Special Forces, thus directly raising the United to make the issue more prominent in the UN Human States' responsibility and accountability for these Rights sessions. war crimes. In South Korea, a series of civilian and military dictatorships following the war did not

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have the power or the will to question the United experience having to wait ten years before being States' responsibility on this issue. De facto able to receive a facial surgery. M. Lim Hak Sup lopsidedness of South Korea-United States also testified on behalf of his mutilated mother. relations, highlighted by the presence of 37.000 During decades these victims were unable to testify United States troops in South Korea, severely because they could be accused of being "communist undermined the national sovereignty of South Korea sympathizers" and suffer social discriminations. and further compromised the rights of its people, There is an urgency to testify, as many evidences of particularly the victims of the United States military civilian massacres are about to disappear. "Young massacres during the Korean War. No action had people are not aware about what happened to the been taken so far to bring healing and peace to these older people […] I came all the way to prevent victims. further massacre," explained M. Hwang Kye Il. The Korea Truth Commission had been Joining his voice, the Executive director of the established to investigate, document and disclose National Association of Victims Families, Cho the details of these mass killings of civilian villagers Hyun Ki, explained how ironic this situation was, as and refugees. The United States was guilty of war these victims intending to testify were jailed and crimes and crimes against humanity and peace in tortured by South Korean government. Their Korea. To guarantee that such heinous violations of testimonies were supported by a documentary human rights would never again take place, to untitled "Divided country, disposable people", guarantee that such terrible wars costing countless which gave a genuine history of the US lives on both sides and jeopardizing the peace of all involvement in the Korean Peninsula since 1945. humankind could be prevented in the future, the That documentary give the view of American Association implored the Commission to investigate veterans criticizing US motivations and means used and disclose the truth, and called for the United during the war, including biological and chemical States to apologize and provide compensation to the weapons. This fact has been recently revealed victims of the United States massacres of Korean through declassified Chinese archives. civilians, even though they took place 50 years ago. As Ms Yoomi Jeong (KTC deputy secretary general) pointed out, these testimonies are aimed at bringing the International Communities attention to UN CONGO Highlights Events of The the issue of Korean crisis. That would facilitate a Korea Truth Commission Conference; A peaceful and comprehensive reconciliation between Quiet Unknown Episode of the Korean all the parties including the United States. KTC reckons that asking for reparations and apologies War, “Forgotten War, Forgotten Victims for the victims is part of this process "The U.S. and Forgotten Crimes” starts war in the name of peacekeeping but in my The Korea Truth Commission (KTC) and the sense this is not the right thing. They are still not International Democratic Lawyers Association answering the appeal from the victims. Even if the organized a meeting dealing with a dramatic and bombing ended, the war has not ended in Korea. As quiet unknown episode of the Korean war (1950- long as the sufferings are not recognized this war is 1953): US military massacre of Korean civilians. not ended." In the words of M. Hwang Kye Il Eyewitness testimonies by survivors, archives In the end Ms Yoomi Jeong told the Assembly photographs as well as a documentary gave this that it was in discussion the proposal to set up a US gathering an emotive and special tone. war crime court in Europe, possibly in Geneva. She The organizers first gave the floor to two expressed her hope of raising this issue again next survivors of these tragic events. They testified and year and call to create a biding web of peace recalled sometimes with palpable emotion, their building activists. pains and sufferings as well as their families' that are still unanswered and unrecognized half a By. John Auran-Clapot and Jérôme Gygax century later. M. Hwang Kye Il who was a seven years old child at that time explained his own

