Nada Pejnovic and Timothy Bancroft-Hinchey
Is the International Criminal Court at The Hague a real court which respects and uphold international law, or is it an insult to the precept that international law is applied fairly and is Mr. Moreno Ocampo in fact working against his profession, destroying the notion that the world community’s so-called international forum is impartial? Let us see.
In addition to the case we presented in this column on November 5, 2011*, here is a seven-point indictment against NATO, which shall be delivered tomorrow at the ICC. We will charter its progress, we will charter the correspondence and we will examine very carefully the way in which it is received and acted upon. Due to the fact that numerous attempts will be made to hack and to interfere, we shall take the opportunity to disseminate this material widely across the Internet and thank those who wish to do so, believing that the more public opinion is informed about the criminal nature of NATO’s actions and the more the ICC is scrutinised, the nearer we shall be towards having a world community which acts with one set of weights and measures, implemented equally on all.
Indictment against NATO:
1. Violation of international law
2. War of aggression
3. Crimes against humanity
7. Financing of terrorism.
Accused countries, separately, members of UN are as follows:
During the past decade NATO countries have deliberately violated international and humanitarian law, undertaking wars of aggression, crimes against humanity, genocide, supporting and financing terrorism. All of this was done under a false pretext and with the help of mass media which spread false and fabricated lies all around the globe.
The first one to start with is Serbia, followed by Afghanistan, Iraq and finally ended up with the crimes committed in Libya, leaving come cities look like WWII just ended. It is enough to see the picture of city of Sirte which resembles Dresden after WWII.
Being aware of the fact that there is no strong international mechanism which could impose sanctions or mechanisms which could take them accountable and liable for the above-mentioned crimes, NATO as an organization as well as its member countries separately commenced crimes that were hitherto unheard of. The pilot project for such actions was bombardment of Serbia.
A war crime is a war crime, whether it was announced or not nor has it limitation of legal proceedings. For that purpose quoted are all countries devastated and ruined by NATO and its member countries separately, but the focus will be only on Libya, for it is the last and the best documented case.
The pretext and the framework for the attack on Libya by NATO countries was United Nations resolution 1973, which authorized a ban on flights and measures “to protect civilians and civilian populated areas” whilst excluding “a foreign occupation force of any form on any part of Libyan territory”.
The hidden goal was a regime change in Libya which was confirmed by former NATO military commander General Wesley Clarke, in that as early as 2001, the Pentagon was instructed to prepare for war against Libya, long before Libya became mentioned in the mass media for being “a problem” and its citizens in need for protection. At the very least, this is an undoubtedly confessed act of colonialism.
In the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations (General Assembly resolution 2625 (XXV)). In particular, according to this resolution:
“Every State has the duty to refrain in its international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations. Such a threat or use of force constitutes a violation of international law and the Charter of the United Nations and shall never be employed as a means of settling international issues.
NATO attacks are coordinated with the military activities of rebel groupings, so that NATO basically bombs them into areas, including the capital and other cities in Libya. The coordination of NATO’s aerial bombing and naval blockade of Libya with rebel forces is unquestionably an act of participation on behalf of one of the belligerent forces against the other – the government of Libya. And in that sense it is a perfect parallel to what happened in Yugoslavia in 1999, where NATO bombed the country mercilessly for 78 days in coordination and in conjunction with the so-called Kosovo Liberation Army.
A war of aggression constitutes a crime against the peace, for which there is responsibility under international law”.
NATO operations in Libya: Operation Unified Protector. There were over 21,000 air missions flown over Libya since March 31, of which almost 8,000 are combat sorties. And what is documented even in Western news sources, is that Muammar Gaddafi’s hometown was attacked by NATO warplanes and earlier, a couple of days ago, the major governmental compound in Tripoli was attacked by as many as 64 missiles.
“In accordance with the purposes and principles of the United Nations, States have the duty to refrain from propaganda for wars of aggression”.
The Libyan Leadership, the military and political establishment were accused of serious war crimes which later on proved to be a false flag event.
On 30th July NATO bombed the Libyan TV Station. NATO said the air strikes aimed to degrade Libyan ruler Gaddafi’s “use of satellite television as a means to intimidate the Libyan people and incite acts of violence against them”.
“Striking specifically these critical satellite dishes will reduce the regime’s ability to oppress civilians while [preserving] television broadcast infrastructure that will be needed after the conflict,” said a Nato statement.
