Sri Lankan Government massacre of 40,000 to 70,000 Tamil Civilians


The Sri Lankan government will eventually be held accountable for the massacre of between 40,000 and 70,000 Tamil men, women and children in the first five months of 2009 < http://www.tamilnet.com/art.html?catid=79&artid=32247 >. Crimes that fall under the category of jus
cogens
are a ‘category’ or legal status of a crime that rises to the level
of internationally recognizable as a crime that cannot be violated by any
country in the world. These are war crimes, genocide, crimes against humanity
and prohibitions on slavery. This “Higher law” may not be violated by any country and its complicity is a duty, not an optional right. That duty is to prosecute or extradite to a jurisdiction that has the capacity to do so. The duty is known as obligatio erga omnes, which means obligations or rights toward all. This is a legal implication as a result of a jus cogens crime.

There is a United Nations Rome Statute, the principle of complementarity, is a safeguard to protect a nation’s sovereignty. This renders a case inadmissible to the International Criminal Court if the case is under investigation by the state with jurisdiction for this particular case. Complementarity allows for jurisdiction
by the International Criminal Court in cases where the state with jurisdiction
fails in their duty, e.g. unable or unwilling to proceed with an investigation,
or when the investigation is conducted in bad faith; which is what I have been
arguing in blogs regarding the Amanda Knox case in Italy.

Jurisprudence excludes ‘moral right’s in countries like the United States and South Asian Countries, but moral rights are a part of jurisprudence in Germany, France and other European countries. These statutes, which incorporate moral rights, give additional legal opportunities to bring to justice, violators of human rights.

Many scholars believe the Sri Lankan government will eventually be held accountable as they have had high ranking officials going on record stating they would not proceed with an investigation, which presumes the likelihood of an investigation in bad faith, should they acquiesce to fend off public pressure, as a result of these statements.

There have been so many opportunities to implement International Human Rights Law and bring justice to the so many who have perished because of its breech. I am sickened by reading of the scale of evil that continues to exist in our world and the unbelievably slow pace at rescuing those in harms way.  When will the collective body of the citizens of th world finally say enough is enough and demand that EVERY nation be held accountable, swiftly, for breeches in crimes categorized as a jus cogens, at the very least?

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International Human Rights Law and the Amanda Knox Case


International
Human Rights Law and the Amanda Knox Case

 We are currently faced with yet another opportunity for International Human Rights Law to be validated as a proven tool for justice. Words alone do not meet the standard of credibility. Enforcement of this law and the real possibility that
one would be severely punished for the breeching of this law is the true
measuring stick for its power in our world today.

There is a perceived grave injustice allegedly committed by the Italian judicial system that can be reversed and save the validity of the rule of law being practiced in this beautiful state. One man, Giuliani Mignini has allegedly put his own needs ahead of that for his country. In my opinion, from what I have
researched, he has a history of using his power as a prosecutor to gain a
conviction, even when the party in question is clearly innocent. Allegedly he
uses tactics, with this alleged complicity of other powerful institutions to
dismiss, silence and invent scenarios in obtaining holdings of guilt that
boggle the mind to an outsider.

I personally take the law very seriously, as I have taken service to my country
very seriously. I am at a loss when one is so consumed with power; they forget
why they became a public servant in the first place. When one personally
questions their ability to differentiate right from wrong, do they dismiss this
as weakness or do they re-evaluate, re-adjust and become a greater person by
recognizing this slight derailment and get back on the right track?

In my opinion, Mr. Mignini must separate him personally from the case at hand and perform his duties as competently as he has the ability to do, but had somehow lost his way because of the consumption of power.

In the New Testament of the Bible, Matthew
7: 1
it says, “Do not judge or you
too will be judged
.” 2. “For in the same way you judge others, you
will be judged, and with the same measure you use, it will be measured to you
”.  The Bible is not saying one must not
judge, just that their judgment must be just and true
.

International Covenant on Civil and
Political Rights < http://www2.ohchr.org/english/law/ccpr.htm >

Adopted and opened for signature,
ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966

entry into force 23 March 1976, in
accordance with Article 49

Ratified by Italy April 30, 1976 and then the Optional Protocol
to the International Covenant on Civil
and Political Rights
ratified by Italy September 15, 1978 with the
following RUDS,

The Italian Republic ratifies the Optional Protocol to the International Covenant
on Civil and Political Rights, it being understood that the provisions of
article 5, paragraph 2, of the Protocol mean that the Committee provided for in
article 28 of the Covenant shall not consider any communication from an
individual unless it has ascertained that the same matter is not being and has
not been examined under another procedure of international investigation or
settlement.

