Lawyers say Canadian PM would be complicit in war crimes

[JohnyCanuck]

and liable to prosecution if he persists in inviting Bushler to Canada.

Got this email forwarded to me today.

Michael Mandel and Gail Davidson

on behalf of Lawyers against the War (LAW) a Canada-based committee of jurists and others with members in thirteen countries.

Friday, November 19, 2004

The Right Honourable Paul Martin
Prime Minister of Canada
Office of the Prime Minister
Langevin Block
80 Wellington Street
Ottawa, Canada K1A 0A2
Tel: [phone]
Fax: [phone]
Email: [e-mail]

URGENT

Dear Prime Minister Martin:

It was with absolute dismay that we learned of the planned visit of President Bush to Canada on November 30th 2004.

Surely you are aware of the many grave crimes against humanity and war crimes for which President Bush stands properly accused by the world, starting with the Nuremberg Tribunal’s ‘supreme international crime’ of waging an aggressive war against Iraq in defiance of international law and the Charter of the United Nations, and including systematic and massive violations of the Geneva Conventions Relative to the Treatment of Prisoners of War and Relative to the Protection of Civilian Persons in Time of War, as well as the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. As recently as November 16, U.N. High Commissioner for Human Rights and former war crimes prosecutor Louise Arbour called for an investigation into crimes against the Geneva Conventions in the assault by US forces on the densely populated city of Fallujah.<1>
The terrible toll in life and limb of these crimes was documented in a study carried out by the Johns Hopkins University School of Public Health in Baltimore and published in the October 29, 2004 issue of the British Medical Journal The Lancet which conservatively estimated that the war had taken 100,000 Iraqi lives, mostly women and children.<2> This was well within the range predicted before the war, for example by a British affiliate of International Physicians for the Prevention of Nuclear War who, in November 2002, assessed the probable death toll at a minimum of 48,000 deaths, mostly civilians, and predicted that post-war conditions would cost an additional 200,000 lives.<3>

The President’s responsibility for these offences derives not only from his ‘command responsibility' as Commander in Chief of US forces, for crimes that he knew were being committed, or ignored through willful blindness, but did nothing to prevent; it also comes from his direct involvement in the formulation of policy. This includes his personal involvement not only in the devising and waging of an aggressive, illegal war, but also of the unlawful refusal to grant prisoner of war status to prisoners of war, contrary to specific provisions of the Geneva Conventions, an act repudiated in the US Courts.<4> It also includes the approval of techniques of interrogation by his direct subordinate, Secretary of Defense Rumsfeld, that legally and morally constitute torture and that led directly to the disgraceful violence against Iraqi prisoners, for example at the prison at Abu Ghraib.

As you know, not only are these acts criminal under international law, but many of them are also criminal under Canadian law, under laws enacted in pursuance of our international obligations, most importantly the Crimes Against Humanity and War Crimes Act, put in place just four years ago under a Liberal government. They also violate the provisions on torture in the Canadian Criminal Code.

By these laws, Canadians and non-Canadians alike are liable to prosecution in Canada, no matter where in the world they have committed their crimes. Furthermore, as the Attorney General can advise, the fact that these crimes have been committed by Mr. Bush while President of the United States is absolutely irrelevant to his personal liability to prosecution in Canada, according to principles established at Nuremberg and universally recognized since then, including by the British House of Lords in the Pinochet case in 1999. And if President Bush were to visit Canada after leaving office, we would be seeking the Attorney General’s permission under section 9 of the Crimes Against Humanity and War Crimes Act and section 7 of the Criminal Code to commence proceedings against him.

However, as you also know, should President Bush come to Canada now, while still President, he would be clothed with both diplomatic and head of state immunity from our laws and we would be powerless to bring him to justice.