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US Peacekeepers Immunity From session will be convened in The Hague, Jurisdiction of ICC Approved for Netherlands, from 6-10 September 2004. Another Year by The UN Security The President of the Assembly, Jordan’s U.N. Ambassador Prince Zeid Al Hussein, presided over Council, 12 June 2003, U.N. the proceedings. During the session, President of Headquarters, New York the International Criminal Court, Judge Philippe Kirsch, Prosecutor Luis Moreno-Ocampo and The U.N. Security Council approved a one-year Registrar Bruno Cathala addressed the delegates. renewal of a 2002 resolution, which exempted U.S. To date, ninety-two nations have ratified the Rome peacekeepers from the jurisdiction of the Statute. A full report of the session, including all International Criminal Court. In 2003, Resolution documents in six languages, is available at 1422 was passed by a vote of 12 to 0; France, www.un.org/law/icc/asp/second.htm. Germany and Syria abstained. In 2002, the Highlights of the meeting include the adoption of resolution passed with a vote of 15 to 0. At this a 2004 Budget, the election of a Deputy Prosecutor open session, seventeen of the nineteen speakers for investigations, Serge Brammertz (Belgium), and opposed the resolution, and Secretary-General Kofi the election of a Board of Directors for the Victims’ Annan stressed that renewal should not be viewed Trust Fund. as an annual routine action; the language of 1422, During this third session of the ASP, work “review as long as may be necessary” should not be focused on meetings of Working Groups on the interpreted to mean automatic renewal. The Budget, Staff Regulations, and the Crime of representatives from Canada, New Zealand, Jordan, Aggression, in addition to the plenaries. At the end Switzerland, Lichtenstein, and Greece (speaking for of the session, the ASP adopted resolutions in some the European Union) argued that the resolution was of these areas, and proposals for continuing a misapplication of Article 16 of the Rome Statute discussions. (which provides that the Security Council, by a Budget: The ASP approved appropriations totaling resolution under its Chapter VII powers, can defer US$53.07 million for the court’s expenses, an investigation or prosecution for twelve months, including, $5.78m for the Judiciary; $14.04m for and may request renewal of the same) which did not the Office of the Prosecutor; $30.65m for the empower the Security Council to re-write the Registry; $2.6m for the ASP’s Secretariat; and treaties and should be invoked only in conformity established a Working Capital fund for 2004 in the with the whole of the Statute; the ICC Statute amount of $4.43m. The Committee on Budget and already addresses issues of frivolous prosecutions; Finance will meet twice at The Hague, 29-31 March Resolution 1422 appears to side with impunity and 2004 and 2-6 August 2004, prior to the next ASP. undermine historic advances to combating Aggression: The Chairperson of the Working impunity; and Resolution 1422 damages the Group (WG) reported that during the session, the credibility of the Security Council. The Islamic WG was only able to consider the definition of the Republic of Iran emphasized the erosion of “crime of aggression” and the “act of aggression.” credibility and undermining of international law, in Much of the discussion focused on Cuba’s proposal view of the U.S. illegal military action in Iraq, and for a definition of the crime of aggression. Cuba’s its circumvention of the Security Council. proposal includes the new element of acts against “economic independence,” which is not mentioned in GA Resolution 3314; the GA Resolution has Third Assembly of States Parties (ASP), been the fundamental starting point for all 8-12 September 2003, U.N. Headquarters, discussions of what constitutes aggression. All the documents on the Crime of Aggression are New York available at This session of the ASP was the last session to www.un.org/law/icc/documents/aggression/aggressi be held at U.N. Headquarters in N.Y; the fourth ondocs.htm. The discussion papers from the Coordinator, PCNICC/2002/WGCA/RT.1/Rev.1

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and Rev.2, and the Historical review of MEETING OF THE “FRIENDS OF THE ICC,” developments relating to aggression, prepared by AT THE GERMAN MISSION TO THE U.N., the Secretariat, PCNICC/2002/WGCA/L.1 are 10 SEPTEMBER 2003 especially useful. Formerly the Like-Minded Group [of States] in Victims’ Trust Fund: The elected Board of support of the ICC, the newly named Friends of the Directors include: Rania Al-Abdullah, Queen of ICC luncheon was hosted by the German Mission to Jordan; Oscar Arias Sanchez, former President of the U.N. Diplomatic representatives and NGO Costa Rica and Nobel Peace prize Laureate; representatives attended. Tadeusz Mazowiecki, former Prime Minister of Convened half-way through the ASP session, the Poland and Chairman of Poland’s Robert Schuman presentations focused on proposals to be included in Foundation; Desmond Tutu (South Africa), an omnibus resolution for the ASP; a review of the Archbishop Emeritus and Nobel Peace Prize international criminal bar plenary discussion by Co- Laureate; and Simone Veil (France), former coordinator Hans Dever; a presentation on the NGO minister of Health and former President of the Coalition efforts by William Pace, and regional European Parliament. Additional information is reports on ratification from the Arab countries and available at www.victimstrustfund.org Latin America and Asia. Issues related to the International Criminal Bar: The resolution included proposals for, rules for At the Plenary on the International Criminal Bar, Judges to be an agenda item at September 2004 Registrar Bruno Cathala stated that a final Code of ASP; the independence of the Committee for Conduct for lawyers would be submitted to the next Budget and Finance; transparency in prosecutorial ASP session. He also proposed creating an strategies; contrary to SC resolution 1422, there advisory body of high-level experts, meeting twice should be a paragraph in documents that the ICC yearly, to provide on-going advice to the Registry contributes to world security; that the New York on issues related to defense and victims’ counsel. office of the ICC should address all aspects of ICC Pursuant to Rule 20 (3) of the Rome Statute, the work, and not be an “outpost”; that the ASP monitor Registrar has been consulting with organizations implementing legislation for the Rome Statute, and and attorneys. In January 2003, a consultation was offer technical assistance to States. convened on the code of conduct, assignment of The discussion on the international criminal bar lawyers and the roster of lawyers. Coordinator focused on the need to consult with both defense Hans Bevers (Netherlands) suggested that these and victims’ attorneys. efforts continue, in terms of defense and legal representation of victims. In addition, Brazil, supported by Latin American countries, suggested A REPORT ON THE HIGHLIGHTS OF THE that the next ASP agenda include an item on UN CONFERENCE IN SUPPORT OF THE “Matters related to defense and legal representation PALESTINIAN PEOPLE, before the ICC.” 4 & 5TH SEPTEMBER 2003, The coordinator also reported that discussions UN HEADQUARTERS, NEW YORK could not be finalized with the organization, the International Criminal Bar. At this session, IADL Member Gloria Bletter attended the concerns were raised by delegates about the ICB’s 2003, UN Conference open in Support of the geographical representation and transparency. Palestinian People in New York. Her report Complaints received by the Office of the follows. Prosecutor: Between July 2002 and July 2003, the Last year, my report on the Sept. 2002 meeting office has received 499 communications, from both reviewed the background of the establishment of the individuals and non-governmental organizations in Committee on the Exercise of the Inalienable Rights 66 different countries. of the Palestinian People, which has convened this meeting annually since 1983. The frustration and sense of urgency expressed then still exists, and the intervening event of the US’ invasion of Iraq has

