The International
Criminal Tribunal for Iraq
In
Judgment
Note: Final Judgment
covering all charges, including those raised
in supplementary indictment, is to be issued at
the final trial
in March 2005.
http://www.icti-e.com/englishsite.html
______________________________
The
International Criminal Tribunal for Iraq (ICTI), sitting from
The
defendants before this Tribunal are George W. Bush, the President of the
In this connection, the Tribunal wishes to
emphasize the significance of the enterprise to open this Tribunal in
The Statute of the ICTI, along with the
Statute of the ICC, makes it clear that the official position of an accused
person, whether as head of State or government or as a government official,
shall not relieve such a person of criminal responsibility. Thus the Tribunal delivers
its judgment below, on behalf of citizens of the world sharing common
conscience as mankind, and urges all those concerned to act upon them in
pursuit of justice and peace in
I.
The Opinion of the ICTI
The
defendants George W. Bush, Tony Blair and Koizumi Jun-ichiro
were accused of variety of crimes committed in the attack against
1.
The Attack against
(1)
Crime of Aggression
On the
military attack of the
(2)
War Crimes
On the
air strikes and other military attacks targeting civilian population and
facilities in an indiscriminate manner and causing the death and injury of
civilians and destruction of civilian facilities, the Tribunal finds the
defendants George W. Bush and Tony Blair GUILTY
for war crimes under Article 5 of the Statute of the ICTI [para.1 (a) willful
killing; (c) willfully causing great suffering or serious injury to body or
health; (d) extensive destruction and appropriation of property, not justified
by military necessity and carries out unlawfully and wantonly; para.2 (a)
intentionally directing attacks against the civilian population as such or
against individual civilians not taking direct part in hostilities; (b)
intentionally directing attacks against civilian objects, that is, objects
which are not military objectives; (d) intentionally launching an attack in the
knowledge that such attack will cause incidental loss of life or injury to
civilians or damage to civilian objects or widespread, long-term and severe
damage to the natural environment which would clearly excessive in relation to
the concrete and direct overall military advantage anticipated; (e) attacking
or bombarding, by whatever means, towns, villages, dwellings or buildings which
are undefended and which are not military objectives]. The defendants George W.
Bush and Tony Blair are individually responsible and liable for the crimes,
either because they ordered the commission of such crimes in their capacity of
supreme commander [Article 7, para.2 (b)], or because they failed to take
necessary measures to prevent such acts by members of their armies [Article 7,
para.4].
On the
use of cluster bombs, which give humans great suffering and which could
function as landmines if left as dud bomb, during the attack on Iraq commencing
on 20 March 2003, the Tribunal finds the defendants George W. Bush and Tony
Blair GUILTY for war crimes under
Article 5 of the Statute of the ICTI [para.1 (c) willfully causing great
suffering or serious injury to body or health; para.2 (d) intentionally
launching an attack in the knowledge that such attack will cause incidental
loss of life or injury to civilians or damage to civilian objects or widespread,
long-term and severe damage to the natural environment which would clearly
excessive in relation to the concrete and direct overall military advantage
anticipated; (o) employing weapons, projectiles and material and methods of
warfare which are of a nature to cause superfluous injury or unnecessary
suffering or which are inherently indiscriminate in violation of international
law of armed conflict, provided that such weapons, projectiles and material and
methods of warfare are the subject of a comprehensive prohibition]. The
defendants George W. Bush and Tony Blair are individually responsible and
liable for the crimes, either because they ordered the commission of such
crimes in their capacity of supreme commander [Article 7, para.2 (b)], or because
they failed to take necessary measures to prevent such acts by members of their
armies [Article 7, para.4].
