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People’s Law: Posses and Bounties
by bagger Tuesday, Jan 26 2010, 8:14pm
international / injustice/law / opinion/analysis

Most would remember George W Bush’s infamous reference to, “WANTED DEAD OR ALIVE” posters in the old American West and his arrogant attribution of Public enemy No.1 status to family friend, Hollywood Osama bin (dead for years) Laden!

A few years later, allowing for increased social awareness regarding thoroughly corrupt, puppet governments; appallingly biased/corrupt State LEGAL Institutions -- as the latest case granting citizen status ‘under the first’ to inanimate/insentient CORPORATE ENTITIES, clearly exemplifies -- dubya’s simplistic statement takes on NEW, RELEVANT meaning! I of course refer to CITIZEN LAW and BOUNTIES on known WAR CRIMINALS that State Institutions refuse to prosecute.

It has been stated and proven many times in the past, if the State fails the people, the people REFORM the State! [The breath minority ruling elites feel on their necks right now, is OURS!]

Do I need to elaborate, Cheney, Bush, Howard, Blair, Rumsfeld, Rice, Perle, Wolfowitz, Powell, Tenet, etc, etc?

How does it go again George, ‘WANTED DEAD OR ALIVE?’ I gotta admit it now has a NEW appealing ring to it! How do you think the public would react to the FIRST IMPLEMENTATION of THAT LAW, ‘gentlemen?’ Ecstatic, UNANIMOUS, APPROVAL, perhaps!

Report from the Guardian follows:

Bounties for War Criminals: We Should Not 'Move On' from Mass Murder
by George Monbiot

Chilcot and the courts won't do it, so it is up to us to show that we won't let an illegal act of mass murder go unpunished.

The only question that counts is the one that the Chilcot inquiry won't address: was the war with Iraq illegal? If the answer is yes, everything changes. The war is no longer a political matter, but a criminal one, and those who commissioned it should be committed for trial for what the Nuremberg tribunal called "the supreme international crime": the crime of aggression.

But there's a problem with official inquiries in the United Kingdom: the government appoints their members and sets their terms of reference. It's the equivalent of a criminal suspect being allowed to choose what the charges should be, who should judge his case and who should sit on the jury. As a senior judge told the Guardian in November: "Looking into the legality of the war is the last thing the government wants. And actually, it's the last thing the opposition wants either because they voted for the war. There simply is not the political pressure to explore the question of legality - they have not asked because they don't want the answer."

Others have explored it, however. Two weeks ago a Dutch inquiry, led by a former supreme court judge, found that the invasion had "no sound mandate in international law". Last month Lord Steyn, a former law lord, said that "in the absence of a second UN resolution authorising invasion, it was illegal". In November Lord Bingham, the former lord chief justice, stated that, without the blessing of the UN, the Iraq war was "a serious violation of international law and the rule of law".

Under the United Nations charter, two conditions must be met before a war can legally be waged. The parties to a dispute must first "seek a solution by negotiation" (article 33). They can take up arms without an explicit mandate from the UN security council only "if an armed attack occurs against [them]" (article 51). Neither of these conditions applied. The US and UK governments rejected Iraq's attempts to negotiate. At one point the US state department even announced that it would "go into thwart mode" to prevent the Iraqis from resuming talks on weapons inspection (all references are on my website). Iraq had launched no armed attack against either nation.

We also know that the UK government was aware that the war it intended to launch was illegal. In March 2002, the Cabinet Office explained that "a legal justification for invasion would be needed. Subject to law officers' advice, none currently exists." In July 2002, Lord Goldsmith, the attorney general, told the prime minister that there were only "three possible legal bases" for launching a war - "self-defence, ­humanitarian intervention, or UNSC [security council] authorisation. The first and second could not be the base in this case." Bush and Blair later failed to obtain security council authorisation.

As the resignation letter on the eve of the war from Elizabeth Wilmshurst, then deputy legal adviser to the ­Foreign Office, revealed, her office had ­"consistently" advised that an ­invasion would be unlawful without a new UN resolution. She explained that "an unlawful use of force on such a scale amounts to the crime of aggression". Both Wilmshurst and her former boss, Sir Michael Wood, will testify before the Chilcot inquiry tomorrow. Expect fireworks.

Without legal justification, the war with Iraq was an act of mass murder: those who died were unlawfully killed by the people who commissioned it. Crimes of aggression (also known as crimes against peace) are defined by the Nuremberg principles as "planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties". They have been recognised in international law since 1945. The Rome statute, which established the international criminal court (ICC) and which was ratified by Blair's government in 2001, provides for the court to "exercise jurisdiction over the crime of aggression", once it has decided how the crime should be defined and prosecuted.