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provided cover to the militaristic occupation of the alternatives which follow, Occupied Territories [West Bank, Gaza, and part of --a Bantustan state controlled by Israel, with Jerusalem]. The attack on Iraq was foreseen at last Palestinians relegated to pockets of settlements, year’s meeting. How to respond to Israel’s “me too” with no political power; or --One state, with a use of the War on Terrorism as a rationale for democratic government and equal rights for all. “transferring” [ethnically cleanse] Palestinians out Israeli institutions would continue; Palestinians of all of the Occupational Territories, was then would lose their right to self-determination, but both discussed. But the Israeli government continues to cultures and economic status could co-exist and accomplish this goal indirectly, by constructing the possibly flourish. huge “Apartheid” or “Separation Wall” which now The audience received Jeff Halper’s talk with overshadows, literally and figuratively, the lack of various emotional reactions. It was distressing to Palestinians’ access to their lands and means of give up the long fight against the Occupation and survival. Because everyone present recognized the the idea of a separate Palestinian state. Most NY threat of this Wall, it became a focal point around Jews Against the Occupation (JATO) activists are which to organize some follow-up activities. not ready to do this. It was pointed out that moving SEPARATION WALL: Over the course of the towards one state would “in many ways cement the two days, there were four Plenaries, each with occupation and imbalance of power... One of the presentations by experts on a range of topics. After lessons of So. Africa is [that] white supremacy has the thorough factual and visual presentation by been maintained in certain socio-economic ways, Jamal Juma, Coordinator of the Palestinian with the active assistance of international corporate Environment NGO Network (PENGON), there and monetary structures.” [Naomi Braine, panelist appeared to be consensus that that group of NGO’s from NY Jews Against the Occupation JATO] would take a leadership role in following up this Phyllis Bennis of the INSTITUTE FOR POLICY issue. Mr. Juma made a plea for all groups to work STUDIES, who coordinated several of the panels together on opposing the construction of the Wall; and the final Presentation of the Plan of Action, and Palestinian NGO’s plan a week of actions beginning a long-time critic of the US and UN failure to November 9th--the anniversary of the fall of the enforce international law in the Middle East, stated Berlin Wall--and it was agreed that other that the Road Map was really NOT a viable peace international NGO’s would support those actions. process at the outset; it actually continued the US This Campaign can be reached through: attempt to legitimize its domination in that area, or

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investment in Israel’s military and police; and the is to share resources for educating the global public, training of Jewish youngsters in the ‘glory’ of and to build support for the International Week of Zionism, which marginalizes dissent. Josh Ruebner Action Against the Wall, Nov 9-16, 2003; it is of the US Campaign To End The Occupation spoke hoped that Resolutions against the Wall will be about organized efforts to engage with and formulated in both the General Assembly and Sec influence US elected officials. Council in conjunction with the annual November Europeans are very concerned about the situation, 29th Int’l Day of Solidarity with the Palestinian since it is close to home, and they fear the People. breakdown of peace, especially given Israel’s WORKING GROUPS FORMED FOR FOLLOW-UP nuclear and other weapons of mass destruction. AND COORDINATORS as of Sept. 5, 2003: NGO’s there have begun to take action against the Labor--Chris Doyle, Council for the Advancement Wall, and have also begun a campaign against of Arab-British Understanding (CAABU) London; buying any fruit from Israel unless it is clear that Legal--Tom Nelson, Americans United for such produce was not grown in any of the illegal Palestinian Human Rights, Oregon, (also NLG and settlements within the Occupational Territories. IADL). Women and Children--Maha Nasser, Gretta Duisenberg of Amsterdam hopes that the EU General Union of Palestinian Women, Ramalleh will support a ban on the export and transport of Environmental--John Reese, US Campaign to Stop military equipment to Israel through Europe’s the Wall, Washington, DC, and Jamal Juma, airports; as such arms are being used in violation of PENGON, Jerusalem; Faith--Kathy Bergen, Amer. international law. Also suggestion made that Friends Service Committee, Philadelphia; governments, which are donors to specific projects Media--Alison Weir, If Americans Knew, in the area, e.g. Japanese pier construction, require California; in their contracts that if Israel destroys those Medical & Health--Claudette Habesh, Caritas facilities, it must repair or repay the cost to the Jerusalem; donor. [More info needed.] Divestment--? CONCLUSION AND PLAN OF ACTION: There The Legal Working Group is interested in was agreement that an international intervening litigation under the Fourth Geneva Convention, to ‘third party’ peace force, as was endorsed at last prosecute Israeli military officers responsible for year’s meeting, would only work if it was war crimes or crimes against humanity. ISM, NLG, accompanied by a clear ban on Israel’s continued IADL may be interested. Contact: encroachments, such as the construction of the Tom will be in Occupational Wall, and that this ban requires continual Territories after Oct 6th for a short time. monitoring and enforcement by international Women--Maha Shamas of the Women’s Center for institutions. To this end, a letter was drafted to be Legal Aid in Jerusalem was a panelist, but more sent to the Secretary General and to the current discussion of women’s’ peace actions and Sec Presidents of the General Assembly and the Council Res. 1325 would have served as a reminder Security Council. This letter, dated 5 Sept 2003, is of this important resource. Also note the article from the NGO’s gathered at this year’s meeting, about the Wall, “Another Kind of Road Map,” from and reiterates support for a “protection force...[to] the WILPF Palestine Section office is of great implement outstanding UN resolutions.” It could interest, contact: lead the way to activating the alternative “Uniting For Peace” procedure by which the General Assembly takes up an issue which the Sec Council Bilateral Immunity Agreements/a.k.a. is unwilling or unable to consider, and thus brings Article 98 (Rome Statute) Agreements the discussion into the public arena both within Since the Rome Treaty was entered into force in states and in the UN. July 2002, the United States has secured immunity BRING DOWN THE WALL CAMPAIGN: A agreements with more than 60 countries to not pledge to work with Palestinian organizations surrender any US national or US against further construction of the Wall. The intent military/government employee (past or present,

