ENDING US IMPUNITY
International Civil Society Seeks Answers

International Justice and Impunity: The Case of the United States

INTERNATIONAL JUSTICE AND
IMPUNITY

The Case of the United States

 

EDITORS:
NILS ANDERSSON, DANIEL IAGOLNITZER, DIANA G. COLLIER

Price: $21.95
ISBN: 978-0-932863-57-7
|| Published 2008 || 304 pages

SYNOPSIS    CONTENTS    CONTRIBUTORS    ORDER

SYNOPSIS

Those who seek to bestow legitimacy must themselves embody it; those who invoke international law must themselves submit to it.

Kofi Annan, former Secretary-General, United Nations 

 

This book reflects a primary response by international civil society to US disregard for international law. It is a damning indictment of the Hiroshima’s of our time. It provides a cogent elaboration of the international legal values to be defended, for humanity to triumph over the new wave of global barbarism brought about by the efforts of the United States to consolidate and extend the dimensions of its empire.
 
Once the champion of the United Nations, the United States now skirts the Geneva Conventions, uses international humanitarian law as a pretext for intervention, engages in bombardments causing grave civilian losses, and seeks to expand its options in relation to torture while continuing to render prisoners to countries known for its practice.  Having failed in its effort to block the establishment of the International Criminal Court, the United States still refuses to ratify its Statute—even though the ICC Statute modified the rules of the 1977 Geneva Protocol and The Hague in an effort to satisfy the trajectory pursued by U.S. foreign policy.

The United States’ pursuit of a unilateral imperial policy based on military force destroys the credibility of the nascent international legal framework. Rather, the US is leading the world by example toward a future without rules or values, where humanity is subject to the whims of the more powerful.

Former government officials, scholars, advocates and directors of international organizations operating at the highest level in the areas of international humanitarian law address the relevant international law, the threats thereto by US policy, its ramifications for the world system, and possible avenues of legal recourse.

ISBN: 978-0-932863-57-7  Price: $21.95

THE EDITORS

NILS ANDERSSON and DANIEL IAGOLNITZER
Association for the Defense of International Humanitarian Law (ADIF)

DIANA G. COLLIER
Editorial Director, Clarity Press, Inc.

TABLE OF CONTENTS

Nils Andersson, Daniel Iagolnitzer, VIncent Rivasseau, Diana G. Collier
        
Preface

Ramsey Clark,
         Impunity for Power Is the Law of the Jungle

PART I:  FROM HIROSHIMA TO GUANTANAMO

Tadatoshi Akiba,
         Towards the Abolition of Nuclear Arms:  A Universal Action
Samir Amin
        The Geostrategy of Contemporary Imperialism
Abraham Behar,
        The Elimination of Nuclear Weapons Through International Law,  the American Blockage, the Failure of the NPT
Rudolf El Kareh,
         American Policy in the Middle East and Arab World:  Force, Impunity, Law
Monique Chemillier-Gendreau,
         Impunity and Massive Violations of Humanitarian Law in Vietnam
Les Roberts,
         Mortality After the 2003 Invasion of Iraq
Geneviève Sevrin,
         Guantanamo, a Model of Illegality
William Blum,
        Freeing the World to Death: How the United States Gets Away With It
Pascal Boniface,
        The Strategy of the “Clash of Civilizations” 
Michael Parenti,
        Rulers of the Planet

PART II: HUMANITARIAN LAW: LEGAL AND MORAL VALUES TO DEFEND

Daniel Iagolnitzer
        
International Law Relative to War and the United States: A General Survey
Robert Charvin,
        The Co-optation of Humanitarianism and Its Legal Consequences
Barbara Delcourt
         International Humanitarian Law and the Ordeal of Neo-Conservative Ideology
Jan Myrdal,
        The Necessity of Defending the Rule of Law!
Antoine Bernard,
        What Is at Stake in the New System of International Criminal Justice
 Nuri Albala,
         Universal Jurisdiction for Crimes Against Humanity: A Principle Unacceptable to the Most Powerful

PART III: IN PURSUIT OF AN END TO IMPUNITY

Roland Weyl
,
        No Judicial Progress Is Beyond the Power of the Peoples
Karen Parker,
        On the Draft UN Principles and Guidelines on Human Rights and Terrorism:

