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THE CHAIRMAN'S MESSAGE

The recent conviction by a Federal Court in New York of four supposed " Islamic terrorists" for the bombing of the American embassies in Kenya and Tanzania demonstrates just how far America is prepared to go to pursue crimes against American personnel and property.

Three of the four found guilty are not American citizens and were not arrested in the United States; nevertheless they were pursued and extradited from other countries to face charges under the American Federal Law system.  The United States claimed that its right to pursue and extradite the accused was a stand against terrorism, and spent vast sums of money in bringing the perpetrators before its courts. America has also set up and funded to the tune of 16 million dollars the war crimes tribunals in the Hague, to bring to justice Serbs, Croats, Tutsis and Hutus, for the ethnic cleansing, brutal violations of human rights and war crimes in former Yugoslavia and Rwanda.

These actions seem to support America's claim to be the defender of freedom, democracy, human rights and civil liberty around the globe. It's support for these ideals have justified most of America's foreign policy since the Second World War. First, it was communism that needed defeating. Then, as the Cold War drew to a close with the break-up of the Soviet Union, it was international terrorism and "rogue states" that needed taming. It is these ideals that have justified America's interventions in the affairs of other states, the overthrowing of governments, and the pursuit and destruction of individuals considered as being threats to western democratic freedom.

One can only admire and praise a country whose declared aim is to defend freedom and liberty around the world. It is such a shame that these lofty ideals do not apply to Arabs, particularly the people of Palestine who are fighting to free themselves and their country from a ruthless invader; and the people of Iraq, who suffer daily from an economic and psychical blockade of their country.

There has been an amazing silence in America on these issues. There have been no calls for action from the US Congress or Senate, nor any words of outrage on these matters from the White House. In fact the very idea of setting up international courts or tribunals in the Hague is to try the leaders of the governments that are daily violating Palestinian and Iraqi basic human rights. Who carries out policies of ethnic cleansing, who commits war crimes, and who denies the basic civil rights and liberties of the people of these countries is about the farthest thing from America's mind.

Yet, it seems that when it comes to Arabs, other rules apply!
Why is the self proclaimed champion of freedom and democracy so silent on these glaring human rights abuses and why is it not taking action to bring those responsible for these human rights crimes to justice?

The answer is quite simple. If it were to participate and support fair and impartial international courts, it, along with its leaders, might be in the dock themselves; standing alongside their allies, Israel and Britain. With the former, for supporting and condoning the illegal occupation of Palestine, and with the latter for colluding in the bombing and blockading of Iraq that has caused hundreds of thousands of deaths.

It is the most stunning of ironies that the Americans who went to war in 1942, to defend the world against German Fascism and Japanese imperialism, should be seen by many around the world today, as supporting regime who are abusers of others human rights. Demonstrated by the bombing and blockading of Iraq. Another breath-taking irony is that Israel, established in the wake of the attempted extermination of the Jews by the Third Reich, in which many millions lost their lives, should in their turn inflict on another people, the Palestinians, the pain of conquest, occupation, displacement, statelessness, exile, subjection and oppression. It is supported in this oppressive project by its principal patron, America. Israel it seems, has forgotten its own people's history as it continues to abuse the rights and freedom of the Palestinians.

However, time may be running out for nations and leaders who have thought themselves above the law and unaccountable for their actions.  The international community of nations, represented by the UN, has been working towards establishing an International Criminal Court, in recognition of the idea that there is a body of universal humanitarian law that already exists and should be applied to all nations and their leaders.

There have been calls for the establishment of an ICC in one form or another since the UN General Assembly of 1948. But it was not until 1998 that a statute to set up the court, was approved by a vote in the UN General Assembly. A preparatory commission was set up in 2000 and it is expected that the court will begin its work sometime in 2002 -2004.  Crimes within its jurisdiction are genocide, war crimes and crimes against humanity such as the systematic extermination of civilians, enslavement, torture, rape, persecution on political, racial or ethnic grounds, and enforced disappearances.

While this is a great step forward for oppressed peoples around the world, its establishment may come too late to prevent Israel from either expelling or ethnically cleansing the Arabs of Palestine. And, if sanctions are not lifted soon, it will be too late to prevent the deaths of many thousands of Iraqis, especially the young. The only hope for the people of Palestine and Iraq is that the United Nations recognises the urgent need for special tribunals for both countries. In them, those responsible for these open violations of the Geneva and Hague conventions on human rights can be brought to court and charged. But more importantly, they will be used to protect the citizens of these countries from further acts of aggression and atrocity. I order to be effective, the International Criminal Court will need teeth. It needs the authority to impose sanctions and penalties that are internationally binding, so it can enforce its judgements and enforce its penalties.  Otherwise , countries such as Israeli and the United States will only ignore the court and its rulings.

It would take an act of courage, so far lacking by all the countries that make up the United Nations, to defy and take action against America and - the world's remaining super - power and its ruthless client state. Simply supporting special courts on Palestine and Iraq will bring penalties upon the citizens of those countries that support the court. Nearly every nation on earth depends on the American economy and global system to a lesser or greater extent.  America is certain to punish countries for supporting any move to set up special tribunals, either with economic sanctions, or by withdrawing aid and military assistance to countries who depend on them, in an effort to prevent itself or its citizens becoming answerable for its actions around the globe.

America's leaders do not want the American people to question its decisions or how they are governed or how they conduct foreign policy. Ordinary American citizens hold a deep-rooted belief in fairness, toleration, freedom of the individual, the right to justice under law, the democratic process; and are proud of its humanitarian record. So for their country to be condemned in an International Criminal Court of human rights abuses would shatter their illusions and give them cause to ask hard questions of their government and leaders.

If we really, seriously, want to achieve justice for the Palestinian and Iraqi people we must accept that our support will have penalties, but surely they are worthwhile to achieve peace and stability in the region, for one follows the other. Achieve peace, and prosperity will follow. So let every individual who wishes to see the Arab world emerge from under the burden of these conflicts call on their leaders to stand firm and face down Israel regardless of the cost. Until the rest of the world's nations stand firm and united, Israel and its allies will go on ignoring them. Only by hardening our resolve to seek justice, fairness and respect for Arab Human rights will we be able to get the world to take notice of our problems.

KHALAF AL HABTOOR  

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