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including contractors and non-nationals) to the ICC. against discrimination and for the abolition In July 2003, President Bush suspended nearly 50 of the so-called CPT (center of temporary million dollars in military aid to 35 countries who permanence); had refused to sign non-extradition agreements. . European Law: The Italian Association Four of these countries later signed the agreement, participated in the activities of the Forum and the US agreed to resume military aid. Ten for the European constitutional democracy African countries are among the ICC parties who and its efforts for a European Constitution have not accorded immunity to US citizens: Benin, based on democratic consent of the Central African Republic, Lesotho, Malawi, Mali, European peoples and guaranteeing Namibia, Niger, South Africa, Tanzania and political, social, economic and cultural Zambia. rights to citizens and migrants without any discrimination; . International law: UN SECURITY COUNCIL RESOLUTION 1. The Italian Association supports 1502 AFFIRMING ATTACKS ON initiatives against the war and the HUMANITARIAN WORKERS ARE WAR unlawful occupation of Iraq by US and CRIMES its’ allies; 2. The Italian Association supports an On August 27, 2003, after the attack against the international tribunal against the Headquarters of the U.N. Assistance Mission in Iraq crimes of aggression, war and against (UNAMI) in Baghdad, 19 August 2003, the humanity occasioned by the Iraqi war; Security Council unanimously passed a resolution 3. The Italian Association champions the which affirmed that attacks on humanitarian struggle for a just peace in Middle workers are war crimes; but, at the insistence of the East based on two independent and U.S., omitted any references to the International sovereign States. Observations of the Criminal Court. Mexico, France, Russia, Germany, trials against the Palestinian leader Bulgaria and Syria had originally sponsored the Marwan Barghouti and the young resolution, which was stalled by the U.S. in April Israeli refusniks; 2003. 4. The Italian Association champions the struggle for the life of President Abdullah Ocalan and a just peace in ACTIVITIES REPORT OF THE NATIONAL Turkish Kurdistan; AFFILIATES OF THE INTERNATIONAL 5. The Italian Association supports the ASSOCIATION OF DEMOCRATIC struggle for a just peace in Colombia LAWYERS and the preservation of the fundamental rights of the people. ACTIVITIES OF THE ITALIAN 6. The Italian Association supports ASSOCIATION OF DEMOCRATIC sending a letter to the president of LAWYERS FROM MAY TO OCTOBER 2003, Niger, Tandja Mamadou, requesting Fabio Marcelli reports: the immediate release of the . Labor law: The Italian Association democratic leader Moussa Tchangari; supported the referendum aiming to extend job stability to small enterprises; The Italian Association of Democratic Lawyers . Institutions: The Italian Association will hold its National Assembly in Bologna the 8th supported the independence of judges and 9th of November 2003. The preparatory against the attack by the Berlusconi document as well as other materials relating to other government; activities can be found at . Status of aliens, migrants and refugees: www.giuristidemocratici.it". The Italian Association joined the struggle

