ICC PROSECUTING JUDGE MORENO-OCAMPO IS A WAR CRIME ACCOMPLICE

ICC PROSECUTING JUDGE MORENO-OCAMPO IS A WAR CRIME ACCOMPLICE

 on Saturday, July 16, 2011 at 9:16am ·ICC Prosecuting Judge Moreno-Ocampo is a War Crime Accomplice

It seems ICC Prosecuting Judge, Moreno-Ocampo is quite convinced he is above international law and “impartial”, I would like to let the world know that since appointed on June 16, 2003, he has abstained from any imperial prosecutions, exposing himself as complicit with horrific Western crimes of war and against humanity, leaving America, Israel, and other culpable states unaccountable.Instead of doing his “impartial” job for the international community, he chose soft targets, in particular Western designated ones, including outlier officials in Uganda, the Democratic Republic of Congo, the Central African Republic, Sudan, Kenya, and Libya, absolving the most culpable big fish, particularly George W Bush, Cheney, Obama, key people under them, and top Pentagon commanders.Moreover, he avoids prosecuting rogue Western-allied MENA country (Middle East/North Africa) allies, including:– Egypt’s military junta;– Iraq’s puppet leaders;– Afghan ones;– Bahrain;– Saudi Arabia;– other Gulf Cooperation Council (GCC) states;– Yemen;– Morocco;– Algeria;– Tunisia; and– most notably of all, Israel, by far the region’s most culpable state for over six decades,responsible for horrendous crimes of war and against humanity.Since the Tribunal thinks they can be the only one who can compile evidentiary support, I would like to share actual cables that prove his “impartiality” and “competence” as a Prosecuting Judge like he is now :

C O N F I D E N T I A L USUN NEW YORK 000306EO 12958 DECL: 03/23/2019TAGS PGOV, PREL, UNSC, PHUM, SU, XW

SUBJECT: (C) ICC’S OCAMPO ON SUDAN: GO AFTER BASHIR’S MONEY AND CALL FOR HIS ARREST; REASSURE CHINA

Classified By: Ambassador Alejandro D. Wolff, for reasons 1.4 b/d1. (C) International Criminal Court Prosecutor Luis Moreno-Ocampo told Ambassadors Rice and Wolff on March 20 that Sudanese President Bashir needed to be isolated. Ocampo suggested if Bashir’s stash of money were disclosed (he put the figure at possibly $9 billion), it would change Sudanese public opnion from him being a ‘crusader’ to that of a thief. Ocampo reported Lloyd’s Bank in London might be holding or knowledgeable of the whereabouts of his money. Ocampo suggested simply exposing that Bashir had illegal accounts would be enough to turn the Sudanese against him, “as with Pinochet.”2. (C) Ocampo said Bashir invents conflict to create a better negotiating position, and thought Bashir was using the expulsion of the NGOs to divert attention away from his arrest warrant. Ocampo suggested the U.S. and the international community also needed to push for Bashir’s arrest to isolate him. Ocampo likened Bashir’s situation to “a bleeding shark being surrounded by other sharks,” with no loyalty, only greed, motivating those competing for power. By promoting the possibility of Bashir’s arrest, Bashir would be further marginalized within Sudan’s ruling elite, Ocampo thought.3. (C) Ocampo suggested it would be beneficial to reassureChina that its access to oil would not be jeopardized. If Chinabelieved Bashir was becoming a destabilizing influence, Ocampo said China might be more open to his removal as long as his replacement would guarantee support for China’s economic interests.WolffA dispatch from Alberto M. Fernandez of the Khartoum embassy, dated 11 December 2008, reports on a 7 December briefing by UNAMID’s Joint Special Representative Rodolphe Adada. Under the sub-head ‘Ocampo’s Imaginary Numbers’, Fernandez writes:7. (C) Adada ppoured scorn on the “wildly inaccurate” recent statements of ICC prosecutor Luis Moreno-Ocampo that “5,000 people were being killed each month in Darfur.” He added that who would be so naive and ill-informed to believe such a thing” He noted that this would be over a hundred people a day being killed, a level of violence not seen in Darfur for several years (Note: probably not since 2005). Even the horrific Kalma camp massacre of August 25, 2008 which killed 33 innocent people was “one crime on one day, this doesn’t happen very often.” He mused that such patently absurd and false information put out by Ocampo doesn’t make him look very credible in the eyes of those who actually know something about the reality of Darfur.