There are two problems. The first is that neither the government nor the opposition has any interest in pursuing these crimes, for the obvious reason that in doing so they would expose themselves to prosecution. The second is that the required legal mechanisms don't yet exist. The governments that ratified the Rome statute have been filibustering furiously to delay the point at which the crime can be prosecuted by the ICC: after eight years of discussions, the necessary provision still has not been adopted.

Some countries, mostly in eastern Europe and central Asia, have incorporated the crime of aggression into their own laws, though it is not yet clear which of them would be willing to try a foreign national for acts committed abroad. In the UK, where it remains ­illegal to wear an offensive T-shirt, you cannot yet be prosecuted for mass ­murder commissioned overseas.

All those who believe in justice should campaign for their governments to stop messing about and allow the international criminal court to start prosecuting the crime of aggression. We should also press for its adoption into national law. But I believe that the people of this nation, who re-elected a government that had launched an illegal war, have a duty to do more than that. We must show that we have not, as Blair requested, "moved on" from Iraq, that we are not prepared to allow his crime to remain unpunished, or to allow future leaders to believe that they can safely repeat it.

But how? As I found when I tried to apprehend John Bolton, one of the architects of the war in George Bush's government, at the Hay festival in 2008, and as Peter Tatchell found when he tried to detain Robert Mugabe, nothing focuses attention on these issues more than an attempted citizen's arrest. In October I mooted the idea of a bounty to which the public could contribute, ­payable to anyone who tried to arrest Tony Blair if he became president of the European Union. He didn't of course, but I asked those who had pledged money whether we should go ahead anyway. The response was overwhelmingly positive.

So today I am launching a website - www.arrestblair.org - whose purpose is to raise money as a reward for people attempting a peaceful citizen's arrest of the former prime minister. I have put up the first £100, and I encourage you to match it. Anyone meeting the rules I've laid down will be entitled to one quarter of the total pot: the bounties will remain available until Blair faces a court of law. The higher the ­reward, the greater the number of ­people who are likely to try.

At this stage the arrests will be largely symbolic, though they are likely to have great political resonance. But I hope that as pressure builds up and the crime of aggression is adopted by the courts, these attempts will help to press ­governments to prosecute. There must be no hiding place for those who have committed crimes against peace. No ­civilised country can allow mass ­murderers to move on.




COMMENTS

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Culprits and Bounties
by gail Wednesday, Jan 27 2010, 5:20am

Most people would consider it an honor to dispense Justice to War Criminals, no bounty required.

I notice you did not mention the REAL culprits behind the puppet politicians; BANKSTERS, CORPORATISTS and FINANCIERS! They should be dealt with first!


Kill or be Killed USA -- the American people targeted by the CRIMINAL Adminstration
by nem Wednesday, Jan 27 2010, 8:40pm

It had to come to this:-- Criminal ruling elites are only capable of CRIME, obvious FACT! It is the nature of the beast. US citizens, on the APPROVAL of the effeminate, COMPLIANT President, are now targeted for EXECUTION/MURDER -- WHAT HAS LAW GOT TO DO WITH IT, you may well ask?

Should Americans have expected any different from a psychopathic criminal elite that has slaughtered millions of INNOCENT civilians in their quest for plunder and filthy profits?

WE allowed the evolution of this heinous social catastrophe to occur -- a just reward for complacency, some would say. The point is we are able to put an end to the sociopathic criminals that have hijacked our DEMOCRACY!

BEWARE and Be AWARE, the ENEMY is now YOU! (What did you expect?)

Have a nice day!


Report from Salon follows:

Presidential Assassinations of US Ctizens
by Glenn Greenwald

The Washington Post's Dana Priest today reports that "U.S. military teams and intelligence agencies are deeply involved in secret joint operations with Yemeni troops who in the past six weeks have killed scores of people."  That's no surprise, of course, as Yemen is now another predominantly Muslim country (along with Somalia and Pakistan) in which our military is secretly involved to some unknown degree in combat operations without any declaration of war, without any public debate, and arguably (though not clearly) without any Congressional authorization.  The exact role played by the U.S. in the late-December missile attacks in Yemen, which killed numerous civilians, is still unknown.

