Hospitals & Asylums
International Bar Association ICC Monitoring and Outreach Programme HA-27-6-06
1. The International Bar Association (IBA) Human Rights Institute Report “ICC
Monitoring and Outreach Programme” First Outreach Report of June
2006 complements the case of Jose
Antonio Ocampo, Under Secretary General of the Department of Economic and
Social Affairs v. Luis Moreno-Ocampo, Chief Prosecutor of the International
Criminal Court HA-22-6-06
where disciplinary action is sought against the International Criminal Tribunal
for the Former Yugoslavia including reparations to the author whose cases were
murdered and the hostel takeover of the tribunal by a civil International
Tribunal for Eastern Europe to restore balance to the Hague and establish
conditions where there could be “Justice” in Peace Palace.
2. As security measure to protect the public
from the genocidal superior orders that are obviously issuing from the Hague it
has been requested that communications and relations be quarantined to the Bar
Association to prevent the employment of poison and formation of death squads
and slavery pacts in retaliation against their lawyers. We shall assume that the existence of the ICC
is justified but cannot tolerate an international conspiracy of prosecutors and
police chiefs to seize control of society and the tried and true counsel of the
Bar Association is sought in every communication of the ICC and the conclusion
of the inferior tribunals of international slavery to assure that the ICC is not
staging an international military offensive.
3. The issue being debated is found in Rule
13 of the Rules of Procedure and Evidence that provides that the Registrar has:‘.the
responsibility to receive, obtain and provide information, to establish
channels of communication with States and to serve as the channel of
communication between the Court and States, Inter-governmental Organisations
and Non-Governmental Organisations.’ The
combination of ICC proceedings, the principle of complementarity, and implementation
of the Rome Statute into domestic law can create a momentum towards building
the capacity of the domestic legal system to deal with the ‘most serious crimes
of international concern’. However, in order to fully realize the
complementarity principle, the Court must engage with domestic legal
communities.
4. Whereas there is significant evidence that
the criminal tribunals and court engage in secret communications and bio-terrorist
plots with the very misbehaving prosecutors and generals that are brought
before them for discipline we must protect ourselves from being overrun by the
potential for fascist revolution presented by the Hague at its current status
quo by assuring that all communications are served upon the relevant Bar
Association so that they are not dealing in the dark with the criminals they
are sworn to protect us against – prosecutors and generals. The ICC and tribunals must cooperate
exlusively with the Bar Association in their relations and communications with
states and non governmental organizations. Arrest warrants are the best example of cases where the counsel of
the relevant Bar Association should be sought before making such declarations
of war.
5. In example on 16 December 2003, the
Ugandan Government referred the situation of northern Uganda to the ICC. This
referral was announced by the Prosecutor, Luis Moreno Ocampo, in a joint press
conference with President Museveni in London on 29 January 2004 and the
Prosecutor began investigations in July 2004. On 8 July 2005, arrest warrants
were issued, under seal, against five LRA leaders: J Kony, V Otti, R Lukwiya, O
Odhiambo and D Ongwen. D Ongwen was reported to have been killed on
2 October 2005, and none of the others have yet been detained. Our biggest fear is that arrest warrants
will be an excuse for military forces to go in all guns blazing and these
children will be killed or injured in a hail of bullets.’
6. In Prosecutors v Morrison Kallon,
the Appeals Chamber of the Special Court for Sierra Leone held that, there is a
‘crystallizing international norm that a government cannot grant amnesty for
serious violations of crime under international law’. Mr
F S Nariman, President of the Bar Association of India, pointed out that: ‘.the
spirit of the Rome Statute is not so much in the actual establishment of the
Court and the filling of its dockets with cases to be tried before it; its
spirit lies rather in the encouragement it gives to national governments
worldwide to put up for trial in their own national courts persons accused of
genocide, war crimes and crimes against humanity. The Rome Statute has
established what can be described as a “culture of legality”: its true success
will only come when aversion to impunity gets internalized by the democratic
legal systems of each ratifying nation State.’
