ACCOUNTABILITY FOR INT’L CRIMES
Panel: Jonathan Moore (Police brutality lawyer in NEW YORK); Jeanne Mirer (Sec-Gen, IADL), Mr. Hoang The Li (Dep. Minister of Vietnam Lawyer's Association), Mr. Mario Joseph (Lawyer, Haiti)
General Theme -- Questions of Reparations for victims of war, slavery, unjust intervention.
Accountability for International Crimes
Sunday June 7, 2008
A. Mr. Hoang The, Deputy Minister of
a. Crucial for us to guarantee justice for human beings
b. When looking at the international community, we must see individuals as we see ourselves
c. Questions raised
i. Feasibility of compensation for victims?
ii. Responsibility of the government in the legal system within each country?
iii. Is it feasible for us to expand the scope of accountability to third parties?
iv. What is the role of the International Criminal Court?
1. It needs to be an effective instrument for justice
2. ICC needs to ensure justice in the daily lives of people
3. How should the ICC interfere with roles of national governments?
v. Clarify the following:
1. Judicial rights? DO judicial rights affect the sovereignty of each nation?
2. Focus on corporate accountability and responsibility
3. Define the responsibilities of corporations in relation to the crimes committed
d. We need to look at the efforts made by different nations and come together in unity for each other’s concerns
B. Morning Session: Compensation ad legal responsibilities
a. Compensation for victims of Agent Orange- a presentation by Nguyen Dac Nhu-Mai of Vietnam
b. Chemical warfare under the US program,
c. US Army sprayed over 10,000 chemical substances over the area of
d. Tons of timber have been lost and millions of people have been victims of this chemical warfare
e. Affects the world ecological system.
f. Affected Vietnamese and American soldiers
g. Agent Orange was the most toxic substance used- Dioxin
h. A remedy depends on the amount of intake of the toxic substance- some cause cancer, others death
i. Crimes have cause pain, suffering, and anguish to 3-4 million people and their families (majority are civilians).
j. US Army has used more than 3,000 tons of toxic substances. Entire populations in Vietnam have been wiped out, especially in the mountains
k. Average amount is 360 kg of agent orange used during the chemical warfare in southern Vietnam.
l. We need to analyze the land of Vietnam in relation to this toxic substance. The toxic level created by the US Army on the Vietnamese land is the highest in the world.
m. We need to reduce the toxic levels.
n. The levels of toxins in the land are thousands times greater than the minimum environmental regulations set forth by the US government.
o. Average amount of toxins in blood is 1.9% PPT.
p. Government has recognized the need to help the people affected by this chemical warfare.
q. Vietnamese scientists have carried out and we receive a lot of assistance from the international community
r. Agent Orange has had a negative effect on the people and 3-4 generations from the victims.
s. Chemical warfare is not a weapon of mass destruction for just one generation but a weapon of mass destruction for many generations to come and long-term effects on the soil, air, and water in the area.
t. The US government knew the effects of this substance on the land.
u. US violated international law: Geneva Convention in 2005.
v. People must be held accountable for their crimes.
w. www.iadllaw.org – section on website address international campaigns.
x. Compensation for Vietnamese victims of Agent Orange is an international campaign.
y. The issues explained on the website will be elaborated in the future.
C. Afternoon Session: Comprehensive Remedy and responsibility of the International Court
a. Mr. Mario Joseph of Haiti
i. Haiti was the first to carry out the revolution
ii. Haitians have been killed by US troops so they could explore our gold mines.
iii. The US has exploited worked.
iv. Haitians suffer from the long term effects of colonialism.
v. Many Haitians still live in exile.
vi. In 1904, the French colonialized.
vii. Haitians have been liberalized and we have created a nation-wide solidarity campaign to fight against exploitation.
viii. UN needs to send a special envoy to Haiti to prevent Haitians from being victims of unrest.
ix. Haitians are helpless because the United States prevents stabilization.
x. Haiti would like for more people globally to be aware of their situation.
b. Korea Democratic Lawyers Association from People’s Democratic Republic of Korea
i. Crimes committed before 1945 against the Asian people by Japan
ii. Slavery crimes are still committed today.
Madame Mai:
- Technical aspects of Int’l Court of Conscience for victims of Agent Orange in Vietnam.
o Organized by IADL: Consisted of 7 Int’l Lawyers
- Present photos of court held in Court, 15-16 May, 2009.