Nils Andersson,
         International Humanitarian Law and Terrorism:  the Need to Distinguish Between Combatants and Murderers
Amy Bartholomew,
         “Strategies of the Weak”:  Contesting Empire’s Law through Litigation under International Humanitarian Law
Philip Grant,
        Law Versus the National Interest:  The Role of NGOs
 Jean Bricmont,
        Right of Intervention or International Law
 
Pedro García-Bilbao,
        The Right of Interference and National Sovereignty in the Context of Imperial Impunity
Vincent Rivasseau,
         Towards an International Agency for the Evaluation of the Sufferings Caused by War
Nils Andersson, Daniel Iagolnitzer, Vincent Rivasseau,
         What Can Be Done Today?

CONTRIBUTORS

INDEX OF AUTHORS

CONTRIBUTORS

Honorary Presidents of the Paris Conference

Théo Van Boven
was the representative of The Netherlands to the UN Commission on Human Rights, then Director of the Human Rights Division of the United Nations from 1977 to 1982.  He presently teaches law atthe University of Limbourg.

Pierre Vidal Naquet, historian, militant against torture and against the Algerian War, specialist in Greek history, has also directed numerous works on modern and contemporary history, and taught the sociology of ancient Greece at the French School for Advanced Studies in Social Sciences.

Contributors

Tadatoshi Akiba
, Mayor of Hiroshima, has inspired a powerful upsurge in anti-nuclear activism. As president of the Mayors for Peace, he has increased by one-third the number of member cities. In November 2003, the Mayors for Peace, supported by the cities of Hiroshima and Nagasaki, launched an Emergency Campaign to Ban Nuclear Weapons. This campaign has since received strong endorsements in resolutions passed by the European Parliament, the Conference of U.S. Mayors, International Physicians for the Prevention of Nuclear War (IPPNW), and Abolition 2000. Mayor Akiba and Mayors for Peace won a Global Citizen Award from the Nuclear Age Peace Foundation in 2005. As a part of this campaign, Akiba led a delegation of 19 mayors and deputy mayors from 12 countries to the NPT Preparatory Committee Meeting at UN Headquarters in New York. Akiba has recently travelled to India, Pakistan, England, France, Germany, Russia, the U.S., Canada and China to make personal appeals to university presidents and professors concerning the Hiroshima-Nagasaki Peace Study Project. Several institutions of higher learning (many universities in Japan; American University in Washington, D.C.,Tufts University in Boston, where Akiba taught, and Illinois Wesleyan University in the U.S.; Berlin Technology Institute and Paris Institute of Political Studies in Europe) have already begun offering courses or seminars, and many more are in the planning stages.  Mayor Akiba is a respected leader in the most critical movement of this decade:  the campaign to eliminate nuclear weapons.

Nuri Albala, lawyer, has carried out numerous observation missions, both judicial and for the defense of human rights, notably for the International Association of Democratic Lawyers (Association Internationale des Juristes Democrates); and has worked on problems of international law and the place of the United Nations, as well as on economic, social, and cultural rights in globalization.  He has published numerous articles on these questions.  He is a founding member of Observatoire de la Mondialisation,  President of the Commission, Fundamental Rights and Globalization, and an international director of DROIT-SOLIDARITE (AIJD).

Samir Amin is an Egyptian professor of political economics and development.  He has written more than 30 books including Imperialism & Unequal Development, Specters of Capitalism: A Critique of Current Intellectual Fashions, Obsolescent Capitalism: Contemporary Politics and Global Disorder, Maldevelopment, and The Liberal Virus. His memoirs were published in October of 2006  He is Director of the Third World Forum in Dakar, and President of Forum Mondial des Alternatives.

Nils Andersson, journalist, former editor, founder of La Cité Editeur in Lausanne, has published numerous works denouncing torture during the Algerian war.  He contributed to a number of anthologies and reviews on questions of war in the Balkans and Iraq, and on the UN system.  He is a founding member of the ADIF and member of the French Committee of the Helsinki Federation on Human Rights and of the Advisory Scientific Committee of the Institut de Documentation et de Recherches sur la Paix.

