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Kerry in Vietnam Part One: War Hero or War Criminal? by Alexander Cockburn and Jeffrey St. Clair; Why France Joined the US in the Coup in Haiti and the Despicable Role of Regis Debray, Le Running Dog Onctueux by Heather Williams; Ashcroft in Indonesia: Bloodshed and Terror with US Connivance by Ben Terrall. Last month, CounterPunch Online was read by 12.5 million viewers--by far our biggest month ever. But remember, we are funded solely by the subscribers to the print edition of CounterPunch. Please support this website by buying a subscription to our newsletter, which contains fresh material you won't find anywhere else, or by making a donation for the online edition. Remember contributions are tax-deductible. Click here to make a (tax deductible) donation. If you find our site useful please: Subscribe Now!

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Today's Stories

March 31, 2004

Marjorie Cohn
The Illegal Coup in Haiti: How the Kidnapping of Aristide Violated US and International Law

March 30, 2004

William S. Lind
An Occurrence in Pakistan: the Battle That Wasn't

Ron Jacobs
Assassinations, Hate Mail & Justice

Mickey Z.
Tommy Boy Friedman Does "Imagine"

Neve Gordon
Strategic Motives of the Yassin Assassination

Mark Scaramella
The Founding Scam: Insider Trading is the American Way

John Chuckman
The Countessa of Empire: Condi Rice's Idea of Democracy

Greg Moses
Live from Pasadena: Silhouettes of New Order

Rai O'Brien
What Kind of Democracy to Expect if the Opposition Takes Power in Venezuela

Bill Christison
The 9/11 Commission: Dangerous Harbinger for the Future

Website of the Day
Ghost Town: Riding Through Chernobyl


March 29, 2004

John Maxwell
Crisis in the Caribbean: a Miasma Foretold

J. Michael Springmann
Email Spying & Attorney Client Privilege

Robert Fisk / Severin Carrell
Coalition of the Mercenaries

The Black Commentator
Haiti's Troika of Terror

Doug Giebel
Candide in the Wilderness:
How Bush Policy Was Made

David Krieger
The Nuclear Non-Proliferation Bargain

Mike Whitney
Rejecting the Language of Terrorism

Richard Oxman
The Pitts: a 9/11 Burrow of an American Family

Kim Scipes
The AFL-CIO in Venezuela: Deja Vu All Over Again

Michael Donnelly
End Game for Northwest Forests

Norman Solomon
The Media Politics of 9/11

Kathy Kelly
Last Lines Before Vanishing

Website of the Day
Swans: Can Money Buy Everything?

 

March 27 / 28, 2004

Jeffrey St. Clair
Empire of the Locusts

Gary Leupp
The Yassin Assassination: Prelude to an Attack on Syria

William A. Cook
The Yassin Assassination: a Monstrous Insanity Blessed by the US

Faheem Hussain
Some Thoughts on Waziristan: Once and Always a Colonial Army

Elaine Cassel
Is Playing Paintball Terrorism?

Larry Birns / Jessica Leight
Disturbing Signals: Kerry and Latin America

John Ross
Bush Tells the World: "Drop Dead"

John Eskow
A Memo to Karl Rove from the Hollywood Caucus

Alan Maass
Who Are the Real Terrorists?

Dave Lindorff
Spineless of US Journalists

Joe Bageant
Howling in the Belly of the Confederacy

Dave Zirin
Reasonable Doubt: Why Barry Bonds is Not on Steroids

Craig Waggoner
Who Would Mel's Jesus Nuke?

The Kerry Quandry

Joel Wendland
Marxists for Kerry

Josh Frank
Scary, Scary John Kerry

Matt Vidal
Spoilers, Electability and the Poverty of American Democracy

Poets' Basement
LaMorticella, Hamod, Guthrie, Davies and Albert

Website of the Weekend
Say a Little Prayer

 

March 26, 2004

Christopher Brauchli
There's a Chill Over the Country

Robert Fisk
The Man Who Knew Too Much: the Ordeal of Mordechai Vanunu

Joe DeRaymond
Democracy in El Salvador? Think Again

Mike Whitney
Lessons on Apartheid from Ariel Sharon

Mickey Z.
Somalia and Iraq: Looking Back and Ahead

Chris Floyd
The Pentagon Archipelago

CounterPunch Photo Wire
Cheney's Close Shave?