7. A judge shall exercise the judicial
function independently on the basis of the judge's assessment of the
facts and in accordance with a conscientious understanding of the law, free of
any extraneous influences, inducements, pressures, threats or interference, direct
or indirect, from any quarter or for any reason. A judge shall not
only be free from inappropriate connections with, and influence by, the executive
and legislative branches of government, but must also appear to a reasonable
observer to be free therefrom. The
Bangalore Principles of Judicial Conduct as revised at the Round Table Meeting
of Chief Justice at Peace Palace, the Hague, 25-16
November 2002.
8. The purpose of lawyers is to
establish conditions under which justice can be maintained. International treaties obligate lawyers
exclusively in the role of defending the criminally accused. The Universal
Declaration of Human Rights enshrines the principles of equality before the
law, the presumption of innocence, the right to a fair and public hearing by an
independent and impartial tribunal, and all the guarantees necessary for the
defence of everyone charged with a penal offence. The International Covenant on Civil and Political Rights
proclaims, in addition, the right to be tried without undue delay and the right
to a fair and public hearing by a competent, independent and impartial tribunal
established by law. The International
Covenant on Economic, Social and Cultural Rights recalls the obligation of
States under the Charter to promote universal respect for, and observance of,
human rights and freedoms. The Body of
Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment provides that a detained person shall be entitled to have the
assistance of, and to communicate and consult with, legal counsel. The Standard Minimum Rules for the Treatment
of Prisoners recommend, in particular, that legal assistance and confidential
communication with counsel should be ensured. Basic Principles on the Role of
Lawyers 27 August to
7 September 1990
9. The office of prosecutors
shall be strictly separated from judicial functions. Prosecutors carry out their functions impartially and avoid all
political, social, religious, racial, cultural, sexual or any other kind of
discrimination. The protect the public
interest, act with objectivity, take proper account of the position of the
suspect and the victim, and pay attention to all relevant circumstances,
irrespective of whether they are to the advantage or disadvantage of the
suspect. The keep matters in their possession confidential, unless the
performance of duty or the needs of justice require otherwise. They consider the views and concerns of
victims when their personal interests are affected and ensure that victims are
informed of their rights in accordance with the Declaration of Basic Principles
of Justice for Victims of Crime and Abuse of Power. Prosecutors shall not initiate or continue prosecution, or shall
make every effort to stay proceedings, when an impartial investigation shows
the charge to be unfounded. Prosecutors shall give due attention to the
prosecution of crimes committed by public officials, particularly corruption,
abuse of power, grave violations of human rights and other crimes recognized by
international law and, where authorized by law or consistent with local
practice, the investigation of such offences. When prosecutors come into
possession of evidence against suspects that they know or believe on reasonable
grounds was obtained through recourse to unlawful methods, which constitute a
grave violation of the suspect's human rights, especially involving torture or
cruel, inhuman or degrading treatment or punishment, or other abuses of human
rights, they shall refuse to use such evidence against anyone other than those
who used such methods, or inform the Court accordingly, and shall take all
necessary steps to ensure that those responsible for using such methods are
brought to justice. Guidelines on the
Role of Prosecutors 27
August-7 September 1990
10. The International Bar Association notes
that the ad hoc tribunals failed to establish outreach programmes at the
outset, an omission which resulted in extensive distortions and
misrepresentations of the purpose and functioning of the tribunals in the
territories covered.7 Indeed, the work of the International
Criminal Tribunal for the former Yugoslavia (ICTY) was ‘frequently politicised
and used for propaganda purposes by its opponents’, and seen as ‘remote and
disconnected from the population’. They
however fail to mention the assault upon Hospitals & Asylums Slaves and it
is for this case explained in Jose
Antonio Ocampo, Under Secretary General of the Department of Economic and
Social Affairs v. Luis Moreno-Ocampo, Chief Prosecutor of the International
Criminal Court HA-22-6-06 that their
representation is sought. Art.
75 of the Rome Statute permits the Court to make reparations to
victims. United Nations’ Set of Principles to Combat Impunity, and the Basic
Principles on Reparations, are instructive. Principle 33 of the Set of
Principles to Combat Impunity directs the ‘widest possible publicity’ of
‘reparation procedures’, and Principle 12(a) of the Basic Principles on
Reparations requires the dissemination of information of ‘all available
remedies for gross violations of international human rights law and serious
violations of international humanitarian law.
Tony Sanders