There’s still more of interest in a report on a visit by a senior Chinese official to Khartoum. The US diplomat says that Chinese concern about the issuance of an arrest warrant against President Bashir was ‘well-founded’, ‘useful and helpful’.Thursday, 04 September 2008, 10:56C O N F I D E N T I A L SECTION 01 OF 02 KHARTOUM 001354SIPDISDEPT FOR AF A/S FRAZER, S/E WILLIAMSON, AF/SPGNSC FOR PITTMAN AND HUDSONADDIS ABABA FOR USAU

EO 12958 DECL: 08/12/2018

TAGS PGOV, PREL, KPKO, UNSC, AU-1, SU, CM

SUBJECT: CHINA COUNSELS SUDANESE ENGAGEMENT, U.S. RESTRAINT

IN ICC PROCEEDINGS AGAINST BASHIRClassified By: CDA Alberto M. Fernandez, for reasons 1.4 (b) and (d)1. (C) Summary: During his recent visit to Sudan, Chinese Special Envoy Zhai Jun strongly counseled the GOS to remain prudent in dealing with the threatened arrest warrant for President Bashir and to continue to engage with the international community, according to Chinese Ambassador Li. Zhai even suggested that Sudan contact the ICC itself. Li encouraged the USG to consider shared interests in Sudan,s stability and not to veto a UNSCR postponing the ICC proceedings. CDA Fernandez thanked China for its helpful message to the GOS, and reported that the USG has made no decision whatsoever regarding an Article 16 vote. He emphasized that the USG’s primary concern remains tangible improvements in the situation in Darfur, the recent violence by the regime in Kalma Camp was a setback, and thus far the USG sees no reason to postpone ICC action. End Summary.Special Envoy Zhen,s Message to Khartoum- – - – - – - – - – - – - – - – - – - – -2. (C) On September 3, Chinese Ambassador Li Cheng Wen briefed Charge Fernandez on Chinese Special Envoy and Assistant Foreign Minister Zhai Jun,s recent visit to Sudan. Zhai, who is responsible for Africa and the Middle East, inaugurated the new Chinese consulate in Juba and discussed the possible ICC indictment of President Bashir with GOS officials inKhartoum. On the latter issue, Li stated that Zhai expressed grave concern about the negative effect an ICC indictment would have on resolving the Darfur crisis. Zhai found Bashir to be quite receptive.3. (C) According to Li, SE Zhai praised the GOS for its calm handling of the matter thus far, and encouraged GOS officials to continue to mobilize internally and engage the international community, including the UN Security Council and especially the P-5. Zhai also made a “friendly suggestion” that the GOS consider communicating with the ICC itself, either directly or indirectly. Li expressed hope that such contact could influence and perhaps “curb the next steps” in the ICC process. He stated that the GOC views ICC indictment not only as a political, not a legal matter. As such, it is encouraging the GOS to pursue both legal and political solutions to the problem.ICC Action Threatens Darfur Progress- – - – - – - – - – - – - – - – - – -4. (C) Li stated that the GOC is extremely worried about how the ICC indictment will affect in Darfur, asserting that it has hardened the rebels’ stance towards peace. He believes that GOS officials now understand the gravity of the situation they have created over the years, and hopes they will heed GOC advice continue to engage with the international community. “Not heating up this matter is in the interest of all parties,” he said.5. (C) CDA Fernandez thanked Li for China,s helpful and useful message to the GOS. He noted that while the United Statesshares GOC concerns about Sudan,s stability, its primary focus is achieving tangible improvements in the situation in Darfur, especially in regards to humanitarian access. He continued that while GOS contact with the ICC might influence P-5 members France and theUK, it does not by itself concern the United States, which is not a party to the ICC.6. (C) Li concurred that the GOS could do more to speed up humanitarian access and take other positive actions but cautioned that “only pressuring the Sudanese government is no use.” Continued antagonism serves to strengthen the suspicions of hardliners within the NCP that the West is plotting againstSudan, he said. Rather, “we need to engage with them” to help solve the Darfur crisis. Both agreed that there is some anecdotal evidence of regime infighting about what is the best strategy: cooperation or escalation.7. (C) Li expressed puzzlement at perceived British and French support for ICC Chief Prosecutor Luis Moreno-Ocampo. He stated that “whoever had a role in creating this problem will bear responsibility” if Sudan descends into chaos as a result of the ICC indictment, adding that such an outcome could have been easily forecast. He declared that destabilization of Sudan is in no one’s interest, adding that “to help Sudan is to help ourselves. I hope the British and French understand this philosophy.” He observed that French companies have oil interests in Sudan as well as in Chad. . CDA Fernandez agreed that an ICC indictment will present great challenges to achieving peace in Darfur, but commented that the decision to indict President Bashir was may bave been made by an overzealous prosecutor and is not the result of “high politics” or a conspiracy by the West. He noted President Bashir’s sweeping claims to want to change the situation in Darfur for the better, “we want to see tangible results, not words or process.”U.S. Should Not Block Delaying ICC Action- – - – - – - – - – - – - – - – - – - – - -8. (C) CDA Fernandez’ meeting with Li followed a flurry of erroneous media reports that China is expected to “veto” the issuance of an arrest warrant for President Bashir. (Note: For example, the newspaper Akher Lahza ran a story with the headline “China Does Not Rule Out Veto To Invalidate Ocampo’s Allegations,” which noted that “President Bashir received a verbal message from his Chinese counterpart expressing a his country’s support for Sudan regarding Ocampo’s allegations,” but that “Peking denied reaching the stage of using a veto to invalidate the ICC prosecutor’s procedures because the case is still in its primary phase.” Another daily, Al-Rae’d, ran a headline “Chinese veto awaits Ocampo.” End Note.) Li acknowledged that these reports suggest a fundamental misunderstanding of role of Article 16 of the ICC Statute by the Sudanese public, and that it is a P-3 veto of a deferral of the ICC proceedings that GOS must worry about. He urged the USG to think of its and Chinese “mutual interests” in Africa when making a decision. “Stability is in the interests of all parties,” he said. “It’s what we should work for in the New World Order.”Comment- – - -9. (C) Li’s concern that the issuance of an arrest warrant for President Bashir could have profound destabilizing effects are well founded. Combined with the end of the rainy season and renewal of rebel activity on both sides of the Chad-Sudan border, the ICC indictment could set off a chain reaction of violence and instability. China’s encouragement of GOS internal mobilization and international engagement, including with the ICC, is both useful and helpful, but its unclear whether the NCP even has the capability, let alone the willpower, to take any action towards solving the crisis if it can decide what those steps should be.FERNANDEZ

