Det danske Fredsakademi
Kronologi over fredssagen og international politik 18. september 1992 / Timeline September 18, 1992
Version 3.517. September 1992, 19. September 1992
09/18/1992
Indictment of the Federal Government of the U.S. for the
Commission of International Crimes and Petition for Orders
Mandating Its Proscription and Dissolution as an International
Criminal Conspiracy and Criminal Organization
by Francis A. Boyle
Professor of International Law
18 September 1992
Introduction
All citizens of the World Community have both the right and the
duty under public international law to sit in judgment over a gross
and consistent pattern of violations of the most fundamental norms
of international criminal law committed by any member state of that
same World Community. Such is the case for the International
Tribunal of Indigenous Peoples and Oppressed Nationalities in the
United States of America that convenes in San Francisco during the
weekend of October 1-4, 1992. Its weighty but important task is to
examine the long history of international criminal activity that
has been perpetrated by the Federal Government of the United States
of America against the Indigenous Peoples and Peoples of Color
living in North America since it was founded in 1787.
Toward that end, I have the honor to present to the Members of this
Tribunal the following charges against the Federal Government of
the United States of America under international criminal law.
In light of the gravity, severity, and long-standing nature of
these international crimes, and also in light of the fact that the
Federal Government of the United States of America appears to be
irrevocably committed to continuing down this path of lawlessness
and criminality against Indigenous Peoples and Peoples of Color
living in North America and elsewhere, I hereby petition the
Members of this Tribunal to issue an Order proscribing the Federal
Government of the United States of America as an International
Criminal Conspiracy and a Criminal Organization under the Nuremberg
Charter, Judgment, and Principles as well as the other sources of
public international law specified below. For that reason, I also
request that the Members of this Tribunal issue an Order dissolving
the Federal Government of the United States of America as a legal
and political entity. Finally, I ask this Tribunal to declare that
international legal sovereignty over the Territories principally
inhabited by the Native American Peoples, the New Afrikan People,
the Mexicano People, and the People of Puerto Rico resides in the
hands of these respective Peoples Themselves.
In this regard, I should point out that the final Decision of this
Tribunal will qualify as a judicial decision within the meaning of
article 38(1)(d) of the Statute of the International Court of
Justice and will therefore constitute a subsidiary means for the
determination of rules of law for international law and practice.
The Statute of the International Court of Justice is an integral
part of the United Nations Charter under article 92 thereof. Thus,
this Tribunal's Decision can be relied upon by some future
International Criminal Court or Tribunal, as well as by any People
or State of the World Community that desires to initiate criminal
proceedings against named individuals for the commission of the
following international crimes.
The Decision of this Tribunal shall serve as adequate notice to the
appropriate officials in the United States Federal Government that
they bear personal criminal responsibility under international law
and the domestic legal systems of all Peoples and States in the
World Community for designing and implementing these illegal,
criminal and reprehensible policies and practices against
Indigenous Peoples and Peoples of Color living in North
America.
Hereinafter, the Federal Government of the United States of America
will be referred to as the Defendant.
