INTERNATIONAL JUSTICE AND IMPUNITY
The Case of the United States
EDITORS:
NILS ANDERSSON, DANIEL IAGOLNITZER,
DIANA G. COLLIER
Price: $21.95
ISBN: 978-0-932863-57-7 || Published 2008 || 304
pages








see below for

SYNOPSIS    CONTENTS    CONTRIBUTORS

    SYNOPSIS

    This book reflects a primary response by international civil society to US disregard for
    international law. It is a damning indictment of the Hiroshima’s of our time. It provides a cogent
    elaboration of the international legal values to be defended, for humanity to triumph over the
    new wave of global barbarism brought about by the efforts of the United States to consolidate
    and extend the dimensions of its empire.
     
    Once the champion of the United Nations, the United States now skirts the Geneva
    Conventions, uses international humanitarian law as a pretext for intervention, engages in
    bombardments causing grave civilian losses, and seeks to expand its options in relation to
    torture while continuing to render prisoners to countries known for its practice.  Having failed in
    its effort to block the establishment of the International Criminal Court, the United States still
    refuses to ratify its Statute—even though the ICC Statute modified the rules of the 1977 Geneva
    Protocol and The Hague in an effort to satisfy the trajectory pursued by U.S. foreign policy.

    The United States’ pursuit of a unilateral imperial policy based on military force destroys the
    credibility of the nascent international legal framework. Rather, the US is leading the world by
    example toward a future without rules or values, where humanity is subject to the whims of the
    more powerful.

    Former government officials, scholars, advocates and directors of international organizations
    operating at the highest level in the areas of international humanitarian law address the
    relevant international law, the threats thereto by US policy, its ramifications for the world
    system, and possible avenues of legal recourse.

    THE EDITORS

    NILS ANDERSSON and DANIEL IAGOLNITZER
    Directors, Association for the Defense of International Humanitarian Law (ADIF)

    DIANA G. COLLIER
    Editorial Director, Clarity Press, Inc.

    Honorary Presidents of the Paris Conference

    Théo Van Boven was the representative of The Netherlands to the UN Commission on
    Human Rights, then Director of the Human Rights Division of the United Nations from 1977 to
    1982.  He presently teaches law at the University of Limbourg.

    Pierre Vidal Naquet, historian, militant against torture and against the Algerian War, specialist
    in Greek history, has also directed numerous works on modern and contemporary history, and
    taught the sociology of ancient Greece at the French School for Advanced Studies in Social
    Sciences.

    CONTRIBUTORS

    Tadatoshi Akiba, Mayor of Hiroshima, has inspired a powerful upsurge in anti-nuclear
    activism. As president of the Mayors for Peace, he has increased by one-third the number of
    member cities. In November 2003, the Mayors for Peace, supported by the cities of Hiroshima
    and Nagasaki, launched an Emergency Campaign to Ban Nuclear Weapons. This campaign
    has since received strong endorsements in resolutions passed by the European Parliament,
    the Conference of U.S. Mayors, International Physicians for the Prevention of Nuclear War
    (IPPNW), and Abolition 2000. Mayor Akiba and Mayors for Peace won a Global Citizen Award
    from the Nuclear Age Peace Foundation in 2005. As a part of this campaign, Akiba led a
    delegation of 19 mayors and deputy mayors from 12 countries to the NPT Preparatory
    Committee Meeting at UN Headquarters in New York. Akiba has recently travelled to India,
    Pakistan, England, France, Germany, Russia, the U.S., Canada and China to make personal
    appeals to university presidents and professors concerning the Hiroshima-Nagasaki Peace
    Study Project. Several institutions of higher learning (many universities in Japan; American
    University in Washington, D.C.,Tufts University in Boston, where Akiba taught, and Illinois
    Wesleyan University in the U.S.; Berlin Technology Institute and Paris Institute of Political
    Studies in Europe) have already begun offering courses or seminars, and many more are in
    the planning stages.  Mayor Akiba is a respected leader in the most critical movement of this
    decade:  the campaign to eliminate nuclear weapons.

    Nuri Albala, lawyer, has carried out numerous observation missions, both judicial and for the
    defense of human rights, notably for the International Association of Democratic Lawyers
    (Association Internationale des Juristes Democrates); and has worked on problems of
    international law and the place of the United Nations, as well as on economic, social, and
    cultural rights in globalization.  He has published numerous articles on these questions.  He
    is a founding member of Observatoire de la Mondialisation,  President of the Commission,
    Fundamental Rights and Globalization, and an international director of DROIT-SOLIDARITE
    (AIJD).