Amy Bartholomew is an Associate Professor of Law at Carleton University, Ottawa.  She was an expert witness at the BRussells Tribunal in April 2004, part of the World Tribunal on Iraq, and on the panel of advocates at its culminating session in Istanbul in June 2005. She is the editor of, and a contributor to, Empire’s Law: The American Imperial Project and the ‘War to Remake the World’ (London: Pluto Press). She has written on human rights and legal and political theory and is currently completing a manuscript on ‘justice without guarantees’.

Abraham Behar, physician, honorary professor of biophysics at the University of Paris VI, is a specialist in nuclear medicine and radiobiology and a former president of the Nobel Prize winning  International Association of Physicians for the Prevention of Nuclear War (IPPNW). He is presently president of its French section and member of the UN Disarmament Commission in Geneva.

Antoine Bernard is a specialist in international public law  (human rights and fundamental freedoms) and consultant at the United Nations Centre of Academic Studies  He has been the permanent representative of the International Federation of Human Rights at the United Nations, then executive secretary and is now Executive Director of this organization (since 1995). He is also associate professor at the University of Paris X.
 
William Blum left the State Department in 1967, abandoning his aspiration of becoming a Foreign Service Officer because of his opposition to what the United States was doing in Vietnam. His book on U.S. foreign policy, Killing Hope: U.S. Military and CIA Interventions Since World War II, has received international acclaim.  Noam Chomsky called it “far and away the best book on the topic.” He is also the author of Rogue State: A Guide to the World’s Only Superpower and West-Bloc Dissident: A Cold War Memoir. His books have been translated into 15 foreign languages.

Pascal Boniface is a specialist in geopolitics, Director of IRIS (Institute of International and Strategic Relations, and professor at the Institute of European Studies of the University of Paris VIII. He is chief editor of La revue internationale et stratégique and L’Année stratégique, member of the Advisory Committee on Disarmament of the United Nations, administrator of the Institut des Hautes Etudes de la Défense Nationale, and member of the support committee to the Académie diplomatique africaine.

Jean Bricmont is professor of theoretical physics at the University of Louvain (Belgium). He has been active in the anti-war movement since 2002. In 2004, he participated in the BRussels Tribunal, which was the first session of the World Tribunal on Iraq. He is the author of a book (in French) about the “humanitarian” justifications of wars.

Robert Charvin is professor of law, honorary president of the University of Law and Economic Sciences at Nice-Sophia Antipolis. He is a former member of Executive Committees of several NGOs, some of which hold an advisory role at the United Nations (ECOSOC): the International Association of Democratic Lawyers (Brussels) and North-South (Geneva). He is presently member of CETIM (Geneva), of the committees of the journals Recherches Internationales (Paris), Utopie Critique (Paris) and Droit Ouvrier (Paris). He is the author of several books on international relations, law and globalization, human rights and individual freedoms.

Monique Chemillier-Gendreau is an honorary professor at the University of Paris VII-Denis Diderot, specializing in public law and political science. She has participated in many procedures before various tribunals and before the International Court of Justice, has been involved in a number of international conflicts, in particular in Asia (Laos-Thailand, Vietnam-China,…), and has been a consultant for UNESCO. She is a regular collaborator with the French journal, Le Monde Diplomatique.

William Ramsey Clark served in the United States Department of Justice as the Assistant Attorney General of the Lands Division, and as Deputy Attorney General. He was director of the American Judicature Society (1963) and president of the Federal Bar Association (1964-65). He then became active in the American anti-war movement, and has become globally known and respected for his continuing advocacy against and for civil and human rights political causes. He is founder of the International Action Center, and with it, one of the more prominent American peace organizations, International ANSWER (Act Now to Stop War and End Racism). He has served as defense counsel to, inter alia, Philip Berrigan and the Harrisburg Seven, Slobodan Milosovic, Saddam Hussein, David Koresh, and US deserter Camelo Mejia.  He is a recipient of the Gandhi Peace Award.

Barbara Delcourt is a professor of social, economic and political sciences, member of the Institute for European Studies, and associated member of the Center of International Law  and Sociology applied to International Law at the Free University (Brussels). She has worked in particular on the relations between international politics and international law on the basis of the European management of the Yugoslavian crisis. Her present research work is oriented on the external and security politics of the European Union, a subject she teaches, and on questions of security.

