Hospitals & Asylums    







International Bar Association ICC Monitoring and Outreach Programme HA-27-6-06


1. The International Bar Association (IBA) Human Rights Institute Report “ICC Monitoring and Outreach Programme” First Outreach Report of June 2006  complements the case of Jose Antonio Ocampo, Under Secretary General of the Department of Economic and Social Affairs v. Luis Moreno-Ocampo, Chief Prosecutor of the International Criminal Court HA-22-6-06 where disciplinary action is sought against the International Criminal Tribunal for the Former Yugoslavia including reparations to the author whose cases were murdered and the hostel takeover of the tribunal by a civil International Tribunal for Eastern Europe to restore balance to the Hague and establish conditions where there could be “Justice” in Peace Palace.  


2. As security measure to protect the public from the genocidal superior orders that are obviously issuing from the Hague it has been requested that communications and relations be quarantined to the Bar Association to prevent the employment of poison and formation of death squads and slavery pacts in retaliation against their lawyers.  We shall assume that the existence of the ICC is justified but cannot tolerate an international conspiracy of prosecutors and police chiefs to seize control of society and the tried and true counsel of the Bar Association is sought in every communication of the ICC and the conclusion of the inferior tribunals of international slavery to assure that the ICC is not staging an international military offensive.


3. The issue being debated is found in Rule 13 of the Rules of Procedure and Evidence that provides that the Registrar has:‘.the responsibility to receive, obtain and provide information, to establish channels of communication with States and to serve as the channel of communication between the Court and States, Inter-governmental Organisations and Non-Governmental Organisations.’  The combination of ICC proceedings, the principle of complementarity, and implementation of the Rome Statute into domestic law can create a momentum towards building the capacity of the domestic legal system to deal with the ‘most serious crimes of international concern’. However, in order to fully realize the complementarity principle, the Court must engage with domestic legal communities.


4. Whereas there is significant evidence that the criminal tribunals and court engage in secret communications and bio-terrorist plots with the very misbehaving prosecutors and generals that are brought before them for discipline we must protect ourselves from being overrun by the potential for fascist revolution presented by the Hague at its current status quo by assuring that all communications are served upon the relevant Bar Association so that they are not dealing in the dark with the criminals they are sworn to protect us against – prosecutors and generals.   The ICC and tribunals must cooperate exlusively with the Bar Association in their relations and communications with states and non governmental organizations.  Arrest warrants are the best example of cases where the counsel of the relevant Bar Association should be sought before making such declarations of war.


5. In example on 16 December 2003, the Ugandan Government referred the situation of northern Uganda to the ICC. This referral was announced by the Prosecutor, Luis Moreno Ocampo, in a joint press conference with President Museveni in London on 29 January 2004 and the Prosecutor began investigations in July 2004. On 8 July 2005, arrest warrants were issued, under seal, against five LRA leaders: J Kony, V Otti, R Lukwiya, O Odhiambo and D Ongwen. D Ongwen was reported to have been killed on 2 October 2005, and none of the others have yet been detained.  Our biggest fear is that arrest warrants will be an excuse for military forces to go in all guns blazing and these children will be killed or injured in a hail of bullets.’ 


6. In Prosecutors v Morrison Kallon, the Appeals Chamber of the Special Court for Sierra Leone held that, there is a ‘crystallizing international norm that a government cannot grant amnesty for serious violations of crime under international law’.  Mr F S Nariman, President of the Bar Association of India, pointed out that: ‘.the spirit of the Rome Statute is not so much in the actual establishment of the Court and the filling of its dockets with cases to be tried before it; its spirit lies rather in the encouragement it gives to national governments worldwide to put up for trial in their own national courts persons accused of genocide, war crimes and crimes against humanity. The Rome Statute has established what can be described as a “culture of legality”: its true success will only come when aversion to impunity gets internalized by the democratic legal systems of each ratifying nation State.’