- Testimony presented by victims: “Justice for Vietnam Ribbons”
o Vietnamese civilians, former US GIs, GIs from other nations like South Korea involved.
- War Crime under Art 6(b) of Nuremburg Convention – using dioxin is a war crime.
o War also pronounced illegal/unjust
o Intergenerational Ramifications
- Verdict: USG & companies complicit in atrocities are responsible for compensation to victims
o Amount is yet to be calculated
o And the amount should be transferred over a period of 4 weeks.
Lawyer & Professor of Law in Vietnam: Prof. Liew Win Dat (?)
- Three Points:
o Who are the perpetrators of crime?
o How to ask for compensation to USG & Companies?
o What should be the guiding principal for compensation?
- Intl Crim Law insuff to fit the context of this situation à doesn’t include crimes committed by ecoside
- Effects of Ecoside
o Damage of human health not sufficient. This was used as a mechanism to commit genocide – despite controversy
o USG & Companies have not recognized their rights as neither participated in Tribunal.
§ Problems: (1) how can we engage them in enforcing the Tribunal’s decision?
· Perhaps the UN? Potentially with UN’s HRC?
§ (2) Estimating damages
o Why did they still commit these crimes knowing they were int’l crimes? Especially applicable to Iraq…
- Ends with Ho Chi Minh quote: “unite, unite, unite…success, success, success”
- Recommendations:
o Not solely Vietnamese but a global issue – holding US accountable for their responsibility
o Attain Success Now or in the Future.
Jeannie Mirer:
- Unsuccessful in US Courts – it was a legal weapon bc it was a herbicide and there was no int’l law classifying dioxin as illegal – loss of life and property was pronounced collateral damage
- There have hearings on this in the US congress, so perhaps resolution through legislative means, but long struggle.
- www.iadllaw.org: Link to IADL’s int’l campaign for Vietnamese victims of Agent Orange.
- Q: In the proceedings going fwd in US Congress, are the claims of Vietnamese being combined with claims of US Veteran? Would it be of any benefit to take this claim in fornt of the HRC to embarrass the US, and perhaps lead to some sort of settlement?
- A (Moore): There was a case filed in 1979 re injuries caused by exposure to Dioxin; ready for trial 1984, only against chemical industry, not USG (couldn’t do it), and they settled for $180 million; very small amount for catastrophic damages. “best they could do at that point”
o Veterans whose illnesses revealed after the settlement were first rejected (collateral estoppels) but then later permitted by the SCOTUS; yet then the case of Vietnamese seeking compensation was dismissed by all courts.
o Change towards US vets in 1990s – US Vets began being compensated for injuries ssustained by Agent Orange as long as they can show they served in Vietnam during the period Agent Orange was used, and they were in the area that it was sprayed, and they had an illness identified by US Inst of Medicine that is caused by Agent Orange.
o As of 2005, 160,000 US Veterans receiving full compensation for Agent Orange related illness, despite their level of exposure was very short, where as the Vietnamese lived under this for three years.
o Currently $1.5B spent annually on compensating US Vets.
o This is gravely iniquitous and by setting up tribunals like Paris, we are trying to build world opinion on this issue. Those who paid for these toxins, who made them, knowing their consequences should pay for it.
o There is an effort to bring this claim to HRC and working with reps in Geneva.
- Comment: Fabio: No question there is an int’l crime, and a denial of justice by the USG bc there was no oppt given by the US to bring claims This case should characterize IADL for the coming years along with the Cuban five.
o Mechanisms: (1) HRC, (2) bring a resolution in front of the UN GA, following art 86 of the UN Charter to bring this issue in front of the ICJ for a consultative opinion.
§ Issues to ask: violation of crimes, denial of justice, consequences 1 & 2.
§ The ICJ can give a consultative opinion.
- Vietnamese Doctor, Emotional Account:
o Birth defects on those affected. She personally experienced the effects of the war, but what she is saddened by the impacts of US on Vietnamese environment, land, and people. Unfair that US Vets are compensated, but not Vietnamese people.