Bill of Particulars
Against
the Federal Government of the United States of America
The Native American Peoples
1. The Defendant has perpetrated innumerable Crimes Against Peace,
Crimes Against Humanity and War Crimes against Native American
Peoples, as recognized by the Nuremberg Charter, Judgment, and
Principles;
2. The Defendant has perpetrated the International Crime of
Genocide against Native American Peoples, as recognized by the 1948
Convention on the Prevention and Punishment of the Crime of
Genocide;
3. The Defendant has perpetrated the International Crime of
Apartheid against Native American Peoples, as recognized by the
1973 International Convention on the Suppression and Punishment of
the Crime of Apartheid;
4. The Defendant has perpetrated a gross and consistent pattern of
violations of the most fundamental human rights of Native American
Peoples, as recognized by the 1948 Universal Declaration of Human
Rights;
5. The Defendant has perpetrated numerous and repeated violations
of the 1965 International Convention on the Elimination of All
Forms of Racial Discrimination against Native American Peoples;
6. The Defendant has systematically violated 371 treaties it
concluded with Native American Peoples, in wanton disregard of the
basic principle of public international law and practice dictating
'pacta sunt servanda';
7. The Defendant has denied and violated the international legal
right of Native American Peoples to self-determination, as
recognized by the 1945 United Nations Charter, the 1966
International Covenant on Civil and Political Rights, the 1966
International Covenant on Economic, Social and Cultural Rights,
fundamental principles of customary international law, and 'jus
cogens';
8. The Defendant has violated the seminal United Nations
Declaration on the Granting of Independence to Colonial Countries
and Territories of 1960 with respect to Native American Peoples and
Territories. Pursuant thereto, the Defendant has an absolute
international legal obligation to decolonize Native American
Territories immediately and to transfer all powers it currently
exercises there to the Native American Peoples;
9. The Defendant has illegally refused to accord full-scope
protections as Prisoners-of-War to captured Native American
independence fighters in violation of the Third Geneva Convention
of 1949 and Additional Protocol I thereto of 1977. The Defendant's
treatment of captured Native American independence fighters as
common criminals and terrorists constitutes a grave breach of the
Geneva Accords and thus a serious war crime;
10. The Defendant has deliberately and systematically permitted,
aided and abetted, solicited and conspired to commit the dumping,
transportation, and location of nuclear, toxic, medical and
otherwise hazardous waste materials on Native American Territories
across North America, and has thus created a clear and present
danger to the lives, health, safety, and physical and mental
well-being of Native American Peoples in gross violation of article
3 and article 2(c) of the 1948 Genocide Convention, inter alia:
Deliberately inflicting on the group conditions of life calculated
to bring about its physical destruction in whole or in part;
...
The New Afrikan People
11. The Defendant has perpetrated the International Crime of
Slavery upon the New Afrikan People as recognized in part by the
1926 Slavery Convention and the 1956 Supplementary Convention on
the Abolition of Slavery, the Slave Trade, and Institutions and
Practices Similar to Slavery. The Defendant has illegally refused
to pay reparations to the New Afrikan People for the commission of
the International Crime of Slavery against Them in violation of
basic norms of customary international law requiring such
reparations to be paid;
12. The Defendant has perpetrated innumerable Crimes Against
Humanity against the New Afrikan People, as recognized by the
Nuremberg Charter, Judgment, and Principles;
13. The Defendant has perpetrated the International Crime of
genocide against the New Afrikan People, as recognized by the 1948
Genocide Convention;
14. The Defendant has perpetrated the International Crime of
Apartheid against the New Afrikan People, as recognized by the 1973
Apartheid Convention;
15. The Defendant has perpetrated a gross and consistent pattern of
violations of the most fundamental human rights of the New Afrikan
People, as recognized by the 1948 Universal Declaration of Human
Rights and the two aforementioned United Nations Human Rights
Covenants of 1966;
16. The Defendant has perpetrated a gross and consistent pattern of
violations of the 1965 Racism Convention against the New Afrikan
People. The Defendant is the paradigmatic example of an
irremediably racist state in international relations today;
17. The Defendant has denied and violated the international legal
right of the New Afrikan People to self-determination as recognized
by the United Nations Charter, the two United Nations Human rights
Covenants of 1966, customary international law, and jus cogens;
18. The Defendant has illegally refused to apply the United Nations
Decolonization Resolution of 1960 to the New Afrikan People, and to
the Territories that they principally inhabit. Pursuant thereto,
the Defendant has an absolute international legal obligation to
decolonize New Afrikan Territories immediately and to transfer all
powers it currently exercises there to the New Afrikan People;
19. The Defendant has illegally refused to accord full-scope
protections as Prisoners-of-War to captured New Afrikan
independence fighters in violation of the Third Geneva Convention
of 1949 and Additional Protocol I thereto of 1977. The Defendant's
treatment of captured New Afrikan independence fighters as common
criminals and terrorists constitutes a grave breach of the Geneva
Accords, and thus a serious war crime;
The Mexicano People
20. In 1821, Mexico obtained its independence from colonial Spain
as a sovereign Mestizo State, extending from Yucatan and Chiapas in
the south, to the northern territories of California and New
Mexico, which areas the Defendant today calls the states of Texas,
California, Arizona, Nevada, Utah, New Mexico, and Colorado.
