Posted: 5/18/2012 1:34:15 AM
The five-panel tribunal
unanimously delivered a guilty verdict against former United States
President George W. Bush and his associates at the Kuala Lumpur War
Crimes Tribunal hearing that had started on Monday, May 7th.
On the charge of Crime of
Torture and War Crimes, the tribunal finds the accused persons former
U.S. President George W. Bush and his associates namely Richard Cheney,
former U.S. Vice President, Donald Rumsfeld, former Defence Secretary,
Alberto Gonzales, then Counsel to President Bush, David Addington, then
General Counsel to the Vice-President, William Haynes II, then General
Counsel to Secretary of Defence, Jay Bybee, then Assistant Attorney
General, and John Choon Yoo, former Deputy Assistant Attorney-General
guilty as charged and convicted as war criminals for Torture and Cruel,
Inhumane and Degrading Treatment of the Complainant War Crime Victims.
Earlier in the week, the
tribunal heard the testimonies of three witnesses namely Abbas Abid,
Moazzam Begg and Jameelah Hameedi. They related the horrific tortures
they had faced during their incarceration. The tribunal also heard two
other Statutory Declarations of Iraqi citizen Ali Shalal and Rhuhel
Ahmed, a British citizen.
Testimony showed that Abbas
Abid, a 48-year-old chief engineer in the Science and Technology
Ministry had his fingernails removed by pliers. Ali Shalal was attached
with bare electrical wires and electrocuted and hung from the wall.
Moazzam Begg was beaten and put in solitary confinement. Jameelah was
almost nude and humiliated, used as a human shield whilst being
transported by helicopter. All these witnesses have residual injuries
These witnesses were taken
prisoners and held in prisons in Afghanistan (Bagram), in Iraq (Abu
Gharib, Baghdad International Airport) and two of them namely Moazzam
Begg and Rhuhel Ahmed were transported to Guantanamo Bay.
In a submission that lasted a
day, the prosecution showed in an in depth submission how the
decision-makers at the highest level President Bush, Vice-President
Cheney, Secretary of Defence Rumsfeld, aided and abetted by the lawyers
and the other commanders and CIA officials – all acted in concert.
Torture was systematically applied and became an accepted norm.
According to the prosecution,
the testimony of all the witnesses shows a sustained perpetration of
brutal, barbaric, cruel and dehumanizing course of conduct against them.
These acts of crimes were applied cumulatively to inflict the worst
possible pain and suffering.
After hearing the defence of the
Amicus Curiae and the subsequent rebuttal the prosecution, the tribunal
ruled unanimously that there was a prima facie case made out by the
After hours of deliberation, the
tribunal, in the verdict that was read out by the president of the
tribunal Tan Sri Dato Lamin bin Haji Mohd Yunus Lamin, found that the
prosecution had established beyond a reasonable doubt that the accused
persons, former President George Bush and his co-conspirators engaged in
a web of instructions, memos, directives, legal advice and action that
established a common plan and purpose, joint enterprise and/or
conspiracy to commit the crimes of Torture and War Crimes, including and
not limited to a common plan and purpose to commit the following crimes
in relation to the “War on Terror” and the wars launched by the U.S.
and others in Afghanistan and Iraq:
(a) Torture; (b) Creating,
authorizing and implementing a regime of Cruel, Inhumane, and Degrading
Treatment; (c) Violating Customary International Law; (d) Violating the
Convention Against Torture 1984; (e) Violating the Geneva Convention III
and IV 1949; (f) Violating the Common Article 3 of the Geneva
Convention of 1949. (g) Violating the Universal Declaration of Human
Rights and the United Nations Charter.
The Tribunal finds that the
prosecution has established beyond a reasonable doubt that the Accused
persons are individually and jointly liable for all crimes committed in
pursuit of their common plan and purpose under principles established by
Article 6 of the Charter of the International Military Tribunal (the
Nuremberg Charter), which states, inter alia, “Leaders, organizers,
instigators and accomplices participating in the formulation or
execution of a common plan or conspiracy to commit war crimes are
responsible for all acts performed by any person in execution of such
The Principles of the Nuremberg
Charter and the Nuremberg Decision have been adopted as customary
international law by the United Nations. The government of the United
States is subject to customary international law and to the Principles
of the Nuremburg Charter and the Nuremburg Decision.
The Tribunal finds that the
prosecution has proven beyond reasonable doubt that the accused lawyers,
gave ‘advice’ that “the Geneva Conventions did not apply (to suspected
al Qaeda and Taliban detainees); that there was no torture occurring
within the meaning of the Torture Convention, and that enhanced
interrogations techniques, (constituting cruel, inhumane, and degrading
treatment,) were permissible.”
The prosecution has also
established beyond a reasonable doubt that the accused lawyers “knew
full well their advice was being sought to be acted upon, and in fact
was acted upon, and such advice paved the way for violations of
international law, the Geneva Conventions and the Torture Convention.”
The accused lawyers’ advice was
binding on the accused Bush, Rumsfeld and Cheney, each of whom relied on
the accused lawyers’ advice. Others, such as CIA Director George Tenet
and Diane Beaver, officer in charge at Guantanamo, relied on the accused
lawyers’ advice. The prosecution had established beyond a reasonable
doubt that the accused lawyers are criminally liable for their acts, and
for participating in a joint criminal enterprise.
The president read that the
Tribunal orders that reparations commensurate with the irreparable harm
and injury, pain and suffering undergone by the Complainant War Crime
Victims be paid to the Complainant War Crime Victims. While it is
constantly mindful of its stature as merely a tribunal of conscience
with no real power of enforcement, the Tribunal finds that the witnesses
in this case are entitled ex justitia to the payment of reparations by
the 8 convicted persons and their government.
BUSH WASN'T ANY GOOD??? And then we get Obama??? Amazing?