- #36
pelastration
- 165
- 0
Crimes against humanity, War crimes
Why did US Opposition to the International Criminal Court?
You don't have to be a rocket scientist to figure out. USA wants to have also 'freedom' to act outside human rights.
http://www.nytimes.com/2004/05/02/international/middleeast/02ABUS.html
The Army Reserve general whose military police officers were photographed as they mistreated Iraqi prisoners said Saturday that she had been "sickened" by the pictures and had known nothing about the sexual humiliation and other abuse until weeks later.
But the officer, Brig. Gen. Janis Karpinski of the 800th Military Police Brigade, said the special high-security cellblock at the Abu Ghraib prison, west of Baghdad, where the abuses took place had been under the tight control of a separate group of military intelligence officers who had so far avoided any public blame.
In her first public comments about the brutality — which drew wide attention and condemnation after photographs documenting it were broadcast Wednesday night by CBS News — General Karpinski said that while the reservists involved were "bad people" and deserved punishment, she suspected they were acting with the encouragement, if not at the direction, of military intelligence units that ran the special cellblock used for interrogation.
Speaking in a telephone interview from her home in South Carolina, the general said military commanders in Iraq were trying to shift the blame exclusively to her and the reservists.
"We're disposable," she said of the military's attitude toward reservists. "Why would they want the active-duty people to take the blame? They want to put this on the M.P.'s and hope that this thing goes away. Well, it's not going to go away."
She said the special cellblock, known as 1A, was one of about two dozen in the large prison and was essentially off limits to soldiers who were not part of the interrogations.
----
More photos indicate it were not a number of isolated incidents: http://www.albasrah.net/images/iraqi-pow/iraqi-pow
----
Amnesty International: ""Our extensive research in Iraq suggests that this is not an isolated incident. It is not enough for the USA to react only once images have hit the television screens". http://web.amnesty.org/library/index/engmde140172004
----
Since it becomes more and more clear that there is a kind of systematic behavior of US military or secret services in the the treatment of prisoners in Iraq we can look under what category of International crime they come.
Make your choice:
Article 7 (1) (f) Crime against humanity of torture 14
Elements
1. The perpetrator inflicted severe physical or mental pain or suffering upon one or more persons.
2. Such person or persons were in the custody or under the control of the perpetrator.
3. Such pain or suffering did not arise only from, and was not inherent in or incidental to, lawful sanctions.
4. The conduct was committed as part of a widespread or systematic attack directed against a civilian population.
5. The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population.
Article 7 (1) (g)-1 Crime against humanity of rape
Elements
1. The perpetrator invaded 15 the body of a person by conduct resulting in penetration, however slight, of any part of the body of the victim or of the perpetrator with a sexual organ, or of the anal or genital opening of the victim with any object or any other part of the body.
2. The invasion was committed by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or another person, or by taking advantage of a coercive environment, or the invasion was committed against a person incapable of giving genuine consent. 16
3. The conduct was committed as part of a widespread or systematic attack directed against a civilian population.
4. The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population.
Article 7 (1) (g)-6 Crime against humanity of sexual violence
Elements
1. The perpetrator committed an act of a sexual nature against one or more persons or caused such person or persons to engage in an act of a sexual nature by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or persons or another person, or by taking advantage of a coercive environment or such person’s or persons’ incapacity to give genuine consent.
2. Such conduct was of a gravity comparable to the other offences in article 7, paragraph 1 (g), of the Statute.
3. The perpetrator was aware of the factual circumstances that established the gravity of the conduct.
Article 7 (1) (h) Crime against humanity of persecution
Elements
1. The perpetrator severely deprived, contrary to international law, 21 one or more
persons of fundamental rights.
2. The perpetrator targeted such person or persons by reason of the identity of a group or collectivity or targeted the group or collectivity as such.
3. Such targeting was based on political, racial, national, ethnic, cultural, religious, gender as defined in article 7, paragraph 3, of the Statute, or other grounds
that are universally recognized as impermissible under international law.
4. The conduct was committed in connection with any act referred to in article 7, paragraph 1, of the Statute or any crime within the jurisdiction of the Court. 22
5. The conduct was committed as part of a widespread or systematic attack directed against a civilian population.
6. The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population.
Article 7 (1) (i) Crime against humanity of enforced disappearance of persons 23,24
Elements
1. The perpetrator:
(a) Arrested, detained 25,26 or abducted one or more persons; or
(b) Refused to acknowledge the arrest, detention or abduction, or to give information on the fate or whereabouts of such person or persons.