But buried in Priest's article is her revelation that American citizens are now being placed on a secret "hit list" of people whom the President has personally authorized to be killed:

After the Sept. 11 attacks, Bush gave the CIA, and later the military, authority to kill U.S. citizens abroad if strong evidence existed that an American was involved in organizing or carrying out terrorist actions against the United States or U.S. interests, military and intelligence officials said. . . .

The Obama administration has adopted the same stance. If a U.S. citizen joins al-Qaeda, "it doesn't really change anything from the standpoint of whether we can target them," a senior administration official said. "They are then part of the enemy."

Both the CIA and the JSOC maintain lists of individuals, called "High Value Targets" and "High Value Individuals," whom they seek to kill or capture.  The JSOC list includes three Americans, including [New Mexico-born Islamic cleric Anwar] Aulaqi, whose name was added late last year. As of several months ago, the CIA list included three U.S. citizens, and an intelligence official said that Aulaqi's name has now been added.  

Indeed, Aulaqi was clearly one of the prime targets of the late-December missile strikes in Yemen, as anonymous officials excitedly announced -- falsely, as it turns out -- that he was killed in one of those strikes.

Just think about this for a minute.  Barack Obama, like George Bush before him, has claimed the authority to order American citizens murdered based solely on the unverified, uncharged, unchecked claim that they are associated with Terrorism and pose "a continuing and imminent threat to U.S. persons and interests."  They're entitled to no charges, no trial, no ability to contest the accusations.  Amazingly, the Bush administration's policy of merely imprisoning foreign nationals (along with a couple of American citizens) without charges -- based solely on the President's claim that they were Terrorists -- produced intense controversy for years.  That, one will recall, was a grave assault on the Constitution.  Shouldn't Obama's policy of ordering American citizens assassinated without any due process or checks of any kind -- not imprisoned, but killed -- produce at least as much controversy?

Obviously, if U.S. forces are fighting on an actual battlefield, then they (like everyone else) have the right to kill combatants actively fighting against them, including American citizens.  That's just the essence of war.  That's why it's permissible to kill a combatant engaged on a real battlefield in a war zone but not, say, torture them once they're captured and helplessly detained.  But combat is not what we're talking about here.  The people on this "hit list" are likely to be killed while at home, sleeping in their bed, driving in a car with friends or family, or engaged in a whole array of other activities.  More critically still, the Obama administration -- like the Bush administration before it -- defines the "battlefield" as the entire world.  So the President claims the power to order U.S. citizens killed anywhere in the world, while engaged even in the most benign activities carried out far away from any actual battlefield, based solely on his say-so and with no judicial oversight or other checks.  That's quite a power for an American President to claim for himself.

As we well know from the last eight years, the authoritarians among us in both parties will, by definition, reflexively justify this conduct by insisting that the assassination targets are Terrorists and therefore deserve death.  What they actually mean, however, is that the U.S. Government has accused them of being Terrorists, which (except in the mind of an authoritarian) is not the same thing as being a Terrorist.  Numerous Guantanamo detainees accused by the U.S. Government of being Terrorists have turned out to be completely innocent, and the vast majority of federal judges who provided habeas review to detainees have found an almost complete lack of evidence to justify the accusations against them, and thus ordered them released.  That includes scores of detainees held while the U.S. Government insisted that only the "Worst of the Worst" remained at the camp.

No evidence should be required for rational people to avoid assuming that Government accusations are inherently true, but for those do need it, there is a mountain of evidenceproving that.  And in this case, Anwar Aulaqi -- who, despite his name and religion, is every bit as much of an American citizen as Scott Brown and his daughters are -- has a family who vigorously denies that he is a Terrorist and is "pleading" with the U.S. Government not to murder their American son:

His anguish apparent, the father of Anwar al-Awlaki told CNN that his son is not a member of al Qaeda and is not hiding out with terrorists in southern Yemen.

"I am now afraid of what they will do with my son, he's not Osama Bin Laden, they want to make something out of him that he's not," said Dr. Nasser al-Awlaki, the father of American-born Islamic cleric Anwar al-Awlaki. . . .

"I will do my best to convince my son to do this (surrender), to come back but they are not giving me time, they want to kill my son.  How can the American government kill one of their own citizens?  This is a legal issue that needs to be answered," he said.

"If they give me time I can have some contact with my son but the problem is they are not giving me time," he said.