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ACTIVITIES OF THE BULGARIAN JURISTS' associations of the Bulgarian Jurists' Union UNION FOR 2003 from throughout the country participated in Iossif Geron reports: the Congress. . In December 2002, the Bulgarian Jurists . April 16 was Bulgarian Constitution Day participated in the project, "Reaction and Bulgarian Jurists Festival. On this Mechanisms Against Discrimination, occasion, the Bulgarian Jurists' Union Racism, Xenophobia and Anti-Semitism in organized several activities - Formal Law and Judicial Practice of Countries - of Meeting in the Main Hall with a speech Central European countries members of the from the president of the Constitutional European Union and Bulgaria." Court; a philharmonic concert by jurists; an . A group of experts from the Bulgarian exhibition by jurists-painters; cocktail in the Jurists' Union analyzed the judicial practice restaurant of the Bulgarian Jurists' Union. by means of certain articles in the Bulgarian At the same time, a round table on "The Penal Code. Madam Hadassa Ben Itto, Constitution and the Judicial System," was President of the International Association of held. Jewish Lawyers and Advocates came for the . The Bulgarian Jurists' Union took part in a presentation of this project. conference organized by the AEJDH on . A conference entitled, "To Apply May 17-18 at Geneva on "War Crimes." International Law in a Changing World in . The Bulgarian Jurists’ also attended the Good Conscience," was organized in the IADL meeting in Marseille on May 20-26 as Main Hall of the Bulgarian Jurists' Union. well as the conference, "Recent Challenges At the conference, Madam Ben Itto to International Law and Universal Public presented her book, "The Lie That Would Order and Our Tasks." Not Die," dedicated to unmasking false . In May, the Bulgarian Jurists' Union "protocols of the wise Zionists." awarded two prizes for the best students in . The Bulgarian Jurists' Union bestowed upon civil law during the presentation of the Madam Ben Itto, an honorary diploma and collection by Prof. Vitali Tajer. the symbol of the Bulgarian Jurists' Union to . A round table on "Deontology of the consolidate the relations between the two Judicial Professions was organized on June associations. 6 in the Main Hall of the Bulgarian Jurists' . In honor of the 130 anniversary of the death Union and adopted a final document. of national hero, Vassil Levski - February . In September, the Bulgarian Jurists’ Union 17, 2003, a scientific session, "The Judicial participated in a conference organized by the Process European Association of Lawyers for 1972-73. Historical, Judicial and Democracy and Human Rights in Dresden International Aspects," was organized in the on "Independence of the Prosecutors." Main Hall. The session was in two parts: . Recently, the Bulgarian Jurists' Union was history and judicial. Eminent jurists spoke represented by their Vice President and on the jurisprudence of the 19th Century and approximately 10 members at a conference the judicial process. Among them was Mr. organized by the Jurists Association of the Dimitar Popov of the Republic of Bulgaria. Republic of Macedonia on the occasion of A collection of articles on the session was its 35th anniversary. published. . At the end of this year, the Bulgarian Jurists’ . The XI Congress of the Bulgarian Jurists' Union will participate in the meeting of the Union was held on March 28. The agenda International Bureau of the IADL in comprised of the annual report of the Union Damascus and the Administrative Board of and the budget for 2003. 70 delegates from the AEJDH in Paris. 50 member During this year, the Bulgarian Jurists' Union also published approximately one dozen issues of its two

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publications - "Society and Law" and "Judicial writing motions to dismiss cases, and other motions, Tribune." along with briefs for use by the lawyers in the courts. These motions and briefs are being translated into Hebrew and have been very useful. ACTIVITIES OF THE FRENCH A memorandum written by Nancy Hormachea on ASSOCIATION DROIT SOLIDARITÉ (DS) the Convention on the Rights of the Child, helped FRANCE win the freedom for a fourteen-year-old female Roland Weyl reports: prisoner who was facing five years in prison for Since the Bureau meeting in Marseille, Droit throwing rocks at Israeli tanks. Solidarité has been involved in the following The National Lawyers Guild and the IADL have activities on behalf of IADL: also, submitted two Amicus briefs to the Isreali  Preparation of the report on the Marseille High Court. One case challenged the Isreali policy Conference in both French and English. of targeted assassination, and the other challenged  Preparation of the European Social Forum the Security Wall. in Paris November 2003. In addition, the committee met with Fabio  Assisted in the preparation of a Marcelli at the National Lawyers Guild Convention demonstration for sovereignty of the Iraqi in Minneapolis to discuss further joint action. Fabio people. Marcelli has been very active in Italy and the  Organized a working group of Inter-NGO”s European Association of Lawyers for Democracy about the new forms of racism and and World Human Rights on behalf of Palestinian discrimination in context with the IADL prisoners and in particular at the trial of Marwan draft. Barghouti. It is hoped that the work of these groups  Edited a brochure about the importance of the UN Charter. will be vastly expanded in the next period with the IADL, through its affiliated organizations, gaining  Organized solidarity activities on behalf of the Palestinian peoples right to self- significant credibility with both Israeli and determination. Palestinian NGOs and will be able to contribute  Prepared and organized a seminar and significantly to the finding of a way to peace. public dinner in conjunction with the visit of The International Commission for Labor Rights Columbian Lawyers to Paris. (ICLR) The International Commission for Labor Rights, a joint project of IADL and the International Center The Activities of the National Lawyers for Trade Union Rights. (ICTUR) held a meeting in Geneva in conjunction with ICTUR's annual Guild (NLG) USA; Jeanne Mirer reports administrative meeting. The focus of the meeting on activities since the Marseille Bureau was to finalize the missions to Colombia which are Meeting slated to begin next year. Members of the three During the Bureau meeting in Marseille, Nancy trade union federations, and the president of the Hormachea and Audrey Bomse reported on Mineworkers Union for Colombia were present and activities of he Middle East Sub-Committee of the made presentations. The missions will focus on two International Committee of the NLG. These areas of work: the assassinations and other attacks activities included a plan to provide legal assistance on Trade Union leaders in the extractive industries to Israeli and Palestinian NGOs which were in Colombia, and the impunity with which these representing Palestinian prisoners. Since Marseille attacks have been carried out. The coordinators of the NLG has sent two legal brigades to these missions are traveling to the AAJ meeting in Isreal/Palestine and are continuing to recruit other Buenos Aires to recruit lawyers to serve as lawyers to go. Because there are some similarities Commissioners and as members of the Colombia between US and Israeli criminal law, we have set up missions. a working group of lawyers who are working directly with Palestinian and Israeli Lawyers,