    Samir Amin is an Egyptian professor of political economics and development.  He has written
    more than 30 books including Imperialism & Unequal Development, Specters of Capitalism: A
    Critique of Current Intellectual Fashions, Obsolescent Capitalism: Contemporary Politics and
    Global Disorder, Maldevelopment, and The Liberal Virus. His memoirs were published in
    October of 2006  He is Director of the Third World Forum in Dakar, and President of Forum
    Mondial des Alternatives.

    Nils Andersson, journalist, former editor, founder of La Cité Editeur in Lausanne, has
    published numerous works denouncing torture during the Algerian war.  He contributed to a
    number of anthologies and reviews on questions of war in the Balkans and Iraq, and on the
    UN system.  He is a founding member of the ADIF and member of the French Committee of
    the Helsinki Federation on Human Rights and of the Advisory Scientific Committee of the
    Institut de Documentation et de Recherches sur la Paix.

    Amy Bartholomew is an Associate Professor of Law at Carleton University, Ottawa.  She was
    an expert witness at the BRussells Tribunal in April 2004, part of the World Tribunal on Iraq,
    and on the panel of advocates at its culminating session in Istanbul in June 2005. She is the
    editor of, and a contributor to, Empire’s Law: The American Imperial Project and the ‘War to
    Remake the World’ (London: Pluto Press). She has written on human rights and legal and
    political theory and is currently completing a manuscript on ‘justice without guarantees’.

    Abraham Behar, physician, honorary professor of biophysics at the University of Paris VI, is a
    specialist in nuclear medicine and radiobiology and a former president of the Nobel Prize
    winning  International Association of Physicians for the Prevention of Nuclear War (IPPNW).
    He is presently president of its French section and member of the UN Disarmament
    Commission in Geneva.

    Antoine Bernard is a specialist in international public law  (human rights and fundamental
    freedoms) and consultant at the United Nations Centre of Academic Studies  He has been the
    permanent representative of the International Federation of Human Rights at the United
    Nations, then executive secretary and is now Executive Director of this organization (since
    1995). He is also associate professor at the University of Paris X.

    William Blum left the State Department in 1967, abandoning his aspiration of becoming a
    Foreign Service Officer because of his opposition to what the United States was doing in
    Vietnam. His book on U.S. foreign policy, Killing Hope: U.S. Military and CIA Interventions Since
    World War II, has received international acclaim.  Noam Chomsky called it “far and away the
    best book on the topic.” He is also the author of Rogue State: A Guide to the World’s Only
    Superpower and West-Bloc Dissident: A Cold War Memoir. His books have been translated
    into 15 foreign languages.

    Pascal Boniface is a specialist in geopolitics, Director of IRIS (Institute of International and
    Strategic Relations, and professor at the Institute of European Studies of the University of
    Paris VIII. He is chief editor of La revue internationale et stratégique and L’Année stratégique,
    member of the Advisory Committee on Disarmament of the United Nations, administrator of
    the Institut des Hautes Etudes de la Défense Nationale, and member of the support
    committee to the Académie diplomatique africaine.

    Jean Bricmont is professor of theoretical physics at the University of Louvain (Belgium). He
    has been active in the anti-war movement since 2002. In 2004, he participated in the
    BRussels Tribunal, which was the first session of the World Tribunal on Iraq. He is the author
    of a book (in French) about the “humanitarian” justifications of wars.

    Robert Charvin is professor of law, honorary president of the University of Law and Economic
    Sciences at Nice-Sophia Antipolis. He is a former member of Executive Committees of several
    NGOs, some of which hold an advisory role at the United Nations (ECOSOC): the International
    Association of Democratic Lawyers (Brussels) and North-South (Geneva). He is presently
    member of CETIM (Geneva), of the committees of the journals Recherches Internationales
    (Paris), Utopie Critique (Paris) and Droit Ouvrier (Paris). He is the author of several books on
    international relations, law and globalization, human rights and individual freedoms.

    Monique Chemillier-Gendreau is an honorary professor at the University of Paris VII-Denis
    Diderot, specializing in public law and political science. She has participated in many
    procedures before various tribunals and before the International Court of Justice, has been
    involved in a number of international conflicts, in particular in Asia (Laos-Thailand, Vietnam-
    China,…), and has been a consultant for UNESCO. She is a regular collaborator with the
    French journal, Le Monde Diplomatique.

