An International Criminal Tribunal on the United States of America

By Thomas "Tom" Gangale

Impeachment is a long process, which, if successful, would do no more than remove people from office, something that will occur automatically on 20 January 2009. The United Nations Security Council can establish an ad hoc international criminal tribunal, as it did to punish international crimes committed in the former Yugoslavia and Rwanda. The prospect of such a resolution being brought to the UN Security Council would apply pressure to the American system to clean its own house.

WHEREAS, pursuant to Nuremberg Principle I, "Any person who commits an act which constitutes a crime under international law is responsible therefore and liable to punishment;" and Principle II, "The fact that internal law does not impose a penalty for an act which constitutes a crime under international law does not relieve the person who committed the act from responsibility under international law;" and Principle III, "The fact that a person who committed an act which constitutes a crime under international law acted as Head of State or responsible government official does not relieve him from responsibility under international law;" and Principle VI, crimes against peace are defined as (i) "planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances;" and (ii) "participation in a common plan or conspiracy for the accomplishment of any of the acts mentioned under (i);" and

WHEREAS, the United States Congress, in its Authorization for Use of Military Force Against Iraq Resolution of 2002, alleged that Iraq continued "to possess and develop a significant chemical and biological weapons capability, actively seeking a nuclear weapons capability, and supporting and harboring terrorist organizations," allegations which have since been demonstrated to have been false; and on the basis of these allegations, in March 2003, the United States invaded and occupied the Republic of Iraq, thereby constituting the crime against peace of "initiation or waging of a war of aggression" under Principle VI; and

WHEREAS, alleged complicity exists so broadly and at such high levels of the Government of the United States as to render highly unlikely that the alleged crimes will ever be investigated and prosecuted under United States jurisdiction; and the United States is not a party to and does not recognize the jurisdiction of the International Criminal Court;

THEREFORE, BE IT RESOLVED that the Sonoma County Democratic Party urges the United Nations to convene an International Criminal Tribunal on the United States of America for the purpose of investigating, prosecuting, and punishing crimes under international law which may have been committed by officials of the government of the United States;

BE IT FURTHER RESOLVED that the Sonoma County Democratic Party distribute copies of this resolution to Senators Feinstein and Boxer, members of the US House of Representatives, California Senate, and California Assembly representing Sonoma County, to such media outlets as the Public Relations Committee may deem appropriate; and to all other California county Democratic central committees and to the California Democratic Party for consideration and support.

Drafted by:

Dr. Marilyn Dudley-Flores, Recording Secretary, Sonoma County Democratic Party

Thomas Gangale, Chair, Issues and Legislation Committee, Sonoma County Democratic Party

Rozlyn Sherbert Scholze, Corresponding Secretary, Sonoma County Democratic Party

URGING THE UNITED NATIONS TO CONVENE AN INTERNATIONAL CRIMINAL TRIBUNAL ON THE UNITED STATES OF AMERICA FOR TORTURE

WHEREAS, Article I of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, to which the United States is a party, defines the term "torture" as "any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity;" and

WHEREAS, credible sources have reported that numerous officials of the government of the United States, elected and appointed, within the executive and legislative branches, have approved, condoned, or conspired in the commission of torture; and alleged complicity exists so broadly and at such high levels of the Government of the United States as to render highly unlikely that the alleged crimes will ever be investigated and prosecuted under United States jurisdiction; and the people of the United States abhor and condemn the crimes allegedly committed in our name; and

WHEREAS, the United States is not a party to and does not recognize the jurisdiction of the International Criminal Court;

THEREFORE, BE IT RESOLVED that the Sonoma County Democratic Party urges the United Nations to convene an International Criminal Tribunal on the United States of America for the purpose of investigating, prosecuting, and punishing crimes under international law which may have been committed by officials of the government of the United States;

BE IT FURTHER RESOLVED that the Sonoma County Democratic Party distribute copies of this resolution to Senators Feinstein and Boxer, members of the US House of Representatives, California Senate, and California Assembly representing Sonoma County, to such media outlets as the Public Relations Committee may deem appropriate; and to all other California county Democratic central committees and to the California Democratic Party for consideration and support.

Drafted by:

Dr. Marilyn Dudley-Flores, Recording Secretary, Sonoma County Democratic Party

Thomas Gangale, Chair, Issues and Legislation Committee, Sonoma County Democratic Party

Rozlyn Sherbert Scholze, Corresponding Secretary, Sonoma County Democratic Party