Statement of Richard Falk at Press Conference for WTI
23 Jun 2005
http://www.worldtribunal.org/main/?b=89
The World Tribunal on Iraq is an undertaking of historic importance. It is the
culmination of a process of tribunal sessions on the legal dimensions of the
Iraq War that have been held in all parts of the world. This kind of
spontaneous initiative of concerned people around the world has never taken
place before. It represents an expression of what might be called �moral
globalization,� acting on the belief that no state and no leader is above the
law when it comes to matters of war and peace. And it expresses the
overwhelming sentiments of peoples throughout the world that the Iraq War was
against international law and morality. This initiative here in Istanbul has a
quality of urgency as people are dying and suffering every day in Iraq as we
speak. This is not an academic gathering of experts to find out the relevance
of law. It is primarily an expression of popular democracy, of ethical
conscience about what is right and wrong in world politics, and an expression
of resistance to what is understood around the world as an American project to
achieve world domination. The Iraq War is the eye of the storm at the moment.
But the wider concern of the WTI is with America�s hegemonic global ambitions
that is bringing danger, violence, and exploitation to many parts of the world
at present.
The idea of a tribunal to judge legal responsibility of a state and its
leaders for war is not new. After World War II the victorious governments
convened tribunals at Nuremberg and Tokyo, and held the German and Japanese
leaders responsible. The Nuremberg Judgment, a celebrated document, called
aggressive war, that is, Crimes Against Peace, as the greatest of all crimes.
The UN Charter has carried forward the idea that all wars that are not fought
in self-defense or with the approval of the UN Security Council are illegal
wars, and hence a Crime Against Peace. The WTI has been initiated by citizens
of many countries who share the belief that the Iraq War is such an illegal
war, and that the leaders of the USA and United Kingdom are individually and
criminally responsible for its initiation and for the violations of the Law of
War that have accompanied the occupation of Iraq.
The work of the Tribunal is divided into a Panel of Advocates and a Jury of
Conscience. The role of the Panel of Advocates is to document these charges
through analysis and witnesses in a persuasive manner, and to appeal to a Jury
of Conscience, composed of distinguished moral authority personalities from
around the world, to pass judgment on the actors and their actions from the
perspective of international law.
We understand that the WTI is not a court of law with powers of enforcement.
It is rather an informed inquiry by concerned, independent, non-partisan, and
honest persons into the relevance of international law that is designed to
discredit any claims by the governments who have supported the Iraq War that
their action is somehow legal and morally and politically acceptable. It is
designed to tell the truth as clearly and powerfully as possible with respect
to all aspects of the Iraq War. In the end if democracy is to be the true
basis of political authority, then leaders must be made accountable,
especially if they fail to uphold the Rule of Law in the area of war and
peace. If governments and the United Nations are unable and unwilling to
discharge this responsibility, then citizens acting on behalf of civil society
have the duty to challenge and oppose an illegal war and practices that
violate international humanitarian law. It is after all, in the famous words
of the UN Charter, �We the peoples of the world� who are �determined to save
succeeding generations from the scourge of war.�
The WTI takes these words seriously as a call to action. We who are
participating in this Tribunal are speaking here in Turkey as �citizens of the
world� who are part of a global movement to oppose aggressive wars and to
resist the wider ambitions of the United States Government to override the
sovereignty and independence of states. And we of the WTI are calling on
others in every country who seek global peace and justice, including the
protection of human rights, to join us in doing this vital work. It is time to
understand that aggressive war has become something more than a struggle
between particular states. It is an assault on the well being of people
everywhere, and must be opposed everywhere. Aggressive war is not only a Crime
Against Peace, it has also become the greatest Crime Against Humanity.
The WTI is opposing aggressive war, war crimes, and crimes against humanity.
It is not opposing the governments or the United Nations. Indeed it hopes to
create pressure from below that will encourage law-abiding governments and the
UN to do their proper job of protecting weaker countries and their populations
against such illegalities. And beyond this protection we are promoting a world
movement of peoples and governments to realize a humane form of globalization
that is equitable with respect to the world economy, legitimate in upholding
the human rights of all, and dedicated above all else to creating the
conditions for sustainable peace based on justice for every nation on earth.
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