And now:Ish <[EMAIL PROTECTED]> writes:
Date: Thu, 17 Jun 1999 12:32:46 -0700 (PDT)
From: John Shafer <[EMAIL PROTECTED]>
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To: [EMAIL PROTECTED]
Subject: Bruce Clark on Balkan war implications
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---------- Forwarded message ----------
Date: Wed, 16 Jun 1999 17:55:46 -0500
From: b1tsgo13 <[EMAIL PROTECTED]>
Subject: Legal intervention
Serbian Contribution to Humankind
If out of the ashes to which Serbia has been reduced justice as the
application of truth to affairs can be coaxed, the suffering may not
have been entirely in vain.
In consequence of the invasion, national sovereignty arguably has been
rendered subject to fundamental human rights in international law.
Since the essence of the rule of law is equal application, if this new
principle applies no less to Canada and the USA than to Yugoslavia the
rule of law structurally will have been established as the cornerstone
of the emerging world order. Imperial tyranny masquerading as the rule
of law is the alternative.
The lesson from the European invasion of North America is that the
precondition to justice under the rule of law is third-party
adjudication. The specific legal remedy was guaranteed to the native
nations of this continent in 1704, when the international and
constitutional law case of Mohegan Indians v. Connecticut was decided.
Subsequently the natives were denied that remedy, when Canada and the
USA with genocidal consequence employed their own courts systems as
agents in the theft of the continent. If the natives protested too
vociferously the illegality, they were labeled terrorists and
neutralized in virtue of what were termed "just wars' in the defense of
innocent settlers, i.e., the invaders.
Serbia, from one perspective, can be seen as the new Indian country. If
she or her friends are able successfully to insist upon third-party
adjudication the Serbian people may succeed, where the native nations of
North America have failed, the consequence of which success will be the
inauguration of an era of justice in world affairs.
The issue of third-party adjudication may be focused, for
precedent-making purposes, by commencing actions for damages in
different courts. At the North American domestic court level, this can
take the form of Serbs suing the American President and Canadian Prime
Minister for recognition of the inherent remedy of third-party
adjudication to recover money damages for genocide against Serbs. As
used here, "genocide" signifies "intentional complicity in killing or
imposing serious bodily or mental harm against a part of a national
group" within the meaning of those words in articles 2(a), 2(b) and 3(e)
of the Convention for the Prevention and Punishment of the Crime of
Genocide, 1948. (It is presumed for legal purposes that, unless proven
otherwise, people intend the reasonably foreseeable consequences of
their actions.)
At the international level actions could be commenced on the same
grounds in European domestic courts, with a view to appealing to the
European Court of Human Rights. Additionally, expatriate Serbs might
support some native nation to apply to intervene as a state in the
action pending in the International Court of Justice between Yugoslavia
v. Canada, on the ground that Canada should not be permitted in that
action to accuse Serbians of genocide while breaching the genocide
convention at home, i.e., invoking the equal application of the "clean
hands doctrine."
Ottawa, June 16, 1999
Bruce Clark, LL.B., M.A., Ph.D. International law consultant (license to
practice law in Ontario revoked 1999)
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for more information on Bruce Clark :
http://kafka.uvic.ca/~vipirg/SISIS/Clark/main.html
Reprinted under the fair use http://www4.law.cornell.edu/uscode/17/107.html
doctrine of international copyright law.
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Tsonkwadiyonrat (We are ONE Spirit)
Unenh onhwa' Awayaton
http://www.tdi.net/ishgooda/
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