Who knows what the truth is here?  That's why we have what are called "trials" -- or at least some process -- before we assume that government accusations are true and then mete out punishment accordingly.  As Marcy Wheeler notes, the U.S. Government has not only repeatedly made false accusations of Terrorism against foreign nationals in the past, but against U.S. citizens as well.  She observes:  "I guess the tenuousness of those ties don't really matter, when the President can dial up the assassination of an American citizen."  

A 1981 Executive Order signed by Ronald Reagan provides: "No person employed by or acting on behalf of the United States Government shall engage in, or conspire to engage in, assassination."  Before the Geneva Conventions were first enacted, Abraham Lincoln -- in the middle of the Civil War -- directed Francis Lieber to articulate rules of conduct for war, and those were then incorporated into General Order 100, signed by Lincoln in April, 1863.  Here is part of what it provided, in Section IX, entitled "Assassinations":

The law of war does not allow proclaiming either an individual belonging to the hostile army, or a citizen, or a subject of the hostile government, an outlaw, who may be slain without trial by any captor, any more than the modern law of peace allows such intentional outlawry; on the contrary, it abhors such outrage. The sternest retaliation should follow the murder committed in consequence of such proclamation, made by whatever authority. Civilized nations look with horror upon offers of rewards for the assassination of enemies as relapses into barbarism.

Can anyone remotely reconcile that righteous proclamation what the Obama administraiton is doing?  And more generally, what legal basis exists for the President to unilaterally compile hit lists of American citizens he wants to be killed?

What's most striking of all is that it was recently revealed that, in Afghanistan, the U.S. had compiled a "hit list" of Afghan citizens it suspects of being drug traffickers or somehow associated with the Taliban, in order to target them for assassination.  When that hit list was revealed, Afghan officials "fiercely" objected on the ground that it violates due process and undermines the rule of law to murder people without trials:

Gen. Mohammad Daud Daud, Afghanistan's deputy interior minister for counternarcotics efforts, praised U.S. and British special forces for their help recently in destroying drug labs and stashes of opium. But he said he worried that foreign troops would now act on their own to kill suspected drug lords, based on secret evidence, instead of handing them over for trial.

"They should respect our law, our constitution and our legal codes," Daud said. "We have a commitment to arrest these people on our own" . . . .

Ali Ahmad Jalali, a former Afghan interior minister, said that he had long urged the Pentagon and its NATO allies to crack down on drug smugglers and suppliers, and that he was glad that the military alliance had finally agreed to provide operational support for Afghan counternarcotics agents. But he said foreign troops needed to avoid the temptation to hunt down and kill traffickers on their own.

"There is a constitutional problem here. A person is innocent unless proven guilty," he said. "If you go off to kill or capture them, how do you prove that they are really guilty in terms of legal process?" . . .

So we're in Afghanistan to teach them about democracy, the rule of law, and basic precepts of Western justice.  Meanwhile, Afghan officials vehemently object to the lawless, due-process-free assassination "hit list" of their citizens based on the unchecked say-so of the U.S. Government, and have to lecture us on the rule of law and Constitutional constraints.  By stark contrast, our own Government, our media and our citizenry appear to find nothing wrong whatsoever with lawless assassinations aimed at our own citizens.  And the most glaring question for those who critized Bush/Cheney detention policies but want to defend this:  how could anyone possibly object to imprisoning foreign nationals without charges or due process at Guantanamo while approving of the assassination of U.S. citizens without any charges or due process?

 UPDATE:  In comments, sysprog documents the numerous countries condemned in 2009 by the U.S. State Department for "extra-judicial killings."  I trust that it goes without saying that it's different (and better) when we do it than when They do it, because we're different (and better), but it still seems worth noting.

UPDATE II:  James Joyner argues that this "hit list" policy is not much different than our drone attacks in Pakistan, which Obama has substantially escalated, and that "no one seems to be complaining about the President's authority" to kill suspected Terrorists there.  Actually, there are substantial questions about the legality of those drone attacks, though the complete secrecy behind which the program operates makes those questions very difficult to address.  Beyond that, though, there's a substantial difference between a government which (a) targets foreign nationals whom it claims are part of a enemy organization and (b) targets its own citizens for assassination without any due process.  They both have substantial legal and moral problems, and killing innocent foreigners is obviously no better than killing one's own innocent citizens, but (a) is at least a fairly common act of war, whereas (b) -- as the U.S. Government itself has long argued -- is a hallmark of tyranny.  There's a much greater danger from allowing a government to target its own citizens for extra-judicial killings.

© 2010 Salon Media Group, Inc

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http://cleaves.zapto.org/news/story-301.html


 
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