On the
use of the weapons of depleted uranium by the U.S. Army, radioactive weapons
which cause extremely serious damage to human body and unborn child and have
long-lasting, harmful effects to the environment as well as to humans for
generations to come, during the attack on Iraq commencing on 20 March 2003, the
Tribunal finds the defendant George W. Bush GUILTY for war crimes under Article 5 of the Statute of the ICTI
[para.1 (c) willfully causing great suffering or serious injury to body or
health; para.2 (d) intentionally launching an attack in the knowledge that such
attack will cause incidental loss of life or injury to civilians or damage to
civilian objects or widespread, long-term and severe damage to the natural
environment which would clearly excessive in relation to the concrete and
direct overall military advantage anticipated; (m) employing poison or poisoned
weapons; (o) employing weapons, projectiles and material and methods of warfare
which are of a nature to cause superfluous injury or unnecessary suffering or
which are inherently indiscriminate in violation of international law of armed
conflict, provided that such weapons, projectiles and material and methods of
warfare are the subject of a comprehensive prohibition]. The defendant George
W. Bush is individually responsible and liable for the crimes, either because he
ordered the commission of such crimes in his capacity of supreme commander [Article
7, para.2 (b)], or because he failed to take necessary measures to prevent such
acts by members of his army [Article 7, para.4].
On the charge of the use
of the bomb BLU-82, a weapon of mass destruction called "Daisy
cutter", in the Iraqi city of
On the
air strike of the hotel in the city of Baghdad by the U.S. Army, where a number
of foreign journalists were staying and of broadcasting center, which caused
casualties including the death of 3 journalists, the Tribunal finds the
defendant George W. Bush GUILTY for
war crimes under Article 5 of the Statute of the ICTI [para.1 (a) willful
killing; (c) willfully causing great suffering or serious injury to body or
health; (d) extensive destruction and appropriation of property, not justified
by military necessity and carried out unlawfully and wantonly; para. 2 (a) intentionally directing attacks against the
civilian population as such or against individual civilians not taking direct
part in hostilities; (b) intentionally directing attacks against civilian
objects, that is, objects which are not military objectives; (e) attacking or
bombarding, by whatever means, towns, villages, dwellings or buildings which
are undefended and which are not military objectives]. The defendant George W.
Bush is individually responsible and liable for the crimes, either because he
ordered the commission of such crimes in his capacity of supreme commander [Article
7, para.2 (b)], or because he failed to take necessary measures to prevent such
acts by members of his army [Article 7, para.4].
(3)
Crimes against Humanity
On the
use of the weapons of depleted uranium, the Tribunal further finds the
defendant George W. Bush GUILTY for
crimes against humanity, as inhuman acts committed as part of a widespread or
systematic attack directed against civilian population in armed conflict
[Article 4 (i) other inhuman acts]. The defendant
George W. Bush is individually responsible and liable for the crimes, either
because he ordered the commission of such crimes in his capacity of supreme
commander [Article 7, para.2 (b)], or because he failed to take necessary
measures to prevent such acts by members of his army [Article 7, para.4].
2.
The Military Occupation of
(1)
Crimes of Aggression
On the
military occupation by the U.S. and U.K Armies of the territory of Iraq from 14
April 2003 onwards, the Tribunal finds that the defendants George W. Bush and
Tony Blair GUILTY for crimes of
aggression under Article 2 of the Statute of the ICTI [para.2; para.3 (a) the
invasion or attack by the armed forces of a State of the territory of another
State, or any military occupation, however temporary, resulting from such
invasion or attack, or any annexation by use of force of the territory of another
State or part thereof]. The defendants George W. Bush and Tony Blair are
individually responsible and liable for the crimes, as they ordered the
commission of such crimes in their capacity of supreme commander [Article 7,
para.2 (b)].