    William Ramsey Clark served in the United States Department of Justice as the Assistant
    Attorney General of the Lands Division, and as Deputy Attorney General. He was director of the
    American Judicature Society (1963) and president of the Federal Bar Association (1964-65).
    He then became active in the American anti-war movement, and has become globally known
    and respected for his continuing advocacy against and for civil and human rights political
    causes. He is founder of the International Action Center, and with it, one of the more prominent
    American peace organizations, International ANSWER (Act Now to Stop War and End
    Racism). He has served as defense counsel to, inter alia, Philip Berrigan and the Harrisburg
    Seven, Slobodan Milosovic, Saddam Hussein, David Koresh, and US deserter Camelo Mejia.  
    He is a recipient of the Gandhi Peace Award.

    Barbara Delcourt is a professor of social, economic and political sciences, member of the
    Institute for European Studies, and associated member of the Center of International Law  and
    Sociology applied to International Law at the Free University (Brussels). She has worked in
    particular on the relations between international politics and international law on the basis of
    the European management of the Yugoslavian crisis. Her present research work is oriented
    on the external and security politics of the European Union, a subject she teaches, and on
    questions of security.

    Rudolf El-Kareh is Professor of Social and Political Sciences and Epistemology, writer and
    essayist. He is Associate Professor at the ULB ( Brussels), member of the “Center for
    International Cooperation and Development Studies” (Brussels), and member of the “Center
    for Contemporary Orient Studies” of the University of Paris III-Sorbonne Nouvelle. He was also
    professor in the Lebanese University (Beirut) and the Institute for Political Studies of Aix-en-
    Provence (France). He also is an international consultant for development in Europe, the Arab
    World and the Mediterranean area. He published hundreds of studies and articles and
    contributes regularly to Le Monde Diplomatique and the French Journal of Palestine Studies.
    Among the books he published on conflicts and geopolitics is Informe sobre el Conflicto y la
    Guerra de Kosovo.

    Pedro A. García-Bilbao is a writer and Professor of Sociology at the University Rey Juan
    Carlos URJC, Spain. He was a member of the Refugees Department, then Coordinator of the
    Spanish Red Cross Program during the European Year against Racism and Anti-semitism.
    He is a specialist in forced displacements of populations, in the military sociology of defense,
    and in the Republican historical memory. He won the Prize for fantastic literature of the
    Catalan Polytechnical University for his book Fuego sobre San Juan, an ironical history of the
    US-Spanish 1898 war.

    Philip Grant is a lawyer in Geneva, and a specialist in particular in international humanitarian
    law. He is the author of several scientific publications and editor of the book The struggle
    against impunity in Swiss Law (in French). He has founded and is president of TRIAL (Track
    Impunity Always), a Swiss Association against impunity.

    Stèphane Hessel remains, at the age of ninety years, French Ambassador to the United
    Nations. A veteran of  the French Resistance, he participated in the drafting of the Universal
    Declaration of Human Rights in 1948.  

    Daniel Iagolnitzer is a former professor of physics, founding member and co-president of the
    ADIF. He is the author of the book International Law and War: Evolution and Present Problems
    (in French).

    Jan Myrdal, writer and essayist, has lived in different European countries and in Afghanistan,
    China, India, and Mexico He has published some ninety volumes: novels, plays, political
    commentaries;  literary and art criticism; sociology, books on Afghanistan, Central Asia, China,
    India, and Mexico. He has produced feature films and documentaries. His exhibitions and art-
    books (together with Gun Kessle) inter alia on Romanesque art in Norway and France, on
    Buddhist cave art along the Silk Road, on French political graphic art. He holds an honorary Ph.
    D. from Nankai University China (for Report from a Chinese Village), and Honorary Doctor of
    Literature from Upsala College N.J. USA (for Confessions of a Disloyal European).
    .
    Michael Parenti received his Ph.D. in Political Science from Yale University. He is an award
    winning author and activist who has published some 250 articles and 19 books, including  
    Superpatriotism (2004), and The Assassination of Julius Caesar (2003) which won the Book
    of the Year Award (non fiction) from Online Review of Books, and The Culture Struggle  (2005).
    Various works of his have been translated into some twenty languages. He lectures frequently
    in North America and abroad, and has appeared on many radio and television talk shows.

    Karen Parker is an attorney from the United States (San Francisco) who specializes in human
    rights and humanitarian law. She is co-founder of the Association of Humanitarian Lawyers.
    She has represented NGOs at United Nations human rights fora for over 20 years, and has
    made substantial contributions to special UN reports such as those on economic sanctions,
    weapons (including weapons containing depleted uranium), and human rights and terrorism.
    She is the attorney on a case at the Organization of American States brought by the
    Association of Humanitarian Lawyers against the United States for attacking medical facilities
    in Falluja.