Your invitation in these circumstances, therefore, shows contempt for both Canadian and international law and is a grievous insult to the literally hundreds of thousands of victims of President Bush’s international crimes. It is also our belief that the invitation endangers Canadians’ security at home and abroad, because it is a departure from our steadfast refusal to this point to participate in this criminal war of the Bush administration. In fact, it is our belief that this invitation can only act as an encouragement to President Bush in his continuing criminal activity, providing him with an important platform in this, his first post re-election foreign visit, to defend illegal US actions in Iraq and to improve his international standing despite them, all this against the wishes of the majority of Canadians.

Indeed, we feel bound to point out that your invitation to President Bush may thus constitute an abetting of the crimes he and his administration and military continue to commit. As such you and your colleagues could be personally liable to prosecution under the Crimes against Humanity and War Crimes Act by virtue of section 21 of the Canadian Criminal Code, for crimes so serious that they are punishable in Canada by up to life imprisonment. Abetting a crime, as the Attorney General will advise, is regarded as equally criminal to actually committing it and is complete when one intentionally, knowingly, or with willful blindness encourages the commission of a crime by another.

Nor would President Bush’s immunity be capable of shielding you and your colleagues from prosecution, because, as the Attorney General will advise, the immunity applies only to foreign officials visiting Canada and not to members of the Canadian government itself. Nor does the inability to prosecute a criminal affect the criminal liability of an abettor.

It is for all these reasons we urgently request a meeting with you, the Foreign Minister, the Attorney General or your representatives in Ottawa, so that we might have the opportunity to elaborate on these matters and to persuade you to declare President Bush persona non grata in Canada, or at least to rescind this invitation, and thus to avoid implicating yourselves and Canada in the most serious of international crimes.

Sincerely,



Michael Mandel and Gail Davidson
on behalf of Lawyers against the War (LAW) a Canada-based committee of jurists and others with members in thirteen countries.


<1> Reuters, “U.N. Rights Boss Urges Fallujah 'Abuses' Probe”
http://yahoo.reuters.com/newsArticle.jhtml?type=topNews&storyID=6828157.
<2> Les Roberts, Riyadh Lafta, Richard Garfield, Jamal Khudhairi, Gilbert Burnham, Mortality before and after the 2003 invasion of Iraq, published online 29 October 2004.http://image.thelanct.com/extras04art10342web.pdf
<3> Collateral Damage: the Health and Environmental Costs of War on Iraq, 12 November 2002. http://www.ippnw.org/CollateralDamage.pdf
<4> For example Hamdan v. Rumsfeld et al, (United States District Court for the District of Columbia, November 7, 2004).

cc: The Honourable Bill Graham P.C. Q.C. M.P.
Minister of National Defence
General George Pearkes Building
101 Colonel By Drive – 13th Floor
Ottawa Ontario K1A 0K2
Tel: [phone]
Fax: [phone]
Email: [e-mail]

The Honourable Irwin Cotler
Minister of Justice and Attorney General of Canada
312 West Block
House of Commons
Ottawa Ontario K1A 0A6
Tel: [phone]
Fax: [phone]
Email: [e-mail]

[acmavm]

1. And all these years Americans have been making fun of Canadians!

Thank you all for your decency, integrity, and the intelligence not to back this administration in it's assault on an innocent populace and it's utter indifference to morality and justice.

And by innocent I mean a nation of people who were no threat to this country, who committed NO crimes against our people, and who did not deserve to be bombed into oblivion.

[The Backlash Cometh]

2. I guess the joke was on us.

[gerrilea]

3. Do I Hear an AMEN! AMEN!

Finally someone has the guts and the knowledge to push this home...I hope they succeed...after all...I was considering moving to Canada after the election myself...but I decided to stay and fight...!!!

[glarius]

5. Gee, we didn't know you were making fun of us!....hahaha

We just thought you were coming to our borders in the summer time with skiing equipment because you really believed it was winter here all the time!..hahaha
P.S...our government did not join the coalition of whatever in the attack on Iraq...That is why Bush has ignored us up until now and not paid us an official visit....It has been a long-standing custom for every new president of the U.S.A. to make his first out of country visit to Canada....Bush is the first one who didn't do that....Of course we were all broken-hearted...hahaha

[Cleita]

4. Question?

Weren't Canadians part of the coalition of the willing? How would this fall on the PM?