The Tribunal also finds that, in spite of the
ceremonial "transfer of sovereignty" to
(2)
War Crimes
On the
torture and maltreatment of Iraqi detainees conducted by the U.S. Army in several
detention centers, notably in Abu Ghraib Prison, the
Tribunal finds that the defendant George W. Bush GUILTY for war crimes under Article 5 of the Statute of the ICTI [para.1(b) torture or inhuman treatment; (c) willfully
causing great suffering or serious injury to body or health; para.2 (p)
committing outrages upon personal dignity, in particular humiliating and
degrading treatment]. The defendant George W. Bush is individually responsible
and liable for the crimes, in light of the fact that he knew or had reason to
know that his subordinates were about to commit such acts or had done so and
that he failed to take necessary measures to prevent such acts or to punish the
perpetrators thereof [Article 7, para.4].
On the
indiscriminate military attack in the city of Fallujah
conducted by the U.S. Army repeatedly from April to November 2004, targeting
civilian facilities including hospitals and causing the death of numerous civilians,
the Tribunal finds that the defendant George W. Bush GUILTY for war crimes under Article 5 of the Statute of the ICTI
[para.1 (a) willful killing; (c) willfully causing great suffering or serious
injury to body or health; (d) extensive destruction and appropriation of
property, not justified by military necessity and carries out unlawfully and
wantonly; para.2 (a) intentionally directing attacks against the civilian
population as such or against individual civilians not taking direct part in
hostilities; (b) intentionally directing attacks against civilian objects, that
is, objects which are not military objectives; (d) intentionally launching an
attack in the knowledge that such attack will cause incidental loss of life or
injury to civilians or damage to civilian objects or widespread, long-term and
severe damage to the natural environment which would clearly excessive in
relation to the concrete and direct overall military advantage anticipated; (e)
attacking or bombarding, by whatever means, towns, villages, dwellings or
buildings which are undefended and which are not military objectives; (i) intentionally directing attacks against buildings
dedicated to religion, education, art, science or charitable purposes, historic
monuments, hospitals and places where the sick and wounded are collected,
provided they are not military objectives]. The defendant George W. Bush is
individually responsible and liable for the crimes, either because he ordered
the commission of such crimes in his capacity of supreme commander [Article 7,
para.2 (b)], or because he failed to take necessary measures to prevent such
acts by members of his army [Article 7, para.4].
On the
destruction of historical sites and monuments in Iraq by the U.S. and U.K.
Armies for the purpose of military strategy, the Tribunal finds the defendants George W. Bush and Tony Blair GUILTY for war crimes under Article 5
of the Statute of the ICTI [(i) intentionally
directing attacks against buildings dedicated to religion, education, art,
science or charitable purposes, historic monuments, hospitals and places where
the sick and wounded are collected, provided they are not military objectives].
The defendants George W. Bush and Tony Blair are individually responsible and
liable for the crimes, either because they ordered the commission of such
crimes in their capacity of supreme commander [Article 7, para.2 (b)], or
because they failed to take necessary measures to prevent such acts by members
of their armies [Article 7, para.4].
3.
Crimes of Koizumi Jun-ichiro
(1)
Crimes of Aggression
On sending the Self Defense Force to be part
of the coalition forces, which illegally occupied Iraq and thereby committed
crimes of aggression as this Tribunal found above, the Tribunal finds the
defendant Koizumi Jun-ichiro GUILTY for crimes of aggression under Article 2 of the Statute of
the ICTI [para.2; para.3 (a) the invasion or attack by the armed forces of a
State of the territory of another State, or any military occupation, however
temporary, resulting from such invasion or attack]. The defendant Koizumi Jun-ichiro is individually responsible and liable for the
crimes, as he committed these crimes jointly with the defendants George W. Bush
and Tony Blair [Article 7, para. 2(a) of the Statute
of the ICTI].
(2)
Crimes of Aiding and Assisting Aggression
On
allowing the Maritime Self-Defense Force to provide oil to the
Further,
on providing approximately $ 900,000,000 of overseas development assistance for
the occupation rule of
(3)
Crimes of Aiding or Assisting War Crimes
On the charges concerning the use of U.S.
military bases in Japan, including the charge that the defendant allowed U.S.
military bases in Okinawa to be used for the training of the marines for the
purpose of attacking Fallujah in April 2004, and
thereby aided or assisted the commission of war crimes, the Tribunal finds that
the facts, that he aided or assisted the commission of such crimes for the
purpose of facilitating it, not sufficiently proven, and reserves its judgment
on the issue for further examination.
4.
Crimes of Gloria M. Arroyo
On allowing the U.S. Army to fly the territorial
air of the Philippines and to use airports and coastal facilities of the Philippines
for stationing and refueling during the attack against Iraq commencing on 20
March 2003, the Tribunal finds the defendant Gloria M. Arroyo GUILTY for crime of aggression, under
Article 2 of the Statute of the ICTI [para.3 (f) the action of a State in
allowing its territory, which it has placed at the disposal of another State,
to be used by that other State for perpetrating an act of aggression against a
third State]. The defendant Gloria M. Arroyo is responsible and liable for the
crime, as she committed the crime individually [Article 7, para.
2(a)].
On the charges of enslavement and deportation
of the people of the
II.
Recommendations
1.
Withdrawal of All Troops of Coalition Forces Stationed in
In spite of the fact that the "transfer
of sovereignty" was conducted in accordance with the Security Council
resolution in July 2004, coalition forces, including the Self-Defense Force of
Japan, are still stationed in various parts of
2.
Refraining from Indiscriminate Military Attack against Civilians
Indiscriminate
attacks against civilian population and facilities, most recently conducted in
November 2004 in Fallujah, constitute serious war crimes
and no troops should be involved in such illegal actions targeting civilian and
civilian facilities.
3.
Recognition of the Illegality of All the Crimes Committed and Sincere Apology
for the Crimes
The
defendants and their respective governments should recognize the illegality of
all the crimes committed as this Tribunal found above, and should express their
sincere apologies to all those who were victimized as a result of their crimes.
4.
Reparation to the Victims
All the
victims who suffered damage from the crimes are entitled to reparation
including the payment of compensation and rehabilitation. In this connection,
guiding principles of international law concerning the rights of individuals to
remedy and reparation can be found in the final report of the Special Rapporteur M. Cherif Bassiouni entitled "Basic principles and Guidelines on
the Right to a Remedy and Reparation for Victims of Violations of International
Human Rights and Humanitarian Law" (E/CN.4/2000/62,Annex)
presented at the United Nations Commission on Human Rights. In providing remedy
and reparation, a gender perspectiv should adequately
be taken into account, in accordance with the current standards of
international law including the Statute of the ICC.
5.
Investigation and Punishment of the Perpetrators of Crimes
The defendants and their respective
governments should promptly investigate all war crimes as well as crimes
against humanity, bring all those responsible to justice, and enforce
appropriate punishment to them. Failure to prosecute and punish the
perpetrators would give rise the State responsibility,
as the State is considered to be tolerating impunity in violation of
international law.
6.
Investigation and Impact Assessment of Weapons on Human Body and Environment
Concerning the weapons used during the attack
against
7.
Ratification of the Statute of the International Criminal Court
The Rome Statute establishing the ICC is a
culmination of longtime aspiration of humankind to prevent massive violation of
human rights and humanitarian law by punishing the perpetrators of such crimes,
and the respective governments should promptly proceed to the ratification of
the ICC Statute if they have not yet done so. It is especially contradictory
and unsatisfactory that the
8.
Reform and Restructuring of the United Nations System, Particularly of the Security
Council
Under the present system of the United
Nations which grants veto power to the five permanent members of the Security Council,
the determination of the existence of threat to the peace, breach of the peace,
or act of aggression is in the hands of these States, and the determination of
such situations caused by, or related to, these States is virtually impossible
by definition. This is a fundamental defect of the UN system, and should be
improved on urgent basis. Also, as painfully evident in the case of economic
sanctions to
Judge SHIN Hae Bong
(Acting Chief Justice)
ABE Kohki
LEE Jang Hie
Johnson Panjaitan