This is nothing more and nothing else than a pure Psychological operation which is planned operations to convey selected information and indicators to foreign audiences to influence their emotions, motives, objective reasoning, and ultimately the behavior of foreign governments, organizations, groups, and individuals. They are an important part of the range of diplomatic, informational, military, and economic activities available to the US.
The purpose of United States psychological operations (PSYOP) is to induce or reinforce behavior favorable to US objectives.
NATO gave false statements to delude the vast majority of the world’s population and to gain public support by spreading false and fabricated news and information about the facts in Libya. Later on in Qatar NATO set up the stage resembling a Green Square in Tripoli to show how Tripoli had fallen even though that place was nowhere near Tripoli”.
Every State has the duty to refrain from any forcible action which deprives peoples referred to in the elaboration of the principle of equal rights and self-determination of their right to self-determination and freedom and independence.
Bearing in mind that siege tactics have been outlawed by the Geneva Conventions, in particular, Article 14 of the second Protocol to the Geneva Conventions states, “Starvation of civilians as a method of combat is prohibited. It is therefore prohibited to attack, destroy, remove or render useless for that purpose objects indispensable to the survival of the civilian population such as food-stuffs, agricultural areas for the production of food-stuffs, crops, livestock, drinking water installations, and supplies and irrigation works.”
NATO countries and member countries separately punished civilians who were against NTC and against foreign intervention throughout Libya. This is a clear crime against humanity.
To list just a few Sample Crimes:
21.03.2011. Tens of civilians killed on 31st of March in Gharyan city in western Libya (video).
07.04.2011. — NATO bombers killed 15 rebels and wounded 22 on the outskirts of Brega.
20.04.2011. TRIPOLI NATO Bombing The Libyan Arab Association For Human Rights (video).
27.04.2011. — NATO attacked the city of Misrata, killing 12 people and wounding 5 others.
30.04.2011. — The bombing of the Downs Syndrome School in Tripoli (video).
30.04.2011.— NATO killed inocent civilinas: The youngest son of our great leader Saif Al arab gaddafi was only 29 years old, grandchildren of our Great Leader, Saif Mohammed Muammar Gaddafi was one year and 3 months (born on 30 January 2010) , Carthage Hannibal Muammar Gaddafi was 2 years and 9 months old (born on 2 August 2008) and Mastura Humaid (daughter of Aisha) was 4 months and half (she was born on 15 December 2010) (video).
09.05.2011. — 600 civilians are reported dead after getting into trouble on thier boat. They send urgent SOS messages to NATO, but they were ignored (video).
13.05.2011. The 11 imams (spiritual leaders of Islam) that were killed. The imams were killed in a NATO bombing in the city of Brega (east), which also injured about 50 people. (video)
17.05.2011.—The NATO attack on Libya’s Anti-Corruption Agency on May 17 was extremely convenient for some Westrern politicians (video).
12.06.2011. — The bombing of the University of Tripoli. Death toll not yet established. (link) or photo evdence.
15.06.2011. — At least 12 people were killed and two injured when a NATO air strike hit a bus Wednesday evening in Libya’s Kikla city (video).
19.06.2011. — 9 civilians were killed by a NATO air strike on Tripoli (video).
19.06.2011. — Massacre of Al-Hamedi family 15 civilians, including 3 children, were killed by another NATO air strike on Sorman (link).
19.06.2011. — Firetracs was bombed (video).
22.06.2011. — The bombing of the Great Man made Waterway irrigation system, which supplies most Libyans with their drinking water. Water for 4,5 million INOCENT CIVILIANS IN LIBYA (video).
22.06.2011. — Zliten – many civilians were chopped into pieces. (link)
28.06. 2011. — NATO air strike killed 16 civilians (one whole family killed) and more than 20 injured in public market in Tawergha east of Misurata (video).
04.07.2011. — NATO bombing civilian checkpoint in ZWARA. (video)
15.07.2011. — At least 12 people were killed and 2 injured when a NATO. The air strike hit the bus with inocent civilians in Kikla City. (video)
17.07.2011. — Multiple urban areas were bombed simultaneously this morning. Anywhere from 60 to 75 bombs may have been dropped mostly in the areas of Tajura and Seraj, according to eyewitness reports. (video)
23.07.2011. — The bombing of the factory which makes the pipes for the water system, and the murder of 6 of its employees.
24.07.2011. NATO bombing cattle and poultry project in Torghae city (video).
24. 07.2011. Libya war: NATO Press Briefing, 15 civilians are dead in Tawergha (video).