Nevertheless, in 1836, so-called settlers, under the sponsorship of
the Defendant, began the division of the Mexicano People and State
by causing the division of the Mexican state of Coahuila-Texas into
the Mexican state of Coahuila and the so-called republic of
Texas;
21. In 1846, the Defendant perpetrated an unjust, illegal and
unjustifiable war upon the remainder of the sovereign People and
State of Mexico that violated every known principle of public
international law in existence at that time, including, but not
limited to, the Christian Doctrine of just war, which was the then
reigning standard of customary international law. As a result
thereof, the Defendant illegally annexed close to 51% of the
territories of the sovereign State of Mexico by means of forcing it
to conclude the 1848 Treaty of Guadalupe-Hidalgo under military
duress. For these reasons, this Treaty was and still is null and
void 'ab initio' as a matter of public international law. The
Defendant acquired more Mexican territory through the Gadsen Treaty
(Purchase) of 1854;
22. Since these 1848 and 1854 Treaties, the Defendant has
perpetrated the International Crime of Genocide against the
Mexicano People living within these occupied territories, as
recognized by the 1948 Genocide Convention;
23. The Defendant has perpetrated the International Crime of
Apartheid against the Mexicano People living within these occupied
territories, as recognized by the 1973 Apartheid Convention;
24. The Defendant has perpetrated a gross and consistent pattern of
violations of the most fundamental human rights of the Mexicano
People living within these occupied territories, as recognized by
the 1948 Universal Declaration of Human Rights and the two
aforementioned United Nations Human Rights Covenants of 1966;
25. The Defendant has perpetrated a gross and consistent pattern of
violations of the 1965 Racism Convention against the Mexicano
People living within these occupied territories;
26. The Defendant has denied and violated the international legal
right of the Mexicano People living within these occupied
territories to self-determination, as recognized by the United
Nations Charter, the two United Nations Human Rights Covenants of
1966, customary international law, and 'jus cogens';
27. Since the militarily-imposed division of the Mexican State, the
Defendant and its agents have militarily occupied other portions of
the Mexican State, have sought to influence the outcome of the
Mexican Revolution of 1910, have practiced a consistent pattern of
intervention into Mexico's internal affairs, all of which have
resulted in the arresting distortion and deformation of the Mexican
social and economic order. In this regard, Defendant's so-called
North American Free Trade Agreement (NAFTA) constitutes nothing
more than an attempt to impose its hegemonial imperialism, economic
colonialism, and human exploitation upon the People and State of
Mexico;
28. The Defendant has illegally refused to apply the United Nations
Decolonization Resolution of 1960 to the Mexicano People and to
these occupied territories that they inhabit. Pursuant thereto, the
Defendant has an absolute international legal obligation to
decolonize both the Mexican occupied territories and the Republic
of Mexico immediately, and to transfer all powers it currently
exercises there to the Mexicano People;
The People and State of Puerto Rico
29. Since its illegal invasion of Puerto Rico in 1898, the
Defendant has perpetrated innumerable Crimes against Peace, Crimes
against Humanity and War Crimes against the People and State of
Puerto Rico as recognized by the Nuremberg Charter, Judgment, and
Principles;
30. The Defendant has perpetrated the International Crime of
Genocide against the Puerto Rican People as recognized by the 1948
Genocide Convention;
31. The Defendant has perpetrated the International Crime of
Apartheid against the Puerto Rican People as recognized by the 1973
Apartheid Convention;
32. The Defendant has perpetrated a gross and consistent pattern of
violations of the most fundamental human rights of the Puerto Rican
People as recognized by the 1948 Universal Declaration of Human
rights and the two aforementioned United Nations Human Rights
Covenants of 1966;