- Mr. Hasan from Lebanon: There are common issues bt situation of Vietnam and Lebanon – wants to collaborate on finding a solution. Reasons why they share the problem:
o Problems with HRC: no enforcement mechanism, no legal voice, jus community voice to create pressure.
o Bring the case to International Courts, write all of the legal bases for this case and raise in the ICJ – two bases:
§ (1) against one nation that has caused int’l crimes and US should bear the responsibility in front of the int’l criminal tribunal
§ (2) There are individual grievances – and bring this case to UNSC to seek resolution from them, Art. 337. Art. 22 in UN Charter concerning establishment of ad hoc commission or agencies to deal with such problems
§ (3) Get USG & Companies to acknowledge chemical warfare.
Mr. Mario Joseph (Haiti)
- Haiti was one of the first nations to be a victim of neoliberal economic reforms.
- Shares impact of imperialism, especially US-led attacks (since 1915) for Haiti’s ‘gold mines’
- US set up a puppet regime in Haiti & recruited many people to extract gold – leading to victimization of Haitian people. Many Haitians live in exile.
- After gaining independence, French has paid $150 million for exploitation of ancestors, but such an amount is both insufficient and insignificant compared to the damages incurred.
- Goal: Prevent extraction and exploitation of natural resources.
- Since 2004, Haiti has been led by a US led commission to stabilize Haiti’s political situation.
o 2003, there was political unrest, UN intervened to stabilize the political situation there and the unrest spread to the D.R.
o 2004, President was kidnapped & UNSC created a resolution calling upon US & Canada to send peace troops to stabilize the conditions on the island.
- Seeks the UN to send special rapporteur to Haiti to stop/report on the attacks there, especially attacks on innocent individuals.
- No justice attained for ‘extrajudicial killings’ and US military intervention.
- Q: How did UN troops arrive in Haiti? What’s the Rule of Law like in Haiti?
- Q: (from Korean Democratic Lawyers Committee) DPRK: crimes committed by Japan against Asians, unless the past is corrected properly – future cannot be corrected.
o Issue of comfort women, forced labor of 6 million Korean, forcefully drafted millions of Asian people, slavery
o Apologize and compensate Japan, in accordance with Geneva convention, violations of Koreans in Japan, UDHRs, etc.
o He asks for establishment for another tribunal.
Right to Peace:
- Japan in Somalia:
o Japan has a peace Constitution but it sent a troops to Somalia with guns
o They would have fired if they had found weapons on a Malta ship – these ships sent were patrol aircrafts. This would be a change in policy because before it was supposed to be completely defensive. Now Japan is trying to make these arrangements permanent.
o Historical background to Pirates firing Japanese ships – acts of piracy have become frequent due to development crisis there: government collapse so they cannot control their territorial waters, they do not have control over their territory, giving rise to Islamic warlord forces
o What is needed is to improve economic situation—int’l cooperation to rebuilding the country so they don’t have to resort to piracy.
o UN GA responded under Chap 7, that use of naval vessels and use of force – same as Bush response after 9.11.
o US is considering bombing strongholds of pirates on ground. What japan is doing with patrol aircrafts is participating in US opearations to end piracy. This violates US convention of law of sea wheich tries to contorl priacy as crimes, but not without military response.
o This response would instead of eradicating problem would make pirates heroes in their nations.
o New challenges to protect peace constition:
§ Japan has never sent combat forces aborad.
§ Self defense forces have NEVER fired forces—but this situation permits such a situation from arising.
- Eric Svodkin, NLG, Korean Peace Project:
o We have normalized relations with Vietnam, exchanged ambassadors – but we have failed to do that with DPRK.
o No relations and no basis for conversation. There is no way to peace, peace is the way (Gandhi)
o Why isn’t state recognition a prerequisite to negotiations – state of war continues.
o In 1953, with no peace treaty, only with an armistice agreement to stop shooting. It required parties to get together to negotiate a peace treaty, there was a meeting in Europe but there were no discussions since until recently.
o Maintaining a virtual state of war and run war games on border, embargoes, and little dialogue, state of world peace is in jeapordy.
o We need peace bc:
§ (1) Legal Right to Peace. UN resolution 3911 – it is the people’s right to peace—not governments. It demands states eliminate war and threat of war ; int’l diputes settled through peaceful means; states hae to d otheri upmost for people’s right to peace.
§ What has happened in Korea? People’s right to peace.
§ Urging all nations to start a peace project on Korea…What does the Korean conflict bring to us?
