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Proposal Details

Proposal ID	261
Proposal	GPUS Endorsement of Iraqi War Crimes Report IWCR
Presenter	GPUS Steering Committee
Floor Manager	Budd Dickinson
Phase	Cancelled
Discussion	02-20-2007 - 02-26-2007
Voting	02-27-2007 - 03-05-2007
Presens Quorum	Two Thirds of Active Accredited States/Caucuses
Consens Quorum	A Majority of Yes and No Votes

Background

(This proposal recently passed by the
International Committee. They are seeking your endorsement on behalf
of GPUS. The Steering Committee supports this proposal. The Steering Committee may make rapid response decisions in the event of a time-sensitive issue, but it was not clear whether this was strictly the case here. Another avenue granted in the GPUS bylaws involves gaining 80% support from National Committee delegates within a week. Given that an expedited proposal via the voting queue is more efficient and more apt to gain delegates' review, the Steering Committee decided on this option.)

WHEREAS in December, the GPUS International Committee endorsed an
October, 2006 initiative, "War Crimes Committed by the United States
in Iraq and Mechanisms for Accountability--herein the
"IWCR"--http://www.consumersforpeace.org/pdf/war_crimes_iraq_101006.pdf
prepared by Consumers for Peace www.consumersforpeace.org in
consultation with Karen Parker, JD, an international humanitarian
law expert http://www.webcom.com/hrin/parker.html. Ms. Parker is
president of the San Francisco-based Association of Humanitarian
Lawyers www.humanlaw.org and chief delegate to the United Nations
for the Los Angeles-based International Educational
Development/Humanitarian Law Project (IED/AHL), a non-governmental
organization (NGO) with consultative status at the United Nations
and a mandate to seek compliance with armed conflict laws;

The aim of this initiative is described in IWCR's Foreword:

"The violence of the Iraq War and the chaos that has come to Iraq,
can be traced directly to the illegality of the invasion and
occupation of that country and the illegality of the tactics and
weapons being used to maintain the occupation. 'U.S. War Crimes in
Iraq and Mechanisms for Accountability" documents these violations
and calls us all to demand investigation and prosecution of
violations of international law by military and civilian leaders.'"

Mechanisms of Accountability: IWCR describes at least four means by
which the U.S. can be held accountable for alleged war crimes:

1.US War Crimes Act of 1996

Application of the US War Crimes Act of 1996, which "stipulates
severe penalties for grave breaches of the Geneva Conventions,
including the death penalty. The Act applies the term 'war crime' to
the grave breach provisions of the Geneva Conventions and Protocols
set out in this paper, to certain articles in The Hague Convention
of 1907, and the use of certain weapons."

2. International Legal Action

Using the "mechanisms provided by the Geneva Conventions or that are
in place at the U.N. The Geneva Conventions have very clear
provisions for ensuring that violators are brought to justice. Each
Convention has provisions that require States to 'enact any
legislation necessary to provide effective penal sanctions for
persons committing . . . grave breaches.' All states must 'search
for persons alleged to have committed, or

to have ordered to be committed, such grave breaches, and shall
bring such persons, regardless of their nationality, before its own
courts. The Conventions further provide: 'No [State] shall be
allowed to absolve itself or any other [State] of any liability
incurred by itself or by another [State] in respect to [grave
breaches.]' Under this rule, the U.S. or British personnel alleged
to have violated humanitarian law may be sought by other signatories
to the Geneva Conventions if there are no proceedings taking place
elsewhere."

3. Reconvening the World Tribunal on Iraq (WTI)

This option would invoke a new sitting of the World Tribunal on Iraq
(WTI), a non-governmental collective of international citizens,
which held sessions in 16 countries in 2004-5 (whose endorsers
included the GP of NJ). The WTI's concluding session, held June,
2005 in Istanbul, issued a "Declaration of Jury of Conscience"
http://www.worldtribunal.org/main/?b=91] which charged the US/UK
governments with the crime of "Planning, preparing, and waging the
supreme crime of a war of aggression in contravention of the United
Nations Charter and the Nuremberg Principles." Though the WTI did
not consider the role of individual military officers, a new
tribunal could do so. As the IWCR states, "While not having the
force of law, a citizens tribunal can nonetheless amass sufficient
evidence against perpetrators to compel U.S. or other authorities to
initiate legal actions. These citizen tribunals are also important
to provide evidence of the dictates of the public conscience."