It seems I may have to remind our ICC Prosecuting Judges who have forgotten our Universal Declaration of Human Rights and international laws such asGeneva Convention of 1949 – which comprises of four treaties, and three additional protocols, and are established as standards of international lawfor the humanitarian treatment of the victims of war. The articles of the Fourth Geneva Convention (1949) extensively defined the basic rights of prisoners (civil and military) during war; it is established for the protections of the wounded; the civilians in and around a war zone. The treaties of 1949 were ratified, in whole or with reservations, by 194 countries, including Libya. The international law defines the rights and protections of non-combatants, thus:

Everyone is entitled in full equality to a fair and public hearing by an INDEPENDENT and IMPARTIAL tribunal, in the determination of his rights and obligations and of any criminal charge against him.- Universal Declaration of Human Rights

“Protected persons are entitled, in all circumstances, to respect for their persons, their honor, their family rights, their religious convictions and practices, and their manners and customs. They shall, at all times, be humanely treated, and shall be protected, especially against all acts of violence or threats thereof and against insults and public curiosity. Women shall be especially protected against any attack on their honor, in particular against rape, enforced prostitution, or any form of indecent assault. Without prejudice to the provisions relating to their state of health, age and sex, all protected persons shall be treated with the same consideration by the Party to the conflict in whose power they are, without any adverse distinction based, in particular, on race, religion or political opinion. However, the Parties to the conflict may take such measures of control and security in regard to protected persons as may be necessary as a result of the war. “- Article 27, Fourth Geneva Convention (1949)