24.07.2011. —The bombing of the Hospital at Zliten. Resulting in the murder of a minimum, of 50 civilians many of them children.(video).
25.07.2011. NATO bombed food storage in Zlitan.(video).
25.07.2011. — 20 civilians were killed by NATO air strikes in Bir al Ghanam. (video)
30.07.2011. — NATO warplanes also repeatedly bombed a Libyan television station, killing 3 and injuring 15.
02.08.2011. — Law School In Zlitan (Zliten) (video).
04. 08.2011. — Woman and two children (video).
07.08.2011. — NATO bombed today the vegetable market in Tripoli (link).
08.08.2011. — Libya: NATO MASSACRED 85 CIVILIANS: 33 CHILDREN, 32 WOMEN and 20 MEN (video)…
The persistent on-going bombing of the civilian population in Zliten, Sirte and Tripoli, death toll not yet established.
All4Peace & LibyaSOS.
Every State has the duty to refrain from organizing or encouraging the organization of irregular forces or armed bands including mercenaries, for incursion into the territory of another State.
Every State has the duty to refrain from organizing, instigating, assisting or participating in acts of civil strife or terrorist acts in another State or acquiescing in organized activities within its territory directed towards the commission of such acts, when the acts referred to in the present paragraph involve a threat or use of force.
Supply of French Milan anti-tank missiles, Swedish Carl Gustav 84mm rifles, 68mm rockets and mortars and Maadi assault rifles from Egypt; this, in addition to the British, French and Italian military advisors helping the terrorists. The Great Socialist People’s Libyan Arab Jamahiriya monetary assets were frozen and later on given to the National Provisional Council. Not to mention the bombardment on behalf of rebel forces.
The territory of a State shall not be the object of military occupation resulting from the use of force in contravention of the provisions of the Charter. The territory of a State shall not be the object of acquisition by another State resulting from the threat or use of force. No territorial acquisition resulting from the threat or use of force shall be recognized as legal.
NATO made acquisition of Libyan land to set up exterritorial military base.
Similarly, the U.S. has substantially upgraded air bases in Afghanistan, including those bordering Central Asian nations and close to the Iranian border, and there is no indication they are ever going to abandon them, as they are not going to abandon military bases in Iraq and other places. It is a lot easier to bring NATO into one’s country or have it forced in than to get it out.
No State may use or encourage the use of economic political or any other type of measures to coerce another State in order to obtain from it the subordination of the exercise of its sovereign rights and to secure from it advantages of any kind. Also, no State shall organize, assist, foment, finance, incite or tolerate subversive, terrorist or armed activities directed towards the violent overthrow of the regime of another State, or interfere in civil strife in another State.”
NATO countries organized, assisted, foment, financed and incited civil strife in Libya by political and other types of measures to coerce Libya to subordinate its natural resources by putting in power puppet regime, who openly declared that the companies from the countries who helped them in a military coup to overthrow the regime, will sign lucrative contracts in the oil sector.
1. Mahmoud Jibril – a university lecturer educated, and for several years resident, in the US and whose studies was mentored by a renowned CIA case officer working for CIA in Iran during the CIA/staged coup there in 1953.
3. A senior Al-Qaeda asset/educator/leader previously operating in Afghanistan and Iraq but who currently acts under the name of Bel Hadj as the Commander in Chief for the NTC as well as military dictator of Tripoli.
According to the evidence obtained, NATO and its member countries separately violated every single article and paragraph of General Assembly Resolution 2625 (XXV).
As for crimes of genocide, the tribes and civilians who were against NTC and foreign intervention were systematically deprived of right to life, right to property, right to association, right to free speech, by bombing, killing, arbitrary arresting, abducting, forceful disappearance.
Genocide is the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group. It is defined in Article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) as “any of the following acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such: killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the groups conditions of life, calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; [and] forcibly transferring children of the group to another group.”
“They carpet bombed the country … their deliberate tactic was to create a humanitarian disaster and to militarily clear the way, without any humanitarian regards, without any regards for human life,” said Mahdi Darius Nazemroaya, from the Canadian-based Centre for Research on Globalization, on Monday.
NATO regularly uses cluster bombs which are very hard to be removed from the sites. A Human rights investigation in Libya has found that it was the US and its Western allies who cluster bombed the troubled city of Misratah back in April.