    Vincent Rivasseau is a professor of physics at the University of Paris XI. He is involved in
    various actions in relation to human rights and international humanitarian law, and to the
    scientific development of Africa. He is a member of the Executive Committee of the African
    Institute for Mathematical Sciences (South Africa).

    Les Roberts has a Masters degree in public health from Tulane University and a Ph.D. in
    environmental engineering from Johns Hopkins.  He did a post-doctorate fellowship in
    epidemiology at the Centers for Disease Control and Prevention where he worked for 4 years.  
    In 1994, he worked as an epidemiologist for the World Health Organization in Rwanda during
    their civil war.  He was Director of Health Policy at the International Rescue Committee from
    Dec. 2000 until April of 2003.  He is presently a lecturer at the Johns Hopkins University
    Department of Geography and Environmental Engineering where he teaches each fall, and
    teaches in the Columbia Program on Forced Migration and Health each spring.

    Geneviève Sevrin is president of the French section of Amnesty International

    Roland Weyl is a lawyer and is vice-president of the International Association of Democratic
    Lawyers (IADL

    TABLE OF CONTENTS

    Nils Andersson, Daniel Iagolnitzer, VIncent Rivasseau, Diana G. Collier
            Preface

    Ramsey Clark,
            Impunity for Power Is the Law of the Jungle

    PART I:  FROM HIROSHIMA TO GUANTANAMO

    Tadatoshi Akiba,
            Towards the Abolition of Nuclear Arms:  A Universal Action
    Samir Amin,  
           The Geostrategy of Contemporary Imperialism
    Abraham Behar,
           The Elimination of Nuclear Weapons Through International Law,  the
    American Blockage, the Failure of the NPT
    Rudolf El Kareh,
            American Policy in the Middle East and Arab World:  Force, Impunity, Law
    Monique Chemillier-Gendreau,
            Impunity and Massive Violations of Humanitarian Law in Vietnam
    Les Roberts,
            Mortality After the 2003 Invasion of Iraq
    Geneviève Sevrin,
            Guantanamo, a Model of Illegality
    William Blum,
           Freeing the World to Death: How the United States Gets Away With It
    Pascal Boniface,
           The Strategy of the “Clash of Civilizations”  
    Michael Parenti,
           Rulers of the Planet

    PART II: HUMANITARIAN LAW: LEGAL AND MORAL VALUES TO DEFEND

    Daniel Iagolnitzer
            International Law Relative to War and the United States: A General Survey
    Robert Charvin,
           The Co-optation of Humanitarianism and Its Legal Consequences
    Barbara Delcourt,  
            International Humanitarian Law and the Ordeal of Neo-Conservative
    Ideology
    Jan Myrdal,
           The Necessity of Defending the Rule of Law!
    Antoine Bernard,
           What Is at Stake in the New System of International Criminal Justice
    Nuri Albala,
            Universal Jurisdiction for Crimes Against Humanity: A Principle
    Unacceptable to the Most Powerful

    PART III: IN PURSUIT OF AN END TO IMPUNITY

    Roland Weyl,
           No Judicial Progress Is Beyond the Power of the Peoples
    Karen Parker,
           On the Draft UN Principles and Guidelines on Human Rights and
    Terrorism:
    Nils Andersson,
            International Humanitarian Law and Terrorism:  the Need to Distinguish
    Between Combatants and Murderers
    Amy Bartholomew,
            “Strategies of the Weak”:  Contesting Empire’s Law through Litigation
    under International Humanitarian Law
    Philip Grant,
           Law Versus the National Interest:  The Role of NGOs
    Jean Bricmont,
           Right of Intervention or International Law
    Pedro García-Bilbao,
           The Right of Interference and National Sovereignty in the Context of
    Imperial Impunity
    Vincent Rivasseau,
            Towards an International Agency for the Evaluation of the Sufferings
    Caused by War
    Nils Andersson, Daniel Iagolnitzer, Vincent Rivasseau,
            What Can Be Done Today?

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“Those who seek to bestow
legitimacy must themselves
embody it; those who invoke
international law must
themselves submit to it.”
Kofi Annan, former Secretary-
General, United Nation
“Best wishes for a
successful event”
Former President Jimmy Carter
to the organizers of the 2005
Conference