7. A judge shall exercise the judicial function independently on the basis of the judge's assessment of the facts and in accordance with a conscientious understanding of the law, free of any extraneous influences, inducements, pressures, threats or interference, direct or indirect, from any quarter or for any reason.  A judge shall not only be free from inappropriate connections with, and influence by, the executive and legislative branches of government, but must also appear to a reasonable observer to be free therefrom.  The Bangalore Principles of Judicial Conduct as revised at the Round Table Meeting of Chief Justice at Peace Palace, the Hague, 25-16 November 2002.

8. The purpose of lawyers is to establish conditions under which justice can be maintained.  International treaties obligate lawyers exclusively in the role of defending the criminally accused. The Universal Declaration of Human Rights enshrines the principles of equality before the law, the presumption of innocence, the right to a fair and public hearing by an independent and impartial tribunal, and all the guarantees necessary for the defence of everyone charged with a penal offence.  The International Covenant on Civil and Political Rights proclaims, in addition, the right to be tried without undue delay and the right to a fair and public hearing by a competent, independent and impartial tribunal established by law.  The International Covenant on Economic, Social and Cultural Rights recalls the obligation of States under the Charter to promote universal respect for, and observance of, human rights and freedoms.  The Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment provides that a detained person shall be entitled to have the assistance of, and to communicate and consult with, legal counsel.  The Standard Minimum Rules for the Treatment of Prisoners recommend, in particular, that legal assistance and confidential communication with counsel should be ensured. Basic Principles on the Role of Lawyers 27 August to 7 September 1990

9. The office of prosecutors shall be strictly separated from judicial functions.  Prosecutors carry out their functions impartially and avoid all political, social, religious, racial, cultural, sexual or any other kind of discrimination.  The protect the public interest, act with objectivity, take proper account of the position of the suspect and the victim, and pay attention to all relevant circumstances, irrespective of whether they are to the advantage or disadvantage of the suspect. The keep matters in their possession confidential, unless the performance of duty or the needs of justice require otherwise.  They consider the views and concerns of victims when their personal interests are affected and ensure that victims are informed of their rights in accordance with the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power.  Prosecutors shall not initiate or continue prosecution, or shall make every effort to stay proceedings, when an impartial investigation shows the charge to be unfounded. Prosecutors shall give due attention to the prosecution of crimes committed by public officials, particularly corruption, abuse of power, grave violations of human rights and other crimes recognized by international law and, where authorized by law or consistent with local practice, the investigation of such offences. When prosecutors come into possession of evidence against suspects that they know or believe on reasonable grounds was obtained through recourse to unlawful methods, which constitute a grave violation of the suspect's human rights, especially involving torture or cruel, inhuman or degrading treatment or punishment, or other abuses of human rights, they shall refuse to use such evidence against anyone other than those who used such methods, or inform the Court accordingly, and shall take all necessary steps to ensure that those responsible for using such methods are brought to justice.  Guidelines on the Role of Prosecutors 27 August-7 September 1990

10. The International Bar Association notes that the ad hoc tribunals failed to establish outreach programmes at the outset, an omission which resulted in extensive distortions and misrepresentations of the purpose and functioning of the tribunals in the territories covered.7 Indeed, the work of the International Criminal Tribunal for the former Yugoslavia (ICTY) was ‘frequently politicised and used for propaganda purposes by its opponents’, and seen as ‘remote and disconnected from the population’.  They however fail to mention the assault upon Hospitals & Asylums Slaves and it is for this case explained in Jose Antonio Ocampo, Under Secretary General of the Department of Economic and Social Affairs v. Luis Moreno-Ocampo, Chief Prosecutor of the International Criminal Court HA-22-6-06 that their representation is sought.  Art. 75  of the Rome Statute  permits the Court to make reparations to victims.  United Nations’ Set of Principles to Combat Impunity, and the Basic Principles on Reparations, are instructive. Principle 33 of the Set of Principles to Combat Impunity directs the ‘widest possible publicity’ of ‘reparation procedures’, and Principle 12(a) of the Basic Principles on Reparations requires the dissemination of information of ‘all available remedies for gross violations of international human rights law and serious violations of international humanitarian law.


Tony Sanders