4. Establishing Truth and Reconciliation Commissions

According to the IWCR, "a fourth option for holding individual
military officers accountable would be the creation of a form of
Truth and Reconciliation Commission, as has been used in Rwanda,
South Africa and elsewhere to hear evidence of abuses and crimes.
In the case of South Africa, the commission proceedings could result
in referral to courts . . . ";

WHEREAS the "Foreign Policy--Peace and Disarmament" plank of the
2004 GPUS Platform
http://www.gp.org/platform/2004/democracy.html#313976 affirms:

"a. As one of the initiators and primary authors of the United
Nations Charter, the United States is obligated to conform to the
stipulations of the U.S. Constitution, which identifies all such
agreements as treaties that hold the authority of U.S. law. The U.S.
government is pledged to abide by its principles and guidelines in
the conduct of foreign relations and affairs.

b. We recognize our government's obligation to take disputes with
other nations or foreign bodies to the U.N. Security Council and
General Assembly forum for negotiation and resolution. The U.N. and
international laws, treaties and conventions that the U.S. has
signed are the framework that controls U.S. military actions abroad.";

WHEREAS the intent of the IWCR to hold responsible U.S. government
officials (including the President and Vice-President) accountable
for war crimes is consistent with the repeated calls by GPUS,
beginning in July, 2003, for the impeachment of President Bush
http://www.gp.org/press/pr_2007_01_03.shtml for the commission of
war crimes and crimes against humanity such as waging a war of
aggression against the people of Iraq, the use of depleted uranium
and cluster bombs in the preemptive invasion and continuing
occupation of Iraq;

WHEREAS a majority of the American people and an overwhelming
proportion of Democrats want President Bush impeached/held
accountable for US actions in Iraq
http://www.commondreams.org/views06/1114-30.htm ;

WHEREAS the IWCR provides a significant, meticulously research
document that can aid in bringing to justice those guilty of war
crimes in Iraq, including supporting the impeachment of President
Bush;

WHEREAS GPUS seeks to ally with others who support conflict
resolution based on adherence to international law, and that the
IWCR has been endorsed and published by the following organizations:

Consumers for Peace http://www.consumersforpeace.org, Association of
Humanitarian Lawyers http://www.humanlaw.org, Traprock Peace Center
http://www.traprockpeace.org, Voices for Creative Nonviolence
http://www.vcnv.org, Uruknet.info http://www.uruknet.info,
Information Clearing House http://www.informationclearinghouse.info,
AfterDowningStreet.org http://www.afterdowningstreet.org, Socialist
Worker newspaper http://www.socialistworker.org, The Brussels
Tribunal (for International Anti-Occupation Network)
http://www.brusselstribunal.org/, Stop the War Coalition (UK),
http://www.stopthewar.co.uk;

WHEREAS the IWCR has been supported by noted individuals like
historian Howard Zinn; independent journalist Dahr Jamail who spent
months reporting from occupied Iraq; Ann Wright, 29 year US Army
veteran, colonel and diplomat who resigned in March, 2003 in
opposition to the Iraq war; Neil MacKay, multi-award winning Home
Affairs and Investigations Editor of the Sunday Herald (Scotland);
Charles Jenks, human rights attorney and Chairperson of the Advisory
Board for Traprock Peace Center; and Kathy Kelly, co-coordinator of
Voices for Creative Non-Violence and three-time Nobel Peace Prize
nominee,

Proposal

We propose that:

1. The Green Party of the US endorse the "War Crimes Committed by
the United States in Iraq and Mechanisms for Accountability";

2. GPUS Media Committee issue a press release publicizing our
support for this report and urge other peace groups and individuals
to do the same;

3. GPUS members use this document in lobbying their congressional delegations
to call for the application of the US War Crimes Act of 1996, excepting the
use of the death penalty, with regard to US actions in Iraq;

4. GPUS, particularly through the International Committee, urge
other Green Parties, especially the Green Party of England and
Wales, to support this document and advocate for the international
mechanisms of accountability contained therein, in bringing to
justice those guilty of war crimes in Iraq.

Resources

CONTACT: Justine McCabe, International Committee justinemccabe@earthlink.net

Budd Dickinson budd.dickinson@greens.org

References

GPUS Rules and Procedures, 4. B.
http://gp.org/documents/rules.shtml

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