The HRI said it has convincing evidence that the cluster bombing blamed on pro-Gaddafi forces was actually carried out by the US navy. Civilians are the victims of the cluster bombs, mostly children and civilians who are not acknowledged with this kind of weapon.
We need not enumerate the DU amunition types used in Iraq 1991, Serbia/Kosovo 1999, Afghanistan 2001-04 and Iraq 2003. They have been dispensed by all air / ground and sea systems on innocent civilians. DU burns intensely and is very hard. It releases Uranium Oxide. The aerosol contains particles of 0.5-5 microns in size, once they are in the air or dust it is inhaled or ingested, including from contaminated soil. Once in the lungs one such particle is equivalent to having one X-Ray per hour, for life. Because it is impossible to remove, the victim is gradually irradiated. Still births, birth defects, leukemia, damaged central nervous systems and other cancers have been common in children born since 1999. Child leukemia has risen 600 % in areas of Iraq as reported by the Netherland Visie Foundation. Beyond just the health consequences, DU munitions are in fact, weapons of Silent Mass Destruction in so far as the consequences of their usage are vast, indiscriminate and violate all Human Rights Conventions.
Finally, if NATO’s mission in Libya has ended, then why are NATO aircraft strafing Tuareg villages in southern Libya?
The war in former Yugoslavia was just a pilot project and a base to realize different types of scenarios in multi-ethnic countries with the aim to find out the best ways how to conquer certain countries with great natural resources and potentials which are of interest to global corporations. Please see the documentary Weight of chains.  This film takes a critical look at the role that the US, NATO and the EU played in the tragic break-up of a once peaceful and prosperous European state – Yugoslavia. The film, bursting with rare stock footage never before seen by Western audiences, is a creative first-hand look at why the West intervened in the Yugoslav conflict, with an impressive roster of interviews with academics, diplomats, media personalities and ordinary citizens of the former Yugoslav republics.
The violation of international and humanitarian law, supporting and financing terrorism, dismantling of countries, genocide, and terrorism started in Serbia and as it seems, it will end up in Syria and Iran. And then, who is the next station on the line Eastwards? The civilian casualties have been countless. Libya is the most recent one and it has a special place due to the huge amount of evidence and bravery of its people.
It is obvious that the criminal activities of NATO are its modus operandi, are deliberate and callously carried out with the aim to allow material gain to private corporations by destroying and dismantling “inappropriate” countries and their facilities.
NATO and each country which participated in these atrocities and crimes against humanity have to be accused, indicted, found guilty and they have to pay reparations to each victim in the name of humankind.
Nada Pejnovic and Timothy Bancroft-Hinchey
section 4 and 6
4 Testimony of General Wesley Clark, 2007-03-02 on Democracy Now!
USA manual on how to support insurgencies (which can also be called terrorist groups)
Annex 2: Detailed participation of NATO countries in Libya
USA: c. 8,500 personnel, 153 aircraft, 12 vessels, 228 cruise missiles, 2,000 sorties
UK: 1,300 personnel, 28 aircraft, 3 vessels, 18 cruise missiles, 1,300 sorties
France: 800 personnel, 29 aircraft, 6 vessels, 1,200 sorties
Italy: 12 aircraft, 4 vessels, 600 sorties
Canada: 560 personnel, 11 aircraft, 1 vessel, 358 sorties
Denmark: 120 personnel, 4 aircraft, 161 sorties
Norway: 140 personnel, 6 aircraft, 100 sorties
Sweden: 122 personnel, 8 aircraft, 78 sorties
Belgium: 120 personnel, 6 aircraft, 1 vessel, 60 sorties
Spain: 500 personnel, 7 aircraft, 1 vessel
Turkey: 7 aircraft, 6 vessels
Netherlands: 200 personnel, 7 aircraft, 1 vessel
Jordan: 30 personnel, 12 aircraft
UAE: 35 personnel, 12 aircraft
Qatar: 60 personnel (risible, there were thousands of mercenaries), 8 aircraft
Romania: 205 personnel, 1 vessel
Bulgaria: 160 personnel, 1 vessel
Greece: 1 vessel
Annex 3: Cost
c. 50,000 USD per aircraft per hour
c. 500,000 USD each cruise missile
Costs with board and lodging of personnel
Cost of ammunition and transportation
Annex 4: Participation of Special Forces
The participation of Special Forces has been approached, and the countries involved do not discuss this issue. Those who have family members or friends who have disappeared connected to the armed forces certainly know what happened to them.