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TO THE LORD MAYOR AND CITIZENS OF THE HAGUE
An Open Letter and Petition
from
Americans for International Justice Committee
For several centuries Holland had been regarded as one of the most
civilized nations. The Hague in particular has been the seat of the
World Court in the current century, a court distinguished by the
application of Law to relations and disputes between nations and
states. The City and the Court became intertwined, epitomizing some of
the most admirable legacies of he Western Civilization itself. The
cases heard by the Court and its careful judicial rulings virtually
defined International Law, a field now taught at most major
universities. The World Court, as a global legal Officer, never engaged
in advocacy; it never demanded reprisals; it left the acceptance of its
rulings to the parties involved; it allowed simultaneous
representations to all sides in a given dispute; it did not launder or
argue its findings in public before or during judicial review, while
the concept of international military intervention to enforce its
rulings remained alien to the World Court.
Right now, this magnificent legal bequest is being literally raped at
The Hague, its respected home. Its image is being subverted by a
would-be legal impostor, inserted deliberately into The Hague in search
of a legal and cultural pedigree. It is presented as an international
"Tribunal" on war crimes. It uses legal language. It has jurists on its
panels. It has funds but, in fact, it is a fraud. It clearly has a
mission which by its very nature has become a naked assault on Law
itself.
Dealing with war crimes in the former Yugoslavia, it truncates the true
historical context by eliminating all event before 1991, invoking the
statutes of limitations which do not apply to war crimes. Disregarding
rules of evidence and established legal procedure, it investigates,
indicts, prosecutes and renders sentence as a single body. It demands
that arbitrarily proclaimed war criminals be physically delivered to
the "Hague Tribunal". It issues daily accusations to the world media
against two particular leaders of a single ethnicity and religion in
the three-part civil war in which all sides share in brutalities. It
does not allow defense attorneys to challenge the accusations, by
hiding itself behind a lack of mandate for trial-in-absentia. It is
even demanding that the NATO troops in Bosnia hunt and arrest the two
leaders at the risk of both military and civilian bloodshed. It is
deliberately sustaining a worldwide media frenzy through which the
accused are pronounced guilty by association and without trial. It is
destroying and making a mockery of the judicial
system and secular legal tradition by pursuing its own political objectives.
Americans for International Justice Committee believes that the decent
residents of the famous city and its highest elected officials are
being deceived and dishonored by the presence in their midst of a
would-be "court of law" conceived in mischief, and motivated by
political expediency and bias. It embodies the imperial arrogance of
powers whose leaders mistake might for right. We, therefore,
respectfully petition the Lord Mayor and the citizens of The Hague to
put the "Tribunal" on notice that, as presently constituted and
operated, it debases the true Court's historic legacy and is no longer
welcome in their city. The proclamation would attest in no uncertain
terms that The Hague intends to remain the permanent home and guardian
of International Law, fathered by the illustrious Dutch jurist Hugo
Grotius, whose immortal work De jure belli at pacis, 1625,
(On the Law of War and Peace), has been the guiding light in the
slow and painstaking evolution of international legality and
morality.
For: Americans for Intemational Justice Committee
Secretary - Dr. Raymond K. Kent
Emeritus Professor of History
University of Califomia, Berkeley
San Francisco, 17 July, 1996
A group of Americans sent this Open Letter and Petition to the Lord
Mayor of The Hague which was published in the largest newspaper
Haagsche Courant on July 23, 1996. The letter was extremely well
received.
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