John Breneman
Bush's Comic Bomb

Website of the Day
Dick is a Killer

 

March 25, 2004

Lee Sustar
Who is to Blame for Lost Jobs?

Standard Schaefer
An Interview with Michael Hudson on Offshore Banking Centers

Roger Burbach
Lula vs. the IMF: Brazil Begins to Throw Off the Austerity Planners

Jimmer Endres
Elections Without Politics: The Military Budget Is Not an "Issue"

Larry Tuttle
Acting in Your Name: Identity Theft and Public Interest Groups

Toni Solo
Misreporting Venezuela

Dan Bacher
A Memorial Wall for Iraq War's Dead and Wounded

Saul Landau
Is Venezuela Next?

Website of the Day
The Spiral Railway

 

March 24, 2004

Gary Leupp
General Musharraf's IOU

Richard Oxman
Shakespeare for Kerry

William Lind
The Beginning of Phase Three: 4G Warfare Hits Iraq

Rep. Ron Paul
Iraq One Year Later

Michael Dempsey
Killing Rachel Corrie Again

Alan Farago
The Bad Math of Mercury: Bush's War on the Unborn

Benjamin Dangl
and April Howard
Media in Cuba

John L. Hess
No Lie Left Behind: Judy Miller Does Dick Clarke

Greg Weiher
Two Cheers for Dems: "We're Not as Bad as George"

Eva Golinger
An Open Letter to John Kerry on Venezuela

Grayson Childs
Where's Cynthia McKinney?

Steve Niva
Israel's Assassinations will Only Fuel More Suicide Bombings

Website of the Day
The Bushiad and the Idiossey

 

March 23, 2004

Phillip Cryan
The Drug War's Next Casualty: Colombia's National Parks

Ron Jacobs
They Shoot Men in Wheelchairs, Too?

Dave Lindorff
A Spanish Parallel: Scare Tactics and Elections

Mike Whitney
Richard Clarke and Teflon George

Brian McKinlay
Bush's Lil' Buddy in Trouble: John Howard Starts to Wobble

JG
Driving Mr. Koon: "Jim Crow Lives Next Door"

Phyllis Pollack
Gettin' Jigga with Metallica: the Battle Over the Double Black CD

Ahmed Bouzid
Sharon's One-Way Track

Sean Carter
The G-Word Goes to Court: One Nation Under [Your Logo Here]

M. Shahid Alam
World's Greatest Country: Do the Facts Lie

 

March 22, 2004

Mazin Qumsiyeh
On Extrajudicial Executions

Uri Avnery
The Assassination of Sheikh Yassin is Worse Than a Crime

Gilad Atzmon
Sharon's Rampage

Mike Whitney
Guilty Until Proven Innocent: the Story of Captain James Yee

Jason Leopold
Firm With Ties to Cheney Faces Criminal Indictment in Cal Energy Scam

Greg Moses
Stop Walling and Stalling: a Report from Houston's Peace March

Phil Gasper
San Francisco: 25,000 March for an End to the Occupation

Lenni Brenner
Report from NYC: Old and Young Parade for Peace

Julian Borger
The Clarke Revelations

Steve Perry
Karl Rove's Moment

Website of the Day
Enviros Against War

 

 

March 20 / 21, 2004

Alexander Cockburn
Gay Marriage: Sidestep on Freedom's Path

Jeffrey St. Clair
Intolerable Opinions in an Age of Shock and Awe: What Would Lilburne Do?

Ted Honderich
Tony Blair's Moral Responsibility for Atrocities

Saul Landau / Farrah Hassen
The Plot Against Syria: an Irresponsibility Act

Gary Leupp
On Viewing "The Passion of the Christ"

William A. Cook
Fence, Barrier, Wall

Phil Gasper
Bush v. Bush-lite: Chomsky's Lesser Evilism

Ron Jacobs
Fox News and the Masters of War

John Stanton
Which Way John Kerry? The Senator's Inner Nixon

Justin Felux
Kerry and Black America: Just Another Stupid White Man

Mike Whitney
Greenspan's Treason: Swindling Posterity

Augustin Velloso
Avoiding Osama's Abyss

Lawrence Magnuson
Eyes Wide Open: Is Spain Caving in to Terrorism?