[glarius]

6. We were only with the U.S.A for Afghanistan....not Iraq

That's why Bush gave us the cold shoulder as I explained in reply #5...:)

[JohnyCanuck]

7. Not officially a member of the Iraq coalition is my understanding.

Although we are part of the official Afghanistan coalition and supplied troops for Afghanistan peace keeping operations, we have not officially joined as part of the Iraq coalition. Although some claim that's still a grey area as the Canadian Navy is a member of US Navy task forces patrolling the Persian Gulf on the lookout for terrorists/arms smugglers etc. escaping from or trying to get into Iraq. I have also heard reports on a radio talk show that a few Canadian troops attached to US Army units on military exchange programs actually did actively participate in the Iraq invasion as well, but have never heard any official confirmations or denials of this.

[jackster]

8. THANK YOU THANK YOU THANK YOU

Canadians....

we're all SOOOOOO jealous.... or at least I am

besides, you have the best national anthem!

OH CA NA DA!

:toast:

[dreamcollector]

9. When they bring in the draft

Head on up to Canada. We'll hide you here. Give us your tired, your sick your whatevers... the underground railroad is still available for you to use.

[The Backlash Cometh]

10. I wish there were opportunities for young men today.

If Canada wanted to populate their rural areas, they should openly recruit American boys. So if the draft does come in, they'll be in the right place to expatriate themselves. They'll have plenty of Canadians with American roots dating back to the 60s who can help them through it.

[CatBoreal]

11. Hear! Hear!

My spare room is always open. Besides, I don't think your government could spell Kapuskasing, let alone find it on a map.

Cam

[Tierra_y_Libertad]

12. It's nice to know that there is one sane country in North America.

Canada continues to exhibit the benefits of civilization to it's southern neighbors. Unfortunately, we have yet to learn from your example.

I do wish, however, that you would relax your immigration laws enough for less than wealthy retirees. We be across the border as soon as the house sold.

[pretzel4gore]

14. some background to this...our nazipoos are almost as bad as yours

the political dynamic in canada is summed up in one word: quebec. french quebec. Quebec could easily be its own country, its population (about 6 million) its resource base etc...problem is canada would be broken into 3 pieces, with maritimes on other side of quebec. To put it bluntly, canada, 'english' canada, has sought to prevent quebec from going off on its own by alot of quebec positive policies; bilingualism as official just one example....since the separatist movement of 60's 70's 80's etc got going, most (all) prime ministers have been quebecers, including 'conservative' brian mulroney. So canada has never been able to enter the 'anglo saxon' group that britain, the US and australia form (NZ too but that another story)...like South Africa and its problems, Canada must beware outraging Quebec or else....so therefore the rightwing here is rendered harmless (to join the 'anglos' would unleash Quebec nationlism again, and it only take a few to tip the scale)...it's ironic that the very thing that drives canada crazy has saved the country from becoming a US state(s)...

[Tierra_y_Libertad]

15. Thanks for the perspective.

And, I guess, thanks to the Quebecers from saving you from such a fate.

My grandfather emigrated to Canada from England around the turn of the century. Being an ex-cavalryman he broke horses for the Canadian Army as a contractor. Got on top of the wrong horse and my widowed grandmother moved to the USA with 4 kids. I sometimes wonder how things would have turned out if she could have found work in Canada.

[Spazito]

13. Using the e-mail posted above, I just sent the following e-mail to

Martin:

Dear Prime Minister Martin,

The President of the United States, as the head of his country, has committed war crimes and should be barred from entering our country. I am appalled at the silence from the Liberal party and our government, as a whole, to the slaughter of Iraqis by the United States and Britain.

I ask you to condemn, in the strongest manner, the illegal invasion and occupation of Iraq and to listen to the majority of Canadians who want you to speak out against George Bush and his policies.

Yours truly,
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