Exercise of understanding in the Optional protocol to the International Covenant on Civil and Political Rights is moot < http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-5&chapter=4&lang=en
>:

Given that the Italian Legal System and a person
(Mr. Mignini) operating in an official capacity for said legal system is
alleged to have violated said treaty agreement, the Italian Republics’
authority to execute this understanding as this case has not been examined
under another procedure of international investigation or settlement should be
nullified in this particular case
.

PART II

Article 2

3. Each State Party to the present Covenant undertakes:

(a) To ensure that any person whose
rights or freedoms as herein recognized are violated shall have an effective
remedy, notwithstanding that the violation has been committed by persons acting in an official capacity
;

(b) To ensure that any person
claiming such a remedy shall have his right thereto determined by competent
judicial, administrative or legislative authorities
, or by any other
competent authority provided for by the legal system of the State, and to
develop the possibilities of judicial remedy;

(c) To ensure that the competent
authorities shall enforce such remedies when granted
.

Article 3

The States Parties to the present Covenant
undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.

Article 14

1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.

2.
Everyone charged with a criminal offence shall have the right to be presumed
innocent until proved guilty according to law.

7. No one shall be liable to be tried or punished again for an offence for which he
has already been finally convicted or acquitted in accordance with the law and
penal procedure of each country.

There were threats to add further charges to Amanda Knox’s
already adjudicated case by the prosecutor, which would require another trial,
which violates Article 14, section 7 of the International Covenant
on Civil and Political Rights.

Article 17

1. No one shall be subjected to arbitrary or unlawful
interference with his privacy, family, home or correspondence, nor to unlawful
attacks on his honour and reputation.

 2. Everyone has the right to the protection of the law
against such interference or attacks.

Contentions:

Amanda Knox’s internet sites were allegedly hacked by the prosecution, there was a public campaign allegedly orchestrated by the prosecution attacking Amanda Knox’s honor by stigmatizing her with the name “Foxy Knoxy” and painting her as a sex-crazed teenager.

Not only was her privacy invaded, but her honor was discredited to an international audience, while allegedly suppressing the attempts of the defense to define the true character of Amanda Knox.

Also, attempts by writers and bloggers to bring light to these malicious attacks on Amanda Knox’s rights were met by threats to do harm to those voicing their
opinions on what was transpiring at the time.

The more I obtain information about this particular case, the more convinced I am of its circumstantial based arguments, which hold no water in the holding that was handed down. Cases of this magnitude must have hard facts to measure up to the threshold needed to take away the freedom of a human being. In looking deeply into this case, that threshold was not met by any stretch of the imagination. In today’s world we are privileged to have the tools of forensic technology to clearly collaborate or clearly dismiss ones presumed innocence. The burden of proof in any case in on the prosecution, not the defense, yet in this case there was an obvious bias from the onset and an obvious burden placed upon the defense to prove their innocence.

I am left with the opinion that the Italian justice system did Amanda Knox and Raffaele Sollecito a grave injustice and that a remedy must be made. While
we wait to see what the independent forensic experts <http://www.westseattleherald.com/2011/01/23/news/updatedna-amanda-knox-murder-trial-be-re-examined>, sworn in some time in February conclude with the re-evaluation of the evidence, I’m praying that this injustice will be reversed. Noting that the forensic experts are from Italy and not another country, I’m skeptical as to the pressures put upon them to continue this injustice with false information. Hopefully, being from Rome, the Pope can influence them to do the morally right thing and just present the truth.

The truth shall set you free Ms Knox and Mr. Sollecito. I just hope the judicial system in Italy allows for that truth to be heard.

State Sovereignty is the chosen weapon of enemies for human rights


Today I checked my email updates and saw that the Amanda Knox blog “Perugia-Shock.blogspot.com” had been shut down, because it contradicted the arguments and political ethos of Italian law. I find this very disturbing, not that this action was instituted by the head prosecutor in Amanda Knox’s trial, Giuliani Mignini, but that our government (the last hegemonic state in the world) would allow an obvious denial of one of our citizen’s human rights to be denied. Freedom of speech and the ability to address grievances we have against injustice, not to mention “due process”.