2. (a) Such arrest, detention or abduction was followed or accompanied by a refusal to acknowledge that deprivation of freedom or to give information on the
fate or whereabouts of such person or persons; or
(b) Such refusal was preceded or accompanied by that deprivation of freedom.
3. The perpetrator was aware that: 27
(a) Such arrest, detention or abduction would be followed in the ordinary course of events by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of such person or persons; 28 or
(b) Such refusal was preceded or accompanied by that deprivation of freedom.
4. Such arrest, detention or abduction was carried out by, or with the authorization, support or acquiescence of, a State or a political organization.
5. Such refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of such person or persons was carried out by,
or with the authorization or support of, such State or political organization.
6. The perpetrator intended to remove such person or persons from the protection of the law for a prolonged period of time.
7. The conduct was committed as part of a widespread or systematic attack directed against a civilian population.
8. The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population.
Article 8 (2) (a) (ii)-1 War crime of torture
Elements 35
1. The perpetrator inflicted severe physical or mental pain or suffering upon one or more persons.
2. The perpetrator inflicted the pain or suffering for such purposes as: obtaining information or a confession, punishment, intimidation or coercion or for any reason
based on discrimination of any kind.
3. Such person or persons were protected under one or more of the Geneva Conventions of 1949.
4. The perpetrator was aware of the factual circumstances that established that protected status.
5. The conduct took place in the context of and was associated with an international armed conflict.
6. The perpetrator was aware of factual circumstances that established the existence of an armed conflict.
Article 8 (2) (a) (ii)-2 War crime of inhuman treatment
Elements
1. The perpetrator inflicted severe physical or mental pain or suffering upon one or more persons.
2. Such person or persons were protected under one or more of the Geneva Conventions of 1949.
3. The perpetrator was aware of the factual circumstances that established that protected status.
4. The conduct took place in the context of and was associated with an international armed conflict.
5. The perpetrator was aware of factual circumstances that established the existence of an armed conflict.
Article 8 (2) (a) (iii) War crime of wilfully causing great suffering
Elements
1. The perpetrator caused great physical or mental pain or suffering to, or serious injury to body or health of, one or more persons.
2. Such person or persons were protected under one or more of the Geneva Conventions of 1949.
3. The perpetrator was aware of the factual circumstances that established that protected status.
4. The conduct took place in the context of and was associated with an international armed conflict.
5. The perpetrator was aware of factual circumstances that established the existence of an armed conflict.
Why did US Opposition to the International Criminal Court?
You don't have to be a rocket scientist to figure out. USA wants to have also 'freedom' to act outside human rights.
http://www.nytimes.com/2004/05/02/international/middleeast/02ABUS.html
The Army Reserve general whose military police officers were photographed as they mistreated Iraqi prisoners said Saturday that she had been "sickened" by the pictures and had known nothing about the sexual humiliation and other abuse until weeks later.
But the officer, Brig. Gen. Janis Karpinski of the 800th Military Police Brigade, said the special high-security cellblock at the Abu Ghraib prison, west of Baghdad, where the abuses took place had been under the tight control of a separate group of military intelligence officers who had so far avoided any public blame.
In her first public comments about the brutality — which drew wide attention and condemnation after photographs documenting it were broadcast Wednesday night by CBS News — General Karpinski said that while the reservists involved were "bad people" and deserved punishment, she suspected they were acting with the encouragement, if not at the direction, of military intelligence units that ran the special cellblock used for interrogation.
Speaking in a telephone interview from her home in South Carolina, the general said military commanders in Iraq were trying to shift the blame exclusively to her and the reservists.
"We're disposable," she said of the military's attitude toward reservists. "Why would they want the active-duty people to take the blame? They want to put this on the M.P.'s and hope that this thing goes away. Well, it's not going to go away."
She said the special cellblock, known as 1A, was one of about two dozen in the large prison and was essentially off limits to soldiers who were not part of the interrogations.
----
More photos indicate it were not a number of isolated incidents: http://www.albasrah.net/images/iraqi-pow/iraqi-pow
----
Amnesty International: ""Our extensive research in Iraq suggests that this is not an isolated incident. It is not enough for the USA to react only once images have hit the television screens". http://web.amnesty.org/library/index/engmde140172004
----
Since it becomes more and more clear that there is a kind of systematic behavior of US military or secret services in the the treatment of prisoners in Iraq we can look under what category of International crime they come.
