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Activities Bulletin, Published Periodically

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Activities Bulletin, Published Periodically AACCTTIIVVIITTIIEESS ●● BBUULLLLEETTIINN 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 2 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
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