Article 1 of Protocol I clarifies that armed conflict against colonial domination and foreign occupation also qualifies as an international conflict, which should be used for defending Libyan sovereignty. The Libya debate meets these criteria, and thus, the full protections of the Conventions should apply to take everything into account and put these criminals in a war tribunal for these heinous crimes.Base on the Convention, these serious crimes, legally termed as grave breaches,the atrocities done to Libya and Gaddafi are to be considered as war crime.US/UK/EU/NATO and the GROUP of 5 Big American Equity Fund Executive instigators of this international conflict have breached the Third and Fourth Geneva Conventions against Gaddafi, Libya and humanity, which is supposedly protected by the Convention:

willful killing, torture or inhumane treatment, including biological experimentswillfully causing great suffering or serious injury to body or healthcompelling someone to serve in the forces of a hostile powerwillfully depriving someone of the right to a fair trialextensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly

The International Laws also stipulates that when the Geneva Conventions are applied, governments must surrender a certain degree of their national sovereignty to comply with international law. Again, it is hypocritical of the Court to ask Mr. Gaddafi and his cohorts to step forward into the obviously impartial Western Sanhedrin filled with Pharisaical mob in addition to baseless allegations and lack of substantial evidentiary support.The Court’s proceedings have often been questionable where not farcical. Its judges – some of whom have never been lawyers, let alone judges – are the result of vote-trading amongst member states. The Court has produced witnesses who recanted their testimony the moment they got into the witness box, admitting that they were coached by non-governmental organisations as to what false statements to make. There have been prosecutorial decisions which should have ended any fair trial because they compromised the integrity of any subsequent process. The ICC’s first trial stalled because of judicial decisions to add new charges half-way through proceedings. Simply put, the Court has been making things up as it goes along.The ICC claims to be “economical”, yet costs half a billion Euros to put on one deeply flawed trial, which subsequently ground to a halt for months. The ICC claims to be victim-centred yet in practice full of ambivalence towards victim communities. The ICC claims to bring “swift justice” but it has taken several years to bring the first accused to trial for allegedly using child soldiers. The Nuremberg trials, which addressed infinitely more serious charges, were over within a year. The ICC claims to be fighting impunity, yet it has afforded de facto immunity and impunity to several serial abusers of human rights who happen to be friends of the European Union and United States.Absolving Israel, America and its complicit partners mocks the notion of a legitimate tribunal. Worse still is targeting their victims, making them pay for imperial crimes. The ICC does not have Africa’s welfare at heart, only the furtherance of Western, and especially European, foreign policy and its own bureaucratic imperative – to exist, to employ more Europeans and North Americans and where possible to continue to increase its budget. Business as usual.Since everything has no validity and charades, it is imperative that NATO to stop their bombings and to also abandon its threat to kill Colonel Qadhafi and allow the ICC disputed process to take course. Failing which, it would mean that the ICC is not recognized and respected by NATO itself. Furthermore, NATO should immediately announce a ceasefire to guarantee the safety of the legitimate Libyan Leader, Colonel Qadhafi and other representatives and officials of the Libyan Arab Jamahiriya to exercise their right to defend themselves in a fair tribunal.The case against Muammar al-Gaddafi, his second eldest son Saif al-Islam and the head of Libyan intelligence, Abdullah al-Senussi is founded on the desperation to have access to the rich oil resources and not any legal ground as NATO should account on the destruction of Libyan infrastructure, killing of innocent civilians, women and children as well as the deprivation of access to basic necessities, including baby food.

Having the ICC issue illegitimate warrants very quickly as well the adamant referral of the Coalition and NATO speaks volumes of desperation because TRUTH be told and when all independent facts are presented as I am doing, Coalition members are the ones deserving of a War Tribunal for the blood of thousands are in their hands, not only breaking both international laand state laws with the assassination attempts.The merit of the facts alleged do not require long comments for they are the result of a campaign conducted through the media. A great deal of information that has been given to the media has already proven to be false. It is responsibility of the Libyan Arab Jamahiriya to use all legitimate means to maintain and re-establish law and order in the Libyan Arab Jamahiriya and to defend the unity and the territorial integrity of the Libyan Arab Jamahiriya.

- Lady Michelle Jennifer SantosFounder & Publisher/ Strategy-Peace Negotiator with the UN Security Council Special Envoy to the Arab Nations

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