33. The Defendant has perpetrated a gross and consistent pattern of
violations of the 1965 Racism Convention against the Puerto Rican
People;
34. The Defendant has denied and violated the international legal
right of the Puerto Rican People to self-determination as
recognized by the United Nations Charter, the two United Nations
Human Rights Covenants of 1966, customary international law, and
'jus cogens';
35. The Defendant has illegally refused to apply the United Nations
Decolonization Resolution of 1960 to Puerto Rico. Pursuant thereto,
the Defendant has an absolute international legal obligation to
decolonize Puerto Rico immediately and to transfer all powers it
currently exercises there to the Puerto Rican People;
36. The Defendant has illegally refused to accord full-scope
protections as Prisoners-of-War to captured Puerto Rican
independence fighters, in violation of the Third Geneva Convention
of 1949 and Additional Protocol I thereto of 1977. The Defendant's
treatment of captured Puerto Rican independence fighters as common
criminals and terrorists constitutes a grave breach of the Geneva
Accords and thus a serious war crime;
An International Criminal Conspiracy and a Criminal
Organization
37. In light of the foregoing international crimes, the Defendant
constitutes an International Criminal Conspiracy and a Criminal
Organization in accordance with the Nuremberg Charter, Judgment,
and Principles and the other sources of public international law
specified above. The Federal Government of the United States of
America is legally identical to the Nazi government of World War II
Germany. Indeed, the Defendant's President, George Bush, has
proclaimed a so-called New World Order that sounds and looks
strikingly similar to the New Order proclaimed by Adolph Hitler
over fifty years ago.
Conclusion
Like unto a pirate, the Defendant is 'hostis humani generis': The
enemy of all humankind! For the good of all humanity, this Tribunal
must condemn and repudiate the Federal Government of the United
States of America, and its grotesque vision of a New World Order
that is constructed upon warfare, bloodshed, violence, criminality,
genocide, racism, colonialism, apartheid, massive violations of
fundamental human rights, and the denial of the international legal
right of self-determination to the Indigenous Peoples and Peoples
of Color living in North America and elsewhere around the
world.
Consequently, this Tribunal must find the Defendant guilty as
charged on all of the counts specified above beyond a reasonable
doubt. This Tribunal must also issue an Order that formally
proscribes the Federal Government of the United States of America
as an International Criminal Conspiracy and a Criminal
Organization. This Tribunal must also issue a separate Order
mandating the dissolution of the Federal Government of the United
States of America as a legal and political entity. Finally, this
Tribunal must declare that international legal sovereignty over the
Territories principally inhabited by the Native American Peoples,
the New Afrikan People, the Mexicano People, and the People of
Puerto Rico resides, respectively, in the hands of these Peoples
Themselves. The very lives, well-being, health, welfare, and safety
of the Indigenous Peoples and Peoples of Color living in North
America and elsewhere around the world depend upon the ultimate
success of your deliberations.
Respectfully submitted by,
Francis A. Boyle
Professor of International Law
Special Prosecutor
University of Illinois College of Law
504 East Pennsylvania
Champaign, IL 61820
217-333-7954
09/18/1992
Operation
Julin
Underjordisk amerikansk atomvåbenforsøg i
Nevada.
/ Underground U.S. nuclear weapons tests in Nevada.
/ Souterrains américains essais d'armes nucléaires dans le Nevada
/ Subterráneo de Estados Unidos las pruebas de armas nucleares en Nevada.
/ Unterirdisch US Atomwaffentests in Nevada.
Kilde:
United States Nuclear Tests, July 1945 through September
1992. 
U.S. Department of Energy Nevada Operations Office, DOE/NV--209-REV
15, December 2000.
09/18/1992
Folketinget vedtager at stille en dansk militærstyrke til
rådighed for FN til udvidelse af FNs fredsbevarende styrke i
Bosnien-Hercegovina.
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