· Nuclear Non-Proliferation of ALL countries
· Issues of mass-war crimes and massacres.
o Learn about the shocking instances war in South Korea.
· SK govt Truth & Reconciliation Commission found 100,000+ killed by SK & US forces beforethe war even began.
· Fear in Japan that is used as a reason to repeal Art. 9
o Peace in NE Asia s Close. This is because both sides have unification ministers, and draft plans on reunification, but it has often been the US & Japan that have stood in the way of peace in Korea.
o This issue brings the problem of abuse of UN powers. Using UN banner to carry out atrocities across in Korean war
o NO exit strategy for 28,000 troops in SK!! We need to move out today
- Under Right to Peace : we need to stand firm with People of Korea that they have a right to peace.
- Importance of this mission:
o Goal is to support reunification of N-S Korea, while showing solidarity, and currentl militarism of the US is misguided.
o UN must continue efforts to pursue rights to peace in the future.
- We can no longer afford a culture of war, and shirfiing our culture from mainitaing a astate of war to a state of peace.
- Currently, US spends more in Korea than the US spends on MDG agenda on human security, human rights & education.
- Focus NOT on the past – but on the future. Building a peace culture.
Accountability for Int’l Crimes:
Mr. Hasan Juni, Lebanon:
- Holding US companies accountable for producing weapons used against middle eastern people.
- Using CIL and international universal jurisdiction in bringing such cases. The courts in Spain did not respond to our concerns because they did not receive anything from Israel.
- Universal jurisdiction needs to become less rigid, and the Geneva Conventions need to be implemented and executed globally.
- Discussed role of international judicial institutions in bringing peace.
- Subjectively, he is unsure about int’l jurisdiction, but we need int’l solidarity to attain justice, bc currently we feel that we are living in a world without justice. How can we tweak existing organizations to deliver the basic promises of UDHRs.
Dr. Lee Duk Han, Universal Jurisdiction:
- Three points:
o 1) the scale of jurisdiction
o 2) impact of such jurisdiction
o 3) challenges facing them..
A. Writ of Amparo (for property and humans): Extrajudicial Killings in the Philippines
a. Representative of Parliament, Neri Colmenares
b. Escalating human rights violations
i. Enforced or involuntary disappearance
ii. Extra judicial killings
iii. Impunity
c. Under the Arroyo government between Jan 21, 2001 to September 31, 2008, many people disappeared. Many were murdered with no investigation.
d. Make sure that laws are passed so the perpetrators can be prosecuted
e. Writ of Amparo was taken from the Mexican legal system and was imposed in the Philippines
f. In addition to the Writ of Amparo, they also have the Writ of Habeas Corpus.
i. It’s a remedy available whose right to life, liberty, and security is violated or threatened with violation by an unlawful act or omissions of a public official or employee.
ii. Who can file the Writ?
1. The aggrieved party or
2. Any qualified person
a. Any members of the immediate family of the aggrieved party
b. Any relative within the 4th degree
c. Any concerned citizen or association if there is no known members of the immediate family or relative of the aggrieved party.
iii. The petition may be filed at any day at any time with the Regional Trial Court of the place where the threat, act, or omission was committed.
g. The Writ of Amparo gives an opportunity where we can pierce through the veil of immunity and take a steps to hold the perpetrator accountable.
h. The judiciary has been very passive for a long time and now the Supreme Court has come in with the Writ of Amparo.
i. We need to find creative ways to hold governments accountable for their crimes.
j. We can creatively advance the struggle without abandoning the traditional means of bringing justice.
k. We must deal with these human rights violations systematically. We can use universal jurisdiction.
l. Lawyers in the Philippines (National Association of Peoples’ Lawyers) face extreme pressure in doing their work. One of our members were captured and the government was forced to release him only with pressure from outside lawyers in more powerful countries.
m. They need international lawyers to express concern when they are in the Philippines. Come to the Philippines to do a fact-finding mission so the People’s Lawyers in the Philippines can show us the situation.
n. When people from the countries of the UK, US, China, and the EU speak out, it saves lives. It saves murders, executions, extra judicial killings.
o. Certain governments are very important to the Philippines. The US and military aid is very important to the Philippine government
Documentary on Agent Orange -- *Absolutely Amazing*
Anurag Gupta & Alison McCrary
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