Kathy Kelly
Getting Together to Defeat Terrorism

Tracy McLellan
Scalia & Cheney: Happiness is a Warm Gun

Kurt Nimmo
Emma Goldman for President!

Luis J. Rodriguez
The Redemptive Power of Art: It's Not a Frill

Mickey Z
The Michael Moore Diet

Jackie Corr
When Harry Truman Stopped in Butte

Niranjan Ramakrishnan
The Great Trial of 1922: Gandhi's Vision of Responsibility

Poets' Basement
Stew Albert & JD Curtis

Website of the Weekend
Virtual World Election

 

March 19, 2004

Jeffrey St. Clair
Zapatero to Kerry: Back Off, Senator, Our Troops are Coming Home

Ann Harrison
So Protesters, How Well Do You Know Your Rights?

William MacDougall
Fortress Britain's War on "Economic Migrants"

Greg Moses
Sold American: Cowboy Nation Gets Ready to Vote

Cynthia McKinney
Haiti and the Impotence of Black America: Roll Back This Coup, Mr. Bush

Norman Solomon
Spinning the Past; Threatening the Future

John L. Hess
"Missing" Evidence and the NYTs

Vicente Navarro
The End of Aznar, Bush's Best Friend

Website of the War
Naming the Dead

 


March 18, 2004

Gila Svirsky
Rachel Corrie, One Year Later: She Never Lost Faith in Decency

Christopher Brauchli
Drilling a Hole in the Sanctions: How Halliburton Made $73 Million from Saddam

William Kulin
Report from Iraq: Just Another Baghdad Car Bombing

Mike Whitney
Resistance: a Moral Imperative

Rep. Ron Paul
Broadcast Indecency Act: an Indecent Attack on the First Amendment

Josh Frank
The Nader Question

Jack Random
They Lied & They Lost: Madrid and the Lessons of Democracy

Greg Bates
What Makes a Nader Voter Tick? A Survey

Sam Hamod / Alfredo Reyes
Contempt of the World: Hastert, Bush and Cheney on Spain

Gary Leupp
The Madrid Bombings: the Chickens Come Home to Roost

Website of the Day
Privatizing Armageddon: Buy Your Own Doomsday Key

 

March 17, 2004

Marjorie Cohn
Spain, the EU and the US: War on Terror or Civil Liberties?

David MacMichael
Untruth and Consequences

Michael Donnelly
Wear the Green, But Skip the Green Beer

Tom Stephens
"Steady Leadership": Let the Buyer Beware

Wayne Madsen
Sen. Kerry, Let Me Help You Out

Karyn Strickler
Who Owns the Sierra Club? Anonymous Donors and Rigged Elections

Peter Linebaugh
Bush: Blanc Blanc

 

March 16, 2004

Lenni Brenner
James Madison: the Anti-Clerical Father of the Bill of Rights

Scott Boehm
Madrid Diary: How to Change World Order in Four Days

Alexander Lynch
From Franco to Aznar: the History Behind the Spanish Elections

Sam Hamod and Alfredo Reyes
The Truth About the Spanish Elections: Aznar Was Going Down Anyway

Elizabeth Weill-Greenberg
You Wouldn't Do a Dog This Way: Executing David Clayton Hill

Mike Whitney
The Case for a Nuclear Iran

Robert Fisk
The Bloody Price of the "War on Terror"

Bill Christison
The Aftershocks from Madrid

CounterPunch Photo Wire
The Passion of St. Teresa

Website of the Day
Join the War on Art!

 

March 15, 2004

Harry Browne
Terror Nothing New to Europe

Mike Whitney
Justice Not Murder: the Tragic Symmetry of Terrorism

Lidice Valenzuela
Haiti: a Coup without Consultation

Greg Moses
Lessons from the Texas Primaries: Looking for a Coalition with Legs

Mickey Z.
Depraved Indifference: C-Sections, Patriarchy & Women's Health

Asaf Shtull-Trauring
AWOL in New York: From Refusenik to Organizer

CounterPunch Wire
Gen. Gramajo Executed by Bees!

 

March 12 / 14, 2004

