INTERNATIONAL CRIMINAL COURT COMPLAINT FILED AGAINST BUSH, CHENEY, RUMSFELD, TENET, RICE AND GONZALES; INTERNATIONAL ARREST WARRANTS REQUESTED
The Complaint requests (1) that the I.C.C. Prosecutor open an investigation of the Accused on his own accord under Rome Statute article 15(1); and (2) that the I.C.C. Prosecutor also formally “submit to the [I.C.C.] Pre-Trial Chamber a request for authorization of an investigation” of the Accused under Rome Statute article 15(3).
For similar reasons, the Highest Level Officials of the Obama administration risk the filing of a follow-up Complaint with the I.C.C. if they do not immediately terminate the Accused’s criminal policy and practice of “extraordinary rendition,” which the Obama administration has continued to implement.
The Complaint concludes with a request that the I.C.C. Prosecutor obtain International Arrest Warrants for the Accused from the I.C.C. in accordance with Rome Statute articles 58(1)(a), 58(1)(b)(i), 58(1)(b)(ii), and 58(1)(b)(iii).
In order to demonstrate your support for this Complaint you can contact the I.C.C. Prosecutor by letter, fax, or email as indicated below.
Francis A. Boyle
Professor of International Law
The Honorable Luis Moreno-Ocampo
Office of the Prosecutor
International Criminal Court
Post Office Box 19519
Fax No.: 31-70-515-8555
January 19, 2010
Please accept my personal compliments. I have the honor hereby to file with you and the International Criminal Court this Complaint against U.S. citizens George W. Bush, Richard Cheney, Donald Rumsfeld, George Tenet, Condoleezza Rice , and Alberto Gonzales (hereinafter referred to as the “Accused”) for their criminal policy and practice of “extraordinary rendition.” This term is really a euphemism for the enforced disappearances of persons, their torture, severe deprivation of their liberty, their violent sexual abuse, and other inhumane acts perpetrated upon these Victims. The Accused have inflicted this criminal policy and practice of “extraordinary rendition” upon about one hundred (100) human beings, almost all of whom are Muslims/Arabs/Asians and People of Color. I doubt very seriously that the Accused would have inflicted these criminal practices upon 100 White Judeo-Christian men.
The Accused’s criminal policy and practice of “extraordinary rendition” are both “widespread” and “systematic” within the meaning of Rome Statute article 7(1). Therefore the Accused have committed numerous “Crimes against Humanity” in flagrant and repeated and longstanding violation of Rome Statute articles 5(1)(b), 7(1)(a), 7(1)(e), 7(1)(f), 7(1)(g), 7(1)(h), 7(1)(i), and 7(1)(k). Furthermore, the Accused’s Rome Statute Crimes Against Humanity of enforced disappearances of persons constitutes ongoing criminal activity that continues even as of today.
Preconditions to the Exercise of Jurisdiction
… 2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:
(a) The State on the territory of which the conduct in question occurred …
So the fact that
Consequently, I hereby respectfully request that the Court exercise its jurisdiction over the Accused for these Crimes against Humanity in accordance with Rome Statute article 13(c), which provides as follows:
Exercise of Jurisdiction
The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:
(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.
Pursuant to Rome Statute article 13(c), I hereby respectfully request that you initiate an investigation proprio motu against the Accused in accordance with Rome Statute article 15(1): “The Prosecutor may initiate investigations proprio motu on the basis of information on crimes within the jurisdiction of the Court.” My detailed Complaint against the Accused constitutes the sufficient “information” required by article 15(1).
Furthermore, I respectfully submit that this Complaint by itself constitutes “a reasonable basis to proceed with an investigation” under Rome Statute article 15(3). Hence, I also respectfully request that you formally “submit to the Pre-Trial Chamber a request for authorization of an investigation” of the Accused under Rome Statute article 15(3) at this time. Please inform me at your earliest convenience about the status and disposition of my two requests set forth immediately above.
Based upon your extensive human rights work in
As for those Victims of enforced disappearances by the Accused who have died, your opening an investigation of my Complaint is the only means by which we might be able to obtain some explanation and accounting for their whereabouts and the location of their remains in order to communicate this critical information to their next-of-kin and loved-ones. Based upon your extensive experience combating enforced disappearances of persons and their consequent torture in
Let us mutually suppose that during the so-called “dirty war” in
Unfortunately, the new Obama administration in the
Also, most regretfully, the new Obama administration has publicly stated that it will continue the Accused’s policy and practice of "extraordinary rendition," which is really their euphemism for enforced disappearances of human beings and consequent torture by other States. Hence the Highest Level Officials of the Obama administration fully intend to commit their own Crimes against Humanity under the I.C.C. Rome Statute – unless you stop them! Your opening an investigation of my Complaint will undoubtedly deter the Obama administration from engaging in any more “extraordinary renditions” -- enforced disappearances of human beings and having them tortured by other States. Indeed your opening of an investigation into my Complaint might encourage the Obama administration to terminate its criminal “extraordinary rendition” program immediately and thoroughly by means of issuing a public statement to that effect. In other words, your opening an investigation of my Complaint could very well save the lives of a large number of additional human beings who otherwise will be subjected by the Obama administration to the Rome Statute Crimes against Humanity of enforced disappearances of persons and their consequent torture by other States, inter alia.
The lives and well-being of countless human beings are now at risk, hanging in the balance, waiting for you to act promptly, effectively, and immediately to save them from becoming Victims of Rome Statute Crimes against Humanity perpetrated by the Highest Level Officials of the Obama administration as successors-in-law to the Accused by opening an investigation of my Complaint. Otherwise, I shall be forced to file with you and the I.C.C. a follow-up Complaint against the Highest Level Officials of the Obama administration. I certainly hope it will not come to that. Please make it so.
Finally, for reasons more fully explained in the Conclusion to my Complaint, I respectfully request that you obtain I.C.C. arrest warrants for the Accused in accordance with Rome Statute articles 58(1)(a), article 58(1)(b)(i), article 58(1)(b)(ii), and article 58(1)(b)(iii). The sooner, the better for all humankind.
I respectfully request that you schedule a meeting with me at our earliest mutual convenience in order to discuss this Complaint. I look forward to hearing from you at your earliest convenience.
This transmission letter is an integral part of my Complaint against the Accused and is hereby incorporated by reference into the attached Complaint dated as of today as well.
Please accept, Sir, the assurance of my highest consideration.
Francis A. Boyle
Professor of International Law