Rudolf El-Kareh is Professor of Social and Political Sciences and Epistemology, writer and essayist. He is Associate Professor at the ULB ( Brussels), member of the “Center for International Cooperation and Development Studies” (Brussels), and member of the “Center for Contemporary Orient Studies” of the University of Paris III-Sorbonne Nouvelle. He was also professor in the Lebanese University (Beirut) and the Institute for Political Studies of Aix-en-Provence (France). He also is an international consultant for development in Europe, the Arab World and the Mediterranean area. He published hundreds of studies and articles and contributes regularly to Le Monde Diplomatique and the French Journal of Palestine Studies. Among the books he published on conflicts and geopolitics is Informe sobre el Conflicto y la Guerra de Kosovo.

Pedro A. García-Bilbao is a writer and Professor of Sociology at the University Rey Juan Carlos URJC, Spain. He was a member of the Refugees Department, then Coordinator of the Spanish Red Cross Program during the European Year against Racism and Anti-semitism. He is a specialist in forced displacements of populations, in the military sociology of defense, and in the Republican historical memory. He won the Prize for fantastic literature of the Catalan Polytechnical University for his book Fuego sobre San Juan, an ironical history of the US-Spanish 1898 war.

Philip Grant is a lawyer in Geneva, and a specialist in particular in international humanitarian law. He is the author of several scientific publications and editor of the book The struggle against impunity in Swiss Law (in French). He has founded and is president of TRIAL (Track Impunity Always), a Swiss Association against impunity.

Stèphane Hessel remains, at the age of ninety years, French Ambassador to the United Nations. A veteran of  the French Resistance, he participated in the drafting of the Universal Declaration of Human Rights in 1948. 

Daniel Iagolnitzer is a former professor of physics, founding member and co-president of the ADIF. He is the author of the book International Law and War: Evolution and Present Problems (in French).

Jan Myrdal, writer and essayist, has lived in different European countries and in Afghanistan, China, India, and Mexico He has published some ninety volumes: novels, plays, political commentaries;  literary and art criticism; sociology, books on Afghanistan, Central Asia, China, India, and Mexico. He has produced feature films and documentaries. His exhibitions and art-books (together with Gun Kessle) inter alia on Romanesque art in Norway and France, on Buddhist cave art along the Silk Road, on French political graphic art. He holds an honorary Ph.D. from Nankai University China (for Report from a Chinese Village), and Honorary Doctor of Literature from Upsala College N.J. USA (for Confessions of a Disloyal European).
.
Michael Parenti received his Ph.D. in Political Science from Yale University. He is an award winning author and activist who has published some 250 articles and 19 books, including  Superpatriotism (2004), and The Assassination of Julius Caesar (2003) which won the Book of the Year Award (non fiction) from Online Review of Books, and The Culture Struggle  (2005). Various works of his have been translated into some twenty languages. He lectures frequently in North America and abroad, and has appeared on many radio and television talk shows.

Karen Parker is an attorney from the United States (San Francisco) who specializes in human rights and humanitarian law. She is co-founder of the Association of Humanitarian Lawyers. She has represented NGOs at United Nations human rights fora for over 20 years, and has made substantial contributions to special UN reports such as those on economic sanctions, weapons (including weapons containing depleted uranium), and human rights and terrorism. She is the attorney on a case at the Organization of American States brought by the Association of Humanitarian Lawyers against the United States for attacking medical facilities in Falluja.

Vincent Rivasseau is a professor of physics at the University of Paris XI. He is involved in various actions in relation to human rights and international humanitarian law, and to the scientific development of Africa. He is a member of the Executive Committee of the African Institute for Mathematical Sciences (South Africa).

Les Roberts has a Masters degree in public health from Tulane University and a Ph.D. in environmental engineering from Johns Hopkins.  He did a post-doctorate fellowship in epidemiology at the Centers for Disease Control and Prevention where he worked for 4 years.  In 1994, he worked as an epidemiologist for the World Health Organization in Rwanda during their civil war.  He was Director of Health Policy at the International Rescue Committee from Dec. 2000 until April of 2003.  He is presently a lecturer at the Johns Hopkins University Department of Geography and Environmental Engineering where he teaches each fall, and teaches in the Columbia Program on Forced Migration and Health each spring.

Geneviève Sevrin is president of the French section of Amnesty International

Roland Weyl is a lawyer and is vice-president of the International Association of Democratic Lawyers (IADL).


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