CORRUPT POLITICAL SYSTEMS

As I have followed this case, I must admit that at first I was in the category of people who thought silently, “If you commit a stupid crime in another country, you should be held accountable to their laws”. I have also contended that to be
afforded this dignity, a country “state” must be recognized as such with the
acknowledgement of guaranteed human rights and to not be a system that
routinely commits “Crimes Against Humanity”.  I find that by allowing Giuliani Mignini to continue in his practice of quelling the voices of descent, this state in it’s complicity to do so, should not be recognized as a state. Obviously, their actions and inactions have called into question their respect for human rights and the rights of man.

CORRUPT LEGAL SYTEMS

http://youtu.be/tiIxTqzTu8Q

We have all watched from afar, as Amanda Knox’s rights have been trampled with contaminated scenes, incompetence in the preservation of key evidence and the allowed deposition of one with a conflict of interest as the key component for
her conviction in the first place. This is a corrupt legal stystem, that would allow such a human rights violation. Now as the defense attempts to unravel this
“circus court” and show the world for what it is, the one element that would
exonerate Miss Knox is snuffed out deliberately and unlawfully by Mr. Mignini,
who has a rich history in perfecting this sabotage of justice by suppressing dissent, in compliance with the Italian judiciary system, which looks to have already convicted her guilty of murder, without providing the required burden of proof, neccessary for such a ruling in any other democratic legal system. This gives the appearance of an undemocratic and corrupt judiciary, deserving of the international community’s attention.

I would go so far as to suggest that the International Criminal Court subpoena all parties involved in this conspiracy, to answer to these accusations and for president Obama to put a bounty on the heads of thesew alleged perpetraitors of corruption and human roughts violations. Should they refuse to cooperate, a warrant should be issued for their arrest by the United Nations and the International Criminal Court. There status in the UN should be curtailed until they are shown to opperate their judiciary in accordance to the International Human Rights Treaties and all UN Treaties, they are required to be a party too. Those not submitting their full cooperation in this matter, who are believed to be complicit in this violation must be held accountable and seized whenever travelling outside of the Italian border and put on trial for their presumed atrocities.

To allow this justice system and this “State” to make a mockery of the powers of the International Criminal Court and the UN could prove problematic for the validity of the UN and International Criminal Court in the future. To allow this to go unchallenged would also call into question the validity of the United States’ status as the lone “Super Power” in the world. If Italy continues to be recognized as a democracy, with this undemocratic treatment of the one lone super power’s (hegemony) citizen; which is supposed to be the beacon or  symbolism of a democracy, then our days as as the lone hegemony in the world are truly numbered.

Are we cowards or are we who we say we are? President Obama and the international community should address this serious accusation, along with many other cases mirroring the same denial of internationally recognized rights by this same prosecutor; legal system; state.

GENOCIDES

Giuliani Mignini displays the same barbaric nationalistic fervor as lawyers like Josef Stalin’s Andrei Vyshinsky who held similar “kangaroo court” trials (the great purge from 1936-1938) ending in the execution of all who opposed the political views of Stalin; and that of Hans Frank, Hitler’s Lawyer who also trampled all rights of the people, by systematically removing the Weimer system of law and Roman law, and enacting NAZI law in the effort gain great political power.

RIGHTS OF MAN AND INTERNATIONAL HUMAN RIGHTS

If the United States are too cowardly to act, what tell you, who will? Mignini shows no respect for any nation’s laws or the rights of those who question injustice, silencing forever the voices of dissent and laughing in the faces of those too cowardice or too corrupt themselves to act. Giuliani should be brought to justice and the might of international law regarding  human rights abuses must be strong and steady in holding Giuliani  accountable for these alleged “Crimes Against Humanity”.

My opinion of Genocide’s link to State Sovereignty


A question…Why hasn’t President Obama recognized the
Turkish Genocide of at least one million Armenians in 1915 yet, Which Bush also
refused to do?

Why hasn’t the US ratified the agreement to lift the
sovereignty defense when a government is mass killing their own people, rather
than siding with Libya and China to continue to protect government who continue to practice this form of racist politics?

Why not put a bounty on the heads that mastermind these
highly racists political acts (want to stay in office, kill off the portion of the population which disagrees with you and put the fear of God in the rest), this way the costs (enforcement of a breach in human rights
resulting in your death
) would be too much to chance?

CIVIL RIGHTS

As an African-American, I was very much afraid of the lead up to this type of
politicking in the US when President Bush was elected to a second term.
African-Americans are far more likely to vote democrat, so (1) an astronomical
percentage of blacks have been imprisoned for acts that whites committing the
same acts, with the same records get parole instead of incarceration, (2) A
large population of blacks were allowed to die during Hurricane Katrina, which
we all watched in horror, (3) blacks continue to be subjugated in the workplace(wealth), (4) attempts of a poll tax during those elections, leading to the
disenfranchising of many southern blacks for their right to vote, (5) escalating
healthcare prices and spreading false propaganda insinuating healthcare is a
privilege and not a right(killing off more blacks, who out-number
(percentage-wise those who are poor), (6) spreading false propaganda that
blacks have the highest percentage of those on welfare; creating a false image
of blacks as lazy and asking for government hand-outs, when blacks represent a
lower percentage than whites on welfare and are actually the only racial subset
to have declined in the percent on welfare, while at the same time
overwhelmingly represent the highest percentage unemployed or underemployed in the US, (7) escalating higher tuition for higher learning and an always in-effect, policy of no athletic scholarship programs for Ivy-League Schools, which continually represent the wealthy class and privileged class in America.

HATE SPEECH

I have conducted many surveys and have studied many surveys which show a high graduation rate for athletes versus non-athletes at major universities and
colleges in the US. So the spreading of false propaganda that jocks are idiots
doesn’t hold any water, in-fact, they must “in-a-sense” have a job (as an
athlete), while attending college. This makes for a more challenging task at
obtaining a degree and yet they excel.

Whether its homicidal genocide or mental genocide, which African-Americans continue to suffer from at an alarming rate even today; this practice of hate, must end.

CORRUPT POLITICAL SYSTEMS

Genocide is a predetermined political act; years in the making, to convince a majority of the population that a particular group of people personally threatens them, or is the reason for their problems. It’s a calculated system of false propaganda and planned acts of conditioning to promote nationalism as a vehicle in the execution of their plans for political power. The targeted group for genocide can be classified by race, class, sexual orientation, mental capacity, or political affiliation, in any country.

GENOCIDES

This has been successful throughout history with no “will” by world governments to prevent it from happening again and again. It happened to the Armenians in Turkey in 1915 and is still not recognized by the world powers today;  the NAZI Genocide of over 6,000,000 Jewish people in Germany starting at the end of WWI, peaking in WWII; the Serbian Orthodox Roman Catholics genocide of over 1,000,000 Bosnian Sunni Muslims in the early 1990s; The Hutu genocide of 800,000 Tutsi in Rwandans in 100 days between April and June of 1994 and is still going on today; Josef Stalin’s mass murder and starving to death of over 14, 500,000 peasants by 1937 as he gained complete control of the USSR during his socialist revolution and millions more thereafter; in May of 1976 the Khmer Rouge established a security of in a former high school where they tortured and killed over 500,000 Cambodians after the US left Vietnam in 1975; El Salvador between 1980 and 1992 over 75,000 people were killed in a civil war between the wealthy and the poor. So many mass murders all over the world, yet the international community continue to look the other way, as if nothing is going on due to “state sovereignty”.

I believe African-Americans would have had the same fate had it not been for
Martin Luther King Jr. But as I saw the divisiveness play itself out for the
world to see in the 2008 presidential elections, I grew worrisome, even though
President Obama won. This played itself out in the 2010 mid-term elections,
with race and class playing a large role in the results. We can just as easily
be conditioned into blaming a certain group for our fears as the citizens of
the countries where genocides took place above. Why must we wait to read the writings of someone like Anne Frank before we open our eyes to what can easily take place in our own back yard, as it is played out in the world still today?

We can easily be conditioned into thinking a particular group is sub-human and a threat to us, by the use of false propaganda the mastermind of extermination is conducting, in an effort to gain political power. We’ve already given up so many of our privacy rights and “due cause” rights, in the continued war on terrorism. Remember the threat levels? By being in a consistent state of war, the president has extra powers that contaminate the separation of powers contingent we have to protect us from an overly intrusive government. This is how President Bush managed to unravel what took years to build-up with regards to our economy, our safety and our rights.

We need to recognize the signs; the “hatespeech” rhetoric at the former Governor Sarah Palin rallies; the screams of “kill him,” “racial slurs,” and racist
cartoon sketches of President Obama and his wife. These labels to somehow
subjugate him even though he has a Harvard education, using the conditioning of equating color of skin to intelligence and morality, are simply strategies to
separate each other, by dehumanizing the target. We need to recognize hate and
act upon it, or allow an outside entity to do it for us.

State Sovereignty” is simply a license to kill one’s own people without accountability. Imagine sometime in the future, your son/daughter or grandson/daughter is living in a world where they are the minority. The time to fix this wrong is now, not later because you will be the blame for their fate if you don’t wake up and realize what is happening now. Look at the world and change before it’s too late.