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Agent Orange embargo/blockade of Cuba, and our defense of The working group on Agent Orange has those traveling to Cuba. actively done research, to try to find ways to We continue to support the Palestinians in their compensate the Vietnamese victims of Agent struggle to create their own homeland and free Orange. The working group will travel to Vietnam themselves from the Israeli occupation, supported during the week of November 17th to begin almost in its entirety by US military and economic dialogue with Vietnamese scientists, researchers aid. We sent delegations showing our support for and lawyers. those struggling against the occupation; we People's Tribunal and Challenges to the Legality support Palestinian and Israeli attorneys by of the War in Iraq providing legal research support and filing amicus The International Committee of the NLG briefs in the Israeli courts in cases challenging the sponsored two workshops at the Minneapolis occupation and its effects; we are devising legal and Convention, (October 22 to 26) on the current legislative strategies to end US support for the international situation. These workshops were construction of the Separation Wall. entitled "Unilateral Power v International Law" and We work in conjunction with international the ‘War on Iraq and Beyond". Fabio Marcelli from legal organizations such as the International IADL gave an excellent paper and the proposed Association of Democratic Lawyers and the statute for the IADL Tribunal On the Illegality of Association of American Jurists through such the War drafted by Lennox Hinds was presented. projects as the International Commission for Labor Papers from those workshops will be published in Rights, focusing on economic and political the Lawyers Guild Practitioner. Working groups repression in countries such as Colombia. have been established to work on the key issues of We attempt to educate ourselves and show the illegality of the war, supporting persons in the support by sending delegations to countries such as military who are opposed to the war, and efforts to the Basque territory in Spain subject to increasing close the US concentration camp in Guantanamo political repression justified by the alleged threat of Bay terrorism. We recognize, however, that we must do more, particularly on issues relating to the US military The National Lawyers Guild (NLG) invasion of Afghanistan, and the invasion and International Committee Declaration occupation of Iraq, which expose the vulnerability and weaknesses of our government's imperialist November 2003 policies. In doing this work, we must not only react but must also offer a proactive vision of how International Committee Policy Statement: international disputes should be resolved. This is a moment in U.S. history when the Therefore, in addition to the work we are already government's imperialist aspirations have never committed to, the International Committee will been more naked and apparent. In the guise of focus on the following projects during the coming anti-terrorism, concepts of pre-emptive war, year: occupation, corporate globalization and the erosion of constitutional liberties are being articulated as the  There is a growing movement of American cornerstones of the expansion and realization of an military personnel and their families American global empire. This analysis in fact resisting continued participation in the underlies much of the work of the Guild's occupation of Iraq. Working with the International Committee as we struggle to defend Guild's Military Task Force and cooperating countries and peoples whose rights to self- attorneys in other countries, we will expand determination are being undermined by these the network of Guild attorneys doing this policies of the US Government: critical legal support work, continuing to Our support of Cuba continues through the defense expose the lies and illegalities underlying of the Cuba 5, our continued opposition to the US the military invasion and occupation, and

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the economic costs to Iraq and to our own Fabio Marcelli who was an honored guest country. and speaker at the National Lawyer’s  The existence of what is essentially a Guild Convention held in Minneapolis, concentration camp at Guantanamo must end. The recent grant of certiorari by the US October 2003 reports on his experiences. Supreme Court in the lawsuit challenging the Guantanamo detentions being brought The NLG Convention, held in Minneapolis, was by the Center for Constitutional Rights now a very powerful experience. For me, as a European provides a focal point for this work. We lawyer invited to this event to represent IADL, it will support that suit through the filing of was very impressive to learn how extensive and amicus briefs. However, we must also well organized the progressive forces within the devise strategies to further educate the community of lawyers and jurists are in the United public regarding the conditions at States. Guantanamo. The main focus of the Convention was on the  We must continue to create strategies which issue of the Iraqi war. The three priorities identified support those groups in the US which by the NLG International Committee follow: oppose the government's imperialist a) Support of conscientious objections and expansion, and which hold that government refusals by soldiers to continue accountable for its violations of US and participating in the war and the unlawful international law. How can the UN be occupation of Iraq; further strengthened and democratized? b) Support for all the initiatives aimed at How do we better educate the legal obtaining the restoration of international community as well as the general public legality, punishment for the crimes about the importance of international law against peace and humanity and the war and treaties and institutions such as the crimes committed by the US and its International Criminal Court? How can we allies; better enforce those laws and treaties c) Support closing the concentration camp through US Courts as well as international in Guantanamo. tribunals? How can we oppose the WTO Another important subject was of Palestine; in and other international financial institutions this context a common project is planned, to which condition loans and trade on measures establish an international presence of lawyers in co- which create crippling foreign debt and operation with Israeli and Palestinian lawyers in the hardships? name of peace and human rights. Other important  The report of the Guild delegation which items discussed was the struggle against the recently returned from North Korea exposes violation of civil US rights by the so-called the lies of the US Government regarding the antiterrorist legislation, migrants' rights and conditions in that country, and the supposed workers' rights. "threat" which North Korea poses to On all these issues it was determined that the peace. We must continue to educate establishment of a common international platform ourselves and others we work with regarding of lawyers was essential since the problems and the situation in North Korea. We have challenges of all progressive lawyers throughout the formed a North Korea sub-committee, and in world are very similar. the next year will send additional delegations to learn more about the political and economic realities of North Korea. To learn more about how to support the work of the Guild's International Committee, please contact the Committee's co-chair, Steven Goldberg, at [email protected].

