Syndicate: INTERNATIONAL CRIMINAL TRIBUNAL TO INVESTIGATE NATO LEADER

[Snafu <snafu@kyuzz.org>]

IN THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA
RE: William J. Clinton, Madeleine Albright, William S. Cohen, Tony
Blair,
Robin Cook, George Robertson, Javier Solana, Jamie Shea, Wesley K.
Clark,
Harold W. German, Konrad Freytag. D.J.G. Wilby, Fabrizio Maltinti,
Giuseppe
Marani, Daniel P. Leaf, Jean Chrétien, Lloyd Axworthy, Arthur Eggleton,
Jean-Luc Dehaene, E. Derycke, J.-P. Poncelet, Vaclav Havel, J. Kavan, V.

Vetchy, Poul Nyrup Rasmussen, N.H. Petersen, H. Haekkerup, Jacques
Chirac,
Lionel Jospin, H. Védrine, Alain Richard, Gerhard Schröder, J. Fischer,
R. Scharping, Kostas Simitis, G. Papandreou, A. Tsohatzopoulos, Viktor
Orban, J. Martonyi, J. Szabo, David Oddsson, H. Asgrimsson, G. Palsson,
Massimo D´Alema, L. Dini, C. Scognamiglio, Jean-Claude Juncker, J. Poos,

Alex Bodry, Willem Kok, J. van Aartsen, F.H.G. de Grave, Kjell Magne
Bondevik,
K. Vollebæk, D.J. Fjærvoll, Jerzy Buzek, B. Geremek, J. Onyszkiewicz,
Antonio
Manuel de Oliveira Guterres, J.J. Matos da Gama, V. Simão, Jose Maria
Aznar,
A. Matutes, E. Serra Rexach, Bulent Ecevit, I. Cem and H. S. Turk.
NOTICE OF THE EXISTENCE OF INFORMATION CONCERNING SERIOUS VIOLATIONS OF
INTERNATIONAL HUMANITARIAN LAW WITHIN THE JURISDICTION OF THE TRIBUNAL;

REQUEST THAT THE PROSECUTOR INVESTIGATE NAMED INDIVIDUALS FOR
VIOLATIONS OF
INTERNATIONAL HUMANITARIAN LAW AND PREPARE INDICTMENTS AGAINST THEM
PURSUANT TO
ARTICLES 18.1 AND 18.4 OF THE TRIBUNAL STATUTE.
TO:

Madam Justice Louise Arbour,
Prosecutor,
International Criminal Tribunal for the Former Yugoslavia,
Churchillplein 1, 2501 EW,
The Hague,
Netherlands.
AND TO:

William J. Clinton, Madeleine Albright and William S. Cohen,
C/o William J. Clinton
President
The White House, 1600 Pennsylvania Ave NW
Washington, District of Columbia 20500
United States of America
Tony Blair, Robin Cook and George Robertson,
C/o Rt. Hon. Tony Blair
Prime Minister
10 Downing St.
SW1A 2AA London
United Kingdom

Javier Solana, Jamie Shea, Wesley K. Clark, Harold W. German, Konrad
Freytag.
D.J.G. Wilby, Fabrizio Maltinti, Giuseppe Marani and Daniel P. Leaf,
C/o Javier Solana, Secretary General
NATO
NATO Headquarters,
1110 Brussels,
Belgium

Jean Chrétien, Lloyd Axworthy and Arthur Eggleton,
C/o Jean Chretien, M.P.
Prime Minister
House of Commons, PO Box 1103
Ottawa, Ontario K1A 0A6
Canada

Jean-Luc Dehaene, E. Derycke and J.-P. Poncelet,
C/o M. Jean-Luc Dehaene
Premier Ministre
rue de la Loi 16
B-1000 Brussels
Belgium

Vaclav Havel, J. Kavan and V. Vetchy,
C/o Vaclav Havel
President
Office of the President of the C.R.
Hrad (Castle)
119 08 Praha 1
Czech Republic

Poul Nyrup Rasmussen, N.H. Petersen and H. Haekkerup,
C/o Poul Nyrup Rasmussen
Prime Minister
Prime Minister`s Office
Christiansborg, Prins Jorgens Gaard 11
DK-1218 Copenhagen
Denmark
Jacques Chirac, Lionel Jospin, H. Védrine and Alain Richard,
C/o M. Jacques Chirac
President de la Republique
Palais de l`Elysee
55 et 57, rue du Faubourg Saint-Honore
75008 Paris
France

Gerhard Schröder, J. Fischer and R. Scharping,
C/o Gerhard Schoeder
Chancellor
Adenauerallee 141
PA: Briefpost, PLZ 53106
53113 Bonn
Germany
Kostas Simitis, G. Papandreou and A. Tsohatzopoulos,
C/o Kostas Simitis
Prime Minister
Office of the Prime Minister
Greek Parliament Bldg., Constitution Square
Athens
Greece

Viktor Orban, J. Martonyi and J. Szabo,
C/oViktor Orban
Prime Minister
Kossuth Lajos ter 1-3
1055 Budapest, Budapest fovaros
Hungary

David Oddsson, H. Asgrimsson and G. Palsson,
C/o David Oddsson
Prime Minister
Office of the Prime Minister
Stjornarradshusinu
150 Reykjavik
Iceland

Massimo D´Alema, L. Dini and C. Scognamiglio,
C/o Massimo D´Alema
Presidenza del Consiglio dei Ministri (Prime Minister)
Piazza Colonna, 370
00187 Rome
Italy
Jean-Claude Juncker, J. Poos and Alex Bodry,
C/o Jean-Claude Juncker
Prime Minister
Ministere d`Etat
4, rue de la Congregation
L-2910 Luxembourg
Luxembourg

Willem Kok, J. van Aartsen and F.H.G. de Grave,
C/o Willem Kok
Prime Minister
Binnenhof 20, 2513 AA
Postbus 20001, 2500 EA
The Hague
Netherlands

Kjell Magne Bondevik, K. Vollebæk and D.J. Fjærvoll,
C/o Kjell Magne Bondevik
Prime Minister
Akersgt. 42, blokk H
P.O. Box 8001 Dep
N-0030 Oslo
Norway

Jerzy Buzek, B. Geremek and J. Onyszkiewicz,
C/o Jerzy Buzek
Prime Minister
Prime Minister´s Office
al. Ujazdowskie 1/3
00-583 Warsaw
Poland

Antonio Manuel de Oliveira Guterres, J.J. Matos da Gama and V. Simão,
C/o Antonio Manuel de Oliveira Guterres
Prime Minister
Gabinete do Primeiro-Ministro
Lisboa
Portugal

Jose Maria Aznar, A. Matutes and E. Serra Rexach,
C/o Excmo. Sr. Jose Maria Aznar
Presidente del Gobierno
Complejo de la Moncloa
Edf. Semillas
28071 Madrid
Spain
Bulent Ecevit, I. Cem and H. S. Turk,
C/o Bulent Ecevit
Prime Minister
Office of the Prime Minister
Basbakanlik
06573 Ankara
Turkey

FROM:

Professor Michael Mandel, Professor W. Neil Brooks, Professor Judith A.
Fudge, Professor H. J. Glasbeek, Professor Reuben A. Hasson and Sil
Salvaterra,
Barrister and Solicitor, Community Legal Aid Services Programme,
Osgoode Hall Law School, York University,
Toronto, Ontario,
Canada M3J 1P3

David Jacobs and Brian Shell, Barristers and Solicitors,
Shell, Jacobs Lawyers
672 Dupont Street,
Suite 401
Toronto, Ontario
Canada M6G 1Z6
Christopher Black, Barrister and Solicitor,
121 Nymark Avenue,
Toronto, Ontario
Canada M2J 2H3
John Philpot, Barrister and Solicitor,
Alariel Legault Beachemin Paquin Jobin Brisson & Philpot
1259 rue Berri suite 1000
Montréal, Québec
Canada H2L 4C7
Fred Stasiuk, Barrister and Solicitor,
296 Mill Road,
Unit B6
Etobicoke, Ontario,
Canada M9G 4X8

Professor Peter Rosenthal, Barrister and Solicitor,
Mathematics Department,
The University of Toronto,
Toronto, Ontario
Canada

Professor Roberto Bergalli,
Departament de Dret Penal i Ciences Penals
Universitat de Barcelona,
Av. Diagonal 684 E-08034
Barcelona, Spain

The American Association of Jurists:
Alejandro Teitelbaum,
Permanent Representative to the United Nations in Geneva.
80 Quai Gillet
69004 Lyon, France
Alvaro Ramirez Gonzalez, President,
Del Porton Oriental de la UCA 1 y media cuadra arriba
Apdo Postal 3348
Managua, Nicaragua

Vanessa Ramos,
Secretary General
200 Mercer Street 4E
New York, NY 10012

Beinusz Szmukler,
President, Consultative Council,
Peru 971 8 piso, B
1068 Buenos Aires, Argentina

IN THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA
RE: William J. Clinton, Madeleine Albright, William S. Cohen, Tony
Blair,
Robin Cook, George Robertson, Javier Solana, Jamie Shea, Wesley K.
Clark,
Harold W. German, Konrad Freytag. D.J.G. Wilby, Fabrizio Maltinti,
Giuseppe
Marani, Daniel P. Leaf, Jean Chrétien, Lloyd Axworthy, Arthur Eggleton,
Jean-Luc Dehaene, E. Derycke, J.-P. Poncelet, Vaclav Havel, J. Kavan, V.

Vetchy, Poul Nyrup Rasmussen, N.H. Petersen, H. Haekkerup, Jacques
Chirac,
Lionel Jospin, H. Védrine, Alain Richard, Gerhard Schröder, J. Fischer,
R. Scharping, Kostas Simitis, G. Papandreou, A. Tsohatzopoulos, Viktor
Orban, J. Martonyi, J. Szabo, David Oddsson, H. Asgrimsson, G. Palsson,
Massimo D´Alema, L. Dini, C. Scognamiglio, Jean-Claude Juncker, J. Poos,

Alex Bodry, Willem Kok, J. van Aartsen, F.H.G. de Grave, Kjell Magne
Bondevik,
K. Vollebæk, D.J. Fjærvoll, Jerzy Buzek, B. Geremek, J. Onyszkiewicz,
Antonio
Manuel de Oliveira Guterres, J.J. Matos da Gama, V. Simão, Jose Maria
Aznar,
A. Matutes, E. Serra Rexach, Bulent Ecevit, I. Cem and H. S. Turk.
NOTICE OF THE EXISTENCE OF INFORMATION CONCERNING SERIOUS VIOLATIONS OF
INTERNATIONAL HUMANITARIAN LAW WITHIN THE JURISDICTION OF THE TRIBUNAL;

REQUEST THAT THE PROSECUTOR INVESTIGATE NAMED INDIVIDUALS FOR
VIOLATIONS OF
INTERNATIONAL HUMANITARIAN LAW AND PREPARE INDICTMENTS AGAINST THEM
PURSUANT TO
ARTICLES 18.1 AND 18.4 OF THE TRIBUNAL STATUTE.



WHEREAS the International Tribunal for the Prosecution of Persons
Responsible
for Serious Violations of International Humanitarian Law Committed in
the
Territory of the Former Yugoslavia since 1991 was established by the UN
Security Council with ?the power to prosecute persons responsible for
serious
violations of international humanitarian law committed in the territory
of the former Yugoslavia since 1991 in accordance with the provisions
of?
its Statute (Article 1);

AND WHEREAS by Article 2 of the said Statute, the Tribunal has the power

?to prosecute persons committing or ordering to be committed grave
breaches
of the Geneva Conventions of 12 August 1949, namely the following acts
against persons or property protected under the provisions of the
relevant
Geneva Convention? including the following:

(a) wilful killing;
(c) wilfully 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.
AND WHEREAS by Article 3 of the said Statute, ?the International
Tribunal
shall have the
power to prosecute persons violating the laws or customs of war. Such
violations shall include,
but not be limited to:

(a) employment of poisonous weapons or other weapons to cause
unnecessary
suffering;
(b) wanton destruction of cities, towns or villages, or devastation not
justified by military necessity;
(c) attack, or bombardment, by whatever means, of undefended towns,
villages,
dwellings, or buildings;
(d) seizure of, destruction or wilful damage done to institutions
dedicated
to religion, charity
and education, the arts and sciences, historic monuments and works
of art and science.
AND WHEREAS by Article 6 of the said Statute ?the International Tribunal

shall have jurisdiction over natural persons pursuant to the provisions
of the present Statute;?

AND WHEREAS Article 7 of the said Statute provides for individual
criminal
responsibility thus:
1. A person who planned, instigated, ordered, committed or otherwise
aided
and abetted in the planning, preparation or execution of a crime
referred
to in articles 2 to 5 of the present Statute, shall be individually
responsible
for the crime.
2. The official position of any accused person, whether as Head
of State
or Government or
as a responsible Government official, shall not relieve such person of
criminal responsibility
or mitigate punishment.
3. The fact that any of the acts referred to in articles 2 to 5 of the
present Statute was committed by a subordinate does not relieve his
superior
of criminal responsibility if he knew or had reason to know that the
subordinate
was about to commit such acts or had done so and the superior failed to
take the necessary and reasonable measures to prevent such acts or to
punish
the perpetrators thereof.
4. The fact that an accused person acted pursuant to an order of a
Government
or of a superior shall not relieve him of criminal responsibility, but
may be considered in mitigation of punishment if the International
Tribunal
determines that justice so requires.
AND WHEREAS Article 8 of the said Statute provides that the territorial
and temporal jurisdiction of the Tribunal ?shall extend to the territory

of the former Socialist Federal Republic of Yugoslavia, including its
land
surface, airspace and territorial waters. The temporal jurisdiction of
the International Tribunal shall extend to a period beginning on 1
January
1991;?

AND WHEREAS by Article 9 of the said Statute ?the International Tribunal

and national courts shall have concurrent jurisdiction to prosecute
persons
for serious violations of international humanitarian law committed in
the
territory of the former Yugoslavia since 1 January 1991? but the
International
Tribunal ?shall have primacy over national courts;?

AND WHEREAS Article 18 of the said Statute provides inter alia that:

1. The Prosecutor shall initiate investigations ex-officio or on the
basis
of information obtained from any source, particularly from Governments,
United Nations organs, intergovernmental and non-governmental
organizations.
The Prosecutor shall assess the information received or obtained and
decide
whether there is sufficient basis to proceed.
2. The Prosecutor shall have the power to question suspects, victims and

witnesses, to collect evidence and to conduct on-site investigations. In

carrying out these tasks, the Prosecutor may, as appropriate, seek the
assistance of the State authorities concerned.
4. Upon a determination that a prima facie case exists, the Prosecutor
shall prepare an indictment containing a concise statement of the facts
and the crime or crimes with which the accused is charged under the
Statute.
The indictment shall be transmitted to a judge of the Trial Chamber.
AND WHEREAS the President of the Tribunal, Judge Gabrielle Kirk
McDonald,
in a press release of April 8, 1999, urged that:
All States and organisations in possession of information pertaining to
the alleged commission of crimes within the jurisdiction of the Tribunal

should make such information available without delay to the Prosecutor.

AND WHEREAS on April 30 in Geneva the United Nations High Commissioner
for Human
Rights Mary Robinson in a speech to the Commission cited a letter from
the Prosecutor in which the Prosecutor stated:

The actions of individuals belonging to Serb forces, the Kosovo
Liberation
Army (KLA), or NATO may ¼ come under scrutiny, if it appears that
serious
violations of international humanitarian law have occurred.
AND WHEREAS High Commissioner Robinson also stated in her speech:
In the NATO bombing of the Federal Republic of Yugoslavia, large numbers

of civilians have incontestably been killed, civilian installations
targeted
on the grounds that they are or could be of military application and
NATO
remains sole judge of what is or is not acceptable to bomb¼In this
situation,
the principle of proportionality must be adhered to by those carrying
out
the bombing campaign. It surely must be right to ask those carrying out
the bombing campaign to weigh the consequences of their campaign for
civilians
in the Federal Republic of Yugoslavia.
AND WHEREAS NATO has carried out between 5,000 and 10,000 bombing
missions
over the territories of the former Yugoslavia since March 24, 1999;

AND WHEREAS NATO leaders have openly admitted targeting civilian
infrastructure
as well as military targets;

AND WHEREAS the list of targets has included fuel depots, oil
refineries,
government offices, power stations and communications links, such as
roads,
tunnels, bridges and railway links, including those not inside the
region
of, or in the vicinity of, Kosovo;

AND WHEREAS in addition to these deliberate attacks on civilian
infrastructure
and objects, there have been a great number of attacks which have caused

direct physical harm and death to civilians;

AND WHEREAS it appears that these bombing missions have directly caused
the death of approximately 1,000 civilian men, women and children and
serious
injury to 4,500 more;

AND WHEREAS instances of this nature include the 12 April bombing of a
train travelling from Belgrade to Ristovac as it crossed the bridge
spanning
the Yuzhna Morava river at the Grdelica gorge, killing at least 10
passengers
and wounding 16; the 15 April bombing of a refugee convoy in four
separate
locations along a 12 mile stretch of the road that runs from Prizren to
Djakovica, killing approximately 74 people; the 23 April bombing of
Serbian
Television editorial offices, killing approximately 15 people; the 27
April
bombing of a residential district in Surdulica, killing 16 people
including
12 children; and the May 1 bombing of a bus on the Luzan bridge in
Kosovo
killing at least 34 people including 15 children;

AND WHEREAS, though the above-named NATO leaders have claimed that these

incidents were accidents, they have also admitted that they were an
inevitable
result of their bombing strategy, a strategy which they appear to have
continued unmodified and even to have intensified throughout these
incidents;

AND WHEREAS there is ample evidence in the public statements of NATO
leaders
that these attacks on civilian targets are part of a deliberate attempt
to terrorize the population to turn it against its leadership;

AND WHEREAS the NATO bombing has done an estimated $100 billion dollars
in property damage and completely destroyed or seriously damaged dozens
of bridges, railways and railway stations, major roads, airports,
including
civilian airports, hospitals and health care centres, television
transmitters,
medieval monasteries and religious shrines, cultural-historical
monuments
and museums, hundreds of schools, faculties and facilities for students
and children, thousands of dwellings and civilian industrial and
agricultural
facilities;

AND WHEREAS refineries and warehouses storing liquid raw materials and
chemicals
have been hit causing environmental contamination and exposing the
civilian
population to the emission of poisonous gases;

AND WHEREAS the NATO bombings have also made use of weapons banned by
international convention, including cruise missiles utilizing depleted
uranium highly toxic to human beings;

AND WHEREAS credible detailed reports of the civilian death and
destruction
inflicted by the NATO bombing are attached as an Annex to this Notice;

AND WHEREAS THEREFORE there is abundant evidence that many instances of
serious violations of international humanitarian law within the
jurisdiction
of the Tribunal have been committed by NATO forces in the attack on
Yugoslavia
commencing March 24 and continuing to this day;

AND WHEREAS this evidence is readily available to the Prosecutor in
eyewitness,
videotaped, televised and publicly broadcast reports, in press reports
and on the Internet, and in the evidence presented by the Federal
Republic
of Yugoslavia in its current complaint against the NATO countries before

the International Court of Justice;

AND WHEREAS all of the above-named persons, Heads of State and
Government
of the
19 NATO countries, their Foreign Ministers and Ministers of Defence, and

officials and military leaders of NATO, have admitted publicly to having

agreed upon and ordered these actions, being fully aware of their nature

and effects;
AND WHEREAS the above-named persons have acted in open violation of the
United Nations Charter, which provides in so far as is relevant:
Article 2
3. All Members shall settle their international disputes by peaceful
means
in such a manner that international peace and security, and justice, are

not endangered.
4. All Members shall refrain in their international relations from the
threat or use of force against the territorial integrity or political
independen
ce of any state, or in any other manner inconsistent with the Purposes
of the United Nations.

































Article 33
1. The parties to any dispute, the continuance of which is likely to
endanger
the maintenance of international peace and security, shall, first of
all,
seek a solution by negotiation, enquiry, mediation, conciliation,
arbitration,
judicial settlement, resort to regional agencies or arrangements, or
other
peaceful means of their own choice.

Article 37
1. Should the parties to a dispute of the nature referred to in Article
33 fail to settle it by the means indicated in that Article, they shall
refer it to the Security Council.
2. If the Security Council deems that the continuance of the dispute is
in fact likely to endanger the maintenance of international peace and
security,
it shall decide whether to take action under Article 36 or to recommend
such terms of settlement as it may consider appropriate.

Article 39
The Security Council shall determine the existence of any threat to the
peace, breach of the peace, or act of aggression and shall make
recommendations,
or decide what measures shall be taken in accordance with Articles 41
and
42, to maintain or restore international peace and security.

Article 41
The Security Council may decide what measures not involving the use of
armed force are to be employed to give effect to its decisions, and it
may call upon the Members of the United Nations to apply such measures.
These may include complete or partial interruption of economic relations

and of rail, sea, air, postal, telegraphic, radio, and other means of
communicat
ion, and the severance of diplomatic relations.

Article 42
Should the Security Council consider that measures provided for in
Article
41 would be inadequate or have proved to be inadequate, it may take such

action by air, sea, or land forces as may be necessary to maintain or
restore
international peace and security. Such action may include
demonstrations,
blockade, and other operations by air, sea, or land forces of Members of

the United Nations.

Article 51
Nothing in the present Charter shall impair the inherent right of
individual
or collective self-defence if an armed attack occurs against a Member of

the United Nations, until the Security Council has taken measures
necessary
to maintain international peace and security. Measures taken by Members
in the exercise of this right of self-defence shall be immediately
reported
to the Security Council and shall not in any way affect the authority
and
responsibility of the Security Council under the present Charter to take

at any time such action as it deems necessary in order to maintain or
restore
international peace and security;
AND WHEREAS the International Court of Justice has stated in ruling
against
United States intervention in Nicaragua:
In any event, while the United States might form its own appraisal of
the
situation as to respect for human rights in Nicaragua, the use of force
could not be the appropriate method to monitor or ensure such respect.
With regard to the steps actually taken, the protection of human rights,

a strictly
humanitarian objective, cannot be compatible with de mining of ports,
the
destruction of oil installations, or again with de training, arming and
equipping of the contras.

(CASE CONCERNING THE MILITARY AND PARAMILITARY ACTIVITIES IN AND AGAINST

NICARAGUA (NICARAGUA v. UNITED STATES OF AMERICA) (MERITS) Judgment of
27 June 1986, I.C.J. Reports, 1986, p.134-135, paragraphs 267 and 268)

AND WHEREAS the above-named persons, Heads of State and Government of
the 19 NATO countries, their Foreign Ministers and Ministers of Defence,

and officials and military leaders of NATO have acted in open violation
of the NATO Treaty which provides in so far as is relevant:

Article 1
The Parties undertake, as set forth in the Charter of the United
Nations,
to settle any international dispute in which they may be involved by
peaceful
means in such a manner that international peace and security and justice

are not endangered, and to refrain in their international relations from

the threat or use of force in any manner inconsistent with the purposes
of the United Nations.
Article 7
This Treaty does not affect, and shall not be interpreted as affecting
in any way the rights and obligations under the Charter of the Parties
which are members of the United Nations, or the primary responsibility
of the Security Council for the maintenance of international peace and
security;
AND WHEREAS the above-named persons have acted in open violation of the
Protocol
Additional to the Geneva Conventions of 12 August 1949, and relating to
the Protection of Victims of International Armed Conflicts (Protocol I),

8 June 1977, which provides as follows:
Art 51. - Protection of the civilian population
1. The civilian population and individual civilians shall enjoy general
protection against dangers arising from military operations. To give
effect
to this protection, the following rules, which are additional to other
applicable rules of international law, shall be observed in all
circumstances.


2. The civilian population as such, as well as individual civilians,
shall
not be the object of attack. Acts or threats of violence the primary
purpose
of which is to spread terror among the civilian population are
prohibited.

3. Civilians shall enjoy the protection afforded by this section, unless

and for such time as they take a direct part in hostilities.

4. Indiscriminate attacks are prohibited. Indiscriminate attacks are:
(a) those which are not directed at a specific military objective;
(b) those which employ a method or means of combat which cannot be
directed
at a specific military objective; or
(c) those which employ a method or means of combat the effects of which
cannot be limited as required by this Protocol;

and consequently, in each such case, are of a nature to strike military
objectives and civilians or civilian objects without distinction.

5. Among others, the following types of attacks are to be considered as
indiscriminate:
(a) an attack by bombardment by any methods or means which treats as a
single military objective a number of clearly separated and distinct
military
objectives located in a city, town, village or other area containing a
similar concentration of civilians or civilian objects;

and

(b) an attack which may be expected to cause incidental loss of civilian

life, injury to civilians, damage to civilian objects, or a combination
thereof, which would be excessive in relation to the concrete and direct

military advantage anticipated.

Art 79. Measures or protection for journalists
1. Journalists engaged in dangerous professional missions in areas of
armed
conflict shall be considered as civilians within the meaning of Article
50, paragraph 1.

Article 85 - Repression of breaches of this Protocol
3. In addition to the grave breaches defined in Article 11, the
following
acts shall be regarded as grave breaches of this Protocol, when
committed
wilfully, in violation of the relevant provisions of this Protocol, and
causing death or serious injury to body or health:
(a) making the civilian population or individual civilians the object of

attack;
(b) launching an indiscriminate attack affecting the civilian population

or civilian objects in the knowledge that such attack will cause
excessive
loss of life, injury to civilians or damage to civilian objects, as
defined
in Article 57, paragraph 2 (a)(iii);

5. Without prejudice to the application of the Conventions and of this
Protocol, grave breaches of these instruments shall be regarded as war
crimes. AND WHEREAS the above-named persons have acted in open violation

of the Principles of International Law Recognized in the Charter of the
Nüremberg Tribunal and in the Judgment of the Tribunal, as adopted by
the General Assembly of the united Nations (1950), which provide in so
far as is
relevant:
Principle III
The fact that a person who committed an act which constitutes a crime
under
international law acted as Head of State or responsible Government
official
does not relieve him from responsibility under international law.

Principle IV
The fact that a person acted pursuant to order of his Government or of
a superior does not relieve him from responsibility under international
law, provided a moral choice was in fact possible to him.

Principle VI
The crimes hereinafter set out are punishable as crimes under
international
law:
(a) Crimes against peace:
(i) Planning, preparation, initiation or waging of a war of aggression
or a war in violation of international treaties, agreements or
assurances;

(ii) Participation in a common plan or conspiracy for the accomplishment

of any of the acts mentioned under (i).
(b) War crimes:
Violations of the laws or customs of war include, but are not limited
to,
murder wanton destruction of cities, towns, or villages, or devastation
not justified by military necessity.

Principle VII
Complicity in the commission of a crime against peace, a war crime, or
a crime against humanity as set forth in Principle VI is a crime under
international law;
THEREFORE we respectfully request that the Prosecutor immediately
investigate
and indict for serious crimes against international humanitarian law:

THE FOLLOWING HEADS OF STATE AND GOVERNMENT, MINISTERS OF FOREIGN
AFFAIRS AND
MINISTERS OF DEFENCE OF THE NATO COUNTRIES: William J. Clinton,
Madeleine
Albright, William S. Cohen (United States of America), Tony Blair, Robin

Cook, George Robertson (United Kingdom), Jean Chrétien, Lloyd Axworthy,
Arthur Eggleton (Canada), Jean-Luc Dehaene, E. Derycke, J.-P. Poncelet
(Belgium), Vaclav Havel, J. Kavan, V. Vetchy (Czech Republic), Poul
Nyrup

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