Make your choice:
Article 7 (1) (f) Crime against humanity of torture 14
Elements
1. The perpetrator inflicted severe physical or mental pain or suffering upon one or more persons.
2. Such person or persons were in the custody or under the control of the perpetrator.
3. Such pain or suffering did not arise only from, and was not inherent in or incidental to, lawful sanctions.
4. The conduct was committed as part of a widespread or systematic attack directed against a civilian population.
5. The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population.
Article 7 (1) (g)-1 Crime against humanity of rape
Elements
1. The perpetrator invaded 15 the body of a person by conduct resulting in penetration, however slight, of any part of the body of the victim or of the perpetrator with a sexual organ, or of the anal or genital opening of the victim with any object or any other part of the body.
2. The invasion was committed by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or another person, or by taking advantage of a coercive environment, or the invasion was committed against a person incapable of giving genuine consent. 16
3. The conduct was committed as part of a widespread or systematic attack directed against a civilian population.
4. The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population.
Article 7 (1) (g)-6 Crime against humanity of sexual violence
Elements
1. The perpetrator committed an act of a sexual nature against one or more persons or caused such person or persons to engage in an act of a sexual nature by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or persons or another person, or by taking advantage of a coercive environment or such person’s or persons’ incapacity to give genuine consent.
2. Such conduct was of a gravity comparable to the other offences in article 7, paragraph 1 (g), of the Statute.
3. The perpetrator was aware of the factual circumstances that established the gravity of the conduct.
Article 7 (1) (h) Crime against humanity of persecution
Elements
1. The perpetrator severely deprived, contrary to international law, 21 one or more
persons of fundamental rights.
2. The perpetrator targeted such person or persons by reason of the identity of a group or collectivity or targeted the group or collectivity as such.
3. Such targeting was based on political, racial, national, ethnic, cultural, religious, gender as defined in article 7, paragraph 3, of the Statute, or other grounds
that are universally recognized as impermissible under international law.
4. The conduct was committed in connection with any act referred to in article 7, paragraph 1, of the Statute or any crime within the jurisdiction of the Court. 22
5. The conduct was committed as part of a widespread or systematic attack directed against a civilian population.
6. The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population.
Article 7 (1) (i) Crime against humanity of enforced disappearance of persons 23,24
Elements
1. The perpetrator:
(a) Arrested, detained 25,26 or abducted one or more persons; or
(b) Refused to acknowledge the arrest, detention or abduction, or to give information on the fate or whereabouts of such person or persons.
2. (a) Such arrest, detention or abduction was followed or accompanied by a refusal to acknowledge that deprivation of freedom or to give information on the
fate or whereabouts of such person or persons; or
(b) Such refusal was preceded or accompanied by that deprivation of freedom.
3. The perpetrator was aware that: 27
(a) Such arrest, detention or abduction would be followed in the ordinary course of events by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of such person or persons; 28 or
(b) Such refusal was preceded or accompanied by that deprivation of freedom.
4. Such arrest, detention or abduction was carried out by, or with the authorization, support or acquiescence of, a State or a political organization.
5. Such refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of such person or persons was carried out by,
or with the authorization or support of, such State or political organization.
6. The perpetrator intended to remove such person or persons from the protection of the law for a prolonged period of time.
7. The conduct was committed as part of a widespread or systematic attack directed against a civilian population.
8. The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population.
Article 8 (2) (a) (ii)-1 War crime of torture
Elements 35
1. The perpetrator inflicted severe physical or mental pain or suffering upon one or more persons.
2. The perpetrator inflicted the pain or suffering for such purposes as: obtaining information or a confession, punishment, intimidation or coercion or for any reason
based on discrimination of any kind.
3. Such person or persons were protected under one or more of the Geneva Conventions of 1949.
4. The perpetrator was aware of the factual circumstances that established that protected status.
5. The conduct took place in the context of and was associated with an international armed conflict.
6. The perpetrator was aware of factual circumstances that established the existence of an armed conflict.
Article 8 (2) (a) (ii)-2 War crime of inhuman treatment
Elements
1. The perpetrator inflicted severe physical or mental pain or suffering upon one or more persons.
2. Such person or persons were protected under one or more of the Geneva Conventions of 1949.
3. The perpetrator was aware of the factual circumstances that established that protected status.
4. The conduct took place in the context of and was associated with an international armed conflict.
5. The perpetrator was aware of factual circumstances that established the existence of an armed conflict.
Article 8 (2) (a) (iii) War crime of wilfully causing great suffering
Elements
1. The perpetrator caused great physical or mental pain or suffering to, or serious injury to body or health of, one or more persons.
2. Such person or persons were protected under one or more of the Geneva Conventions of 1949.
3. The perpetrator was aware of the factual circumstances that established that protected status.
4. The conduct took place in the context of and was associated with an international armed conflict.
5. The perpetrator was aware of factual circumstances that established the existence of an armed conflict.
Last edited by a moderator: