Professor Ms. Niloufer Bhagwat, J.The effects of 9.11 and of the war on the peopleSun May 1, 2005 00:4964.140.158.52
The effects of 9.11 and of the war on the people of the United States.
http://www.supremelaw.org/cc/gwbush/icta.judgment.htm
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The 11th September 2001 terrorist attacks and the war, raise issues as to the use of 9.11 attacks and the war; within the United States; even as Corporations, collapsed, due to financial accounting frauds and systemic problems, which resulted in millions of job losses, attributed to 9.11 by the media,
Two witnesses appeared before the Tribunal, to depose about conditions in the United States, immediately after the 11th September 2001. Mr. Bobby Marsh who lost a loved one in the World Trade Centre, gave the Tribunal a poignant account of the personal tragedies of so many people in the United States, including his own. The attacks were seen by him and other people in the United States, first on Television. The visual images had a devastating impact on him and other people; those who had loved ones in these buildings were agonized about their safety. The witness deposed that he was informed on the cell phone by Margaret, his close friend and companion who worked at the World Trade Centre; that instructions had been given by some officials to all those trapped in the towers, when the attack took place, to stay where they were, till the fire brigade department gave further instructions; his companion who obeyed the instructions died. This was the last communication that he was to receive from her. Many people who rushed to safety, ignoring official instructions, survived. This witness further deposed that the terrorist attacks of 11th September 2001 were used to create paranoia among the people; there was an attempt to create a war hysteria. The media in particular was immediately mobilizing people for war; on the other hand the anti-war movement was supported by thousands of Americans across the United States who did not support a war on Afghanistan; even some of those who were affected by the 9.11 terrorist attacks and had lost their loved ones.
Ms. Gloria Lavera, President of the press workers union, the Union of Typographical Workers gave detailed evidence on the use of the print and television media to create mass hysteria; and on the deteriorating situation within the United States for the freedom and democratic rights of citizens; with workers losing jobs, facing repression, and reductions in their social security benefits; the witness mentioned that immigrants were detained in hundreds without trial and no access to legal counsel. Simultaneously surveillance commenced, on different groups and individuals, by intelligence organizations within the United States including illegally accessing their internet., telephones, and even libraries to verify their political beliefs. In this atmosphere, the Patriot Act was passed, sacrificing political freedom in the name of National Security; authorizing detentions and extensive surveillance of law abiding citizens. In answer to a question from the Tribunal, as to in whose interest the Patriot Act was passed; this witness replied that it was passed in the interest of the Corporations in the context of mounting job losses.
11. War Crimes
The Defendant as Commander-in-Chief of U.S. forces, was aware that the military attack on Afghanistan was unjustified; yet orders were given for the carpet bombing of cities, towns, and villages. The nature of weapons of mass destruction used, the range of firepower unleashed in a country with few military targets; resulted in mass murder of civilians and unnecessary loss of life of combatants who were surrendering. The entire infrastructure of Afghanistan was destroyed;
The women of Afghanistan who have lived through the horror of these war crimes, have given evidence before this Tribunal; their oral evidence has been reinforced and supported by authoritative reports of humanitarian and scientific organizations. It is clear from these reports from neutral sources, that the bombings of United States military forces were indiscriminate, sparing neither the International Red Cross Hospitals in Kabul and Kandahar, the Kajakai dam; warehouses of the Red Cross where food was stored; the maternity hospital at Kabul; the military hospital at Herat; homes, electrification facilities, irrigation projects, schools, TV stations and telephone exchanges were among other institutions indiscriminately bombed and destroyed; constructed over years of development efforts by the people of Afghanistan, a landlocked developing country.
The testimony of Kenji Katsui, a journalist from Japan, who with a team investigated the destruction caused by the war and bombing; reveals that in several parts of Kabul, in towns and villages across of Afghanistan, civilian homes and the infrastructure of the country was in ruins, due to bombing; sources of water supply and electricity were affected, normal life in such circumstances for the people was impossible. The witness conceded that a civil war, had raged in Afghanistan for more than 20 years, causing immense suffering; however he emphasized, that the war waged by the United States was the final blow. The witness handed over the video film taken by him which was screened by the Tribunal, of the destruction caused and interviews with people in Afghanistan. The witness maintained that his testimony was supported by the entire investigative team; present as observers at the trial.
There have been other agonizing accounts before this Tribunal, of indiscriminate bombing of civilian homes and areas; from witnesses for whom it was not easy to depose, as they were women from Afghanistan, the victims of the bombing, directly affected. Witnesses A, B and C (whose identities have been concealed on request by referring to them in an alphabetical order)
Witness A had lost members of her family in the bombings of Kabul in a civilian home; Witness B fled from Afghanistan, when the bombings commenced from U.S. aircraft; trekked several miles seeking shelter in refugee camps on the borders of Afghanistan/Pakistan, which she said lacked in 2001 the basic facilities, such as food and other amenities, which had been available during the earlier civil war in Afghanistan, when she had sought shelter from successive regimes and their atrocities; deposing that she and her family had become a refugee four times since 1979. Witness C had lost her daughter, a dedicated young teacher in her early twenties, immediately after her marriage; the couple had been bombed in their home, by United States forces while they were asleep; her only desire was that a school be constructed, to commemorate her daughter's commitment to education.
On answers to questions from the Tribunal the witnesses denied that their homes were military targets, or in close proximity to any military installations; Witness A stated that a few Taliban were residing in residential homes in the area, but there were no military installations.
The witnesses agonized by their loss, maintained, that the reason for their presence at the trial, was the necessity to find a voice for the suffering inflicted on them, without reason; and the disruption of their lives earlier by the civil war between the Mujahideen forces and the government of Afghanistan, when Russian troops arrived; thereafter by the warlords; after that by the Taliban forces; and finally by the U.S. military invasion, bombings and occupation; they had lost hope for the future.
Even as the Tribunal prepared for its concluding hearings in December 2003; a UN spokesmen on 5th/6th December expressed regret that 15 children were killed in U.S. bombing, on a village. Whereas U.S. forces claimed that this was collateral damage as they were pursuing the Taliban.
12. Plea on behalf of the Defendant of "collateral damage” on civilians that use of weapons of mass destruction not prohibited by a specific Convention; legally untenable in view of clear rules of International Humanitarian Law for the conduct of warfare.
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http://www.supremelaw.org/cc/gwbush/icta.judgment.htm
I believe that "Truth “is a weapon on the side of humanity. If truth is known, tyranny and injustice will be defeated. The Tribunal has performed its Judicial task. It is now for people to ensure the implementation of this verdict.
Professor Ms. Niloufer Bhagwat, J.
Tokyo, 13th March 2004
http://www.scoop.co.nz/mason/stories/WO0403/S00215.htm
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