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Publications HALDANE SOCIETY (UK) ACTIVITIES Rebekah Wilson reports: Beth Lyons has contributed a chapter entitled, “Getting Untrapped, Struggling for Truths: The The Haldane Society organized a public meeting Commission for Reception, Truth and to coincide with President George W. Bush’s visit Reconciliation (CAVR) IN East Timor” to a book on November 19, 2003. The title of the meeting was on International Courts and Tribunals, to be “RULE OF LAW OR RULE BY POWER THE published by Oxford University Press in early 2004. ROLE OF CIVIC SOCIETY IN MAKING LEGALITY RELEVANT TO THE WAR IN IRAQ” The main speaker Rabinder Singh QC acted on IADL U.N. Representative ─ VIENNA behalf of the CND to try and prevent the United Evelyn Duermayer reports on her activities: Kingdom from entering what is described as an illegal war. The Vienna Alliance of NGOs held their 100th Louise Christian, Vice President of the Haldane meeting on Crime Prevention and Criminal Justice Society continues to act on behalf of the families of on October 13th; the association focused their the British detainees currently held in Guantanamo attention on trafficking of men women and Bay. children. The Vienna Committee on the Status of Women has added two new items on their agenda namely the role of men and boys in achieving gender equality and women’s equal participation in conflict prevention, management and conflict resolution and in post-conflict peace building.

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UNITED NATIONS CALENDAR OF EVENTS

2003/2004

Date(s) Event Location

10 - 13 November Voluntary Fund for Technical Cooperation in the Field of Human Geneva Rights, Board of Trustees

10 - 14 November Annual meeting of the States Parties to the Convention on the Geneva Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction

10 - 14 November Preparatory Commission for the Comprehensive Nuclear- Vienna Test-Ban Treaty Organization, twenty-first session

10 - 21 November Committee against Torture, thirty-first session Geneva

11 - 18 November Panel of External Auditors of the United Nations, the Specialized Vienna Agencies and the International Atomic Energy Agency

17 - 19 November IAEA, Board of Governors, Technical Assistance and Cooperation Vienna Committee

17 - 21 November Group of government experts on the relationship between Geneva disarmament and development, first session

17 - 21 November UNCITRAL, Working Group on Electronic Commerce, forty- Vienna second session

17 - 24 November Group of governmental experts of the States Parties to the Geneva

Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed To Be Excessively Injurious or To Have Indiscriminate Effects, sixth session

19 November United Nations Board of Auditors, special session Vienna

19 - 28 November Commission on Human Rights, Working Group on Arbitrary Geneva Detention, thirty-eighth session

21 November IMO, Council, extraordinary session London

26 November Fifth Annual Conference of the High Contracting Parties to Geneva Amended Protocol II to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects

26 - 28 November Commission on Narcotic Drugs, resumed forty- Vienna

sixth session

UNITED NATIONS CALENDAR OF EVENTS

2003/200429

Date(s) Event Location

November Ninth Meeting of States Parties to the Convention against Geneva

Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1 day)

28 November Committee on the Exercise of the Inalienable Rights of the New York Palestinian People, Special Meeting in Observance of the International Day of Solidarity with the Palestinian People [General Assembly resolutions 32/40 B and 33/28] 1 December Committee on the Exercise of the Inalienable Rights of the New York Palestinian People, Special Meeting in Observance of the International Day of Solidarity with the Palestinian People

1 - 2 December UNICEF, Executive Board, extraordinary budgetary session New York

1 - 5 December Annual Meeting of States Parties to the Convention on Prohibitions Geneva or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects

1 - 5 December Committee on Economic, Social and Cultural Rights, Geneva pre-sessional working group

1 - 5 December UNU, Council, fiftieth session Tokyo

1 - 10 December Subcommittee of Experts on the Transport of Dangerous Goods Geneva

2 - 5 December Organization for the Prohibition of Chemical Weapons, Executive The Hague Council

3 December Ad Hoc Committee of the General Assembly for the New York Announcement of Voluntary Contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East

3 December UNEP, Committee of Permanent Representatives, Nairobi

eighty-fifth meeting

5 December IMO, Council London

8 - 12 December Commission on Narcotic Drugs, meeting of heads of national drug Singapore law enforcement agencies, Asia and the Pacific region

9 - 11 December High-level political conference for the purpose of signing the Merida, Mexico United Nations convention against corruption

11 December Committee of Permanent Representatives to UN-Habitat Nairobi

11 December FAO, Council Rome

11 December First meeting of the States Parties to the International Convention New York on the Right of All Migrant Workers and Members of Their Families

UNITED NATIONS CALENDAR OF EVENTS

2003/2004

Date(s) Event30 Location

15-19 December Committee on Non-Governmental Organizations, resumed session New York December Ad Hoc Committee of the General Assembly for the Geneva

Announcement of Voluntary Contributions to the Programme of the United Nations High Commissioner for Refugees (1 meeting)

To be determined Ad Hoc Committee on the Elaboration of a Convention against Vienna (1 week) Transnational Organized Crime (on Rules of Procedure for the Conference of States Parties) To be determined Commission on Narcotic Drugs, meeting of heads of national drug Bangkok (1 week) law enforcement agencies, Asia and the Pacific region To be determined Commission on Narcotic Drugs, meeting of heads of national drug Santiago (1 week) law enforcement agencies, Latin America and the Caribbean region To be determined Commission on Narcotic Drugs, meeting of heads of national drug Addis Ababa (1 week) law enforcement agencies, African region To be determined General meeting on cooperation between the representatives of the To be determined (3 days) secretariats of the United Nations system and the General Secretariat of the League of Arab States and its specialized organizations To be determined First meeting of the States parties to the International Convention on New York (1 day) the Protection of the Rights of All Migrant Workers and Members of Their Families To be determined Working Group on the Financing of the United Nations Relief and New York Works Agency for Palestine Refugees in the Near East To be determined Special Committee to Investigate Israeli Practices Affecting the Geneva Human Rights of the Palestinian People and Other Arabs of the Occupied Territories

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International Association of Democratic Lawyers Officers and Representatives

(Elected at the XVth Congress, October 2000)

PRESIDENTS EMERITI

President Nelson R. Mandela, South Africa Amar Bentoumi, Algeria Joē Nordman, France

PRESIDENT TREASURER Jitendra Sharma, India Jeanne Mirer, USA T: 9111.649.1567 T: 313.861.4259 F: 9111.649.4145 F: 313.861.5133 [email protected] [email protected]

DEPUTY SECRETARIES GENERAL SECRETARY GENERAL Dr. G.I. Chuzbaian, Romania Beinusz Szmukler, Argentina T: 4021.212.5609 T/F: 54.114362 F: 4021.210.3160 [email protected] [email protected]

Prof. Osamu Niikura, Japan VICE PRESIDENTS T: 81.33225.1020

F: 81.33225.1025 Farouk Abu Eissa, Sudan T: 202.795.7132 (Cairo) [email protected]

F: 202.794.7719 [email protected] Amrani Zoubida, Algeria T: 021.734.662 Prof. Lennox S. Hinds, USA F: 021.7376 T: 212.864.4445 F: 212.222.2680 DEPUTY TREASURERS [email protected] lossif Geron, Bulgaria [email protected] Roland Weyl, France Rebekah Wilson, United Kingdom T: 331.42.78.04.50 F: 331.42.78.03.57 T: 207.611.2461 [email protected] [email protected]

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BUREAU MEMBERS UNITED NATIONS HEADQUARTERS, NY Prof. Lứu Van Dat, Vietnam PERMANENT REPRESENTATIVE T/F: 84.4.822.92.22 Prof. Lennox S. Hinds, USA [email protected] T: 212.864.4445 F: 212.222.2680 [email protected] Akhtar Hussain, Pakistan T: 92.021.5672522 ALTERNATE REPRESENTATIVES F: 92.021.5678620 [email protected] Gloria Bletter, USA T: 212.645.7660 Fabio Marcelli, Italy F: 212.647.8291 [email protected] [email protected]

Oswaldo Sanchez Martin, Cuba Beth Lyons, USA T: 537.329680 T/F: 201.295.3103 F: 537.333382 [email protected] [email protected] Leora Mosston, USA Silas Nkanunu, South Africa T: 973.648.2690 T: 041.487.0134/5 F: 973.648.4848 F: 041.487.0066 [email protected]

[email protected]

Interns - Rutgers University Joan Roig i Plans, Catalonia, Spain IADL Internship Program T: 34.932.155311

F: 34.934.873379 IADL REPS. AT OTHER UN AGENCIES [email protected] Renee Bridel, Switzerland

UN Geneva Jamal Sourani, Palestine T: 41.21.281.778 [email protected] F: 41.21.788.02.77 (indirect)

PERMANENT INVIT́ EES Juliette Chinaud Vicki Erenstein Ya Toivo, Namibia UNICEF [email protected] [email protected] Marie Louise Mbida Kanse Tah, Cameroon T: 237.42.9064 Ahmed Derradji, France F: 237.42.2230 UNESCO [email protected] T/F: 331.30.74.17.18 [email protected] Secretary General Korean Democratic Evelyn Duermayer, Austria LawyersAssociation UN Vienna Pyongyang, D.P.R. of Korea T: 43.222.94.22.994 F: 850.2.3814644 [email protected]

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IADL Membership Application (Check One) [ ] For Association [ ] For Individual

IADL membership is open to any national or regional association of lawyers or jurists or any individual lawyer or jurist sharing the aims and objectives of the IADL. Application for membership shall be made to the IADL Bureau, c/o the Treasurer's Office. Provisional acceptances by the Bureau are subject to confirmation by the Council. Membership includes annual subscription to the IADL Activities Bulletin, published periodically.

(Please Print)

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[ ] Enclosed, Please find an International Money Order or Check payable to the "International Association of Democratic Lawyers (IADL)" for the annual IADL membership fee: [ ] $5,000 US for Associations from developed countries

[ ] $1,000 US for Associations from developing countries [ ] $150 US for individuals from developed countries [ ] $50 US for individuals from developing countries Please return completed membership applications and checks to:

IADL Treasurer Jeanne Mirer, Esq. Law Offices 306 South Washington Avenue, 6th Floor Royal Oak, Michigan 48067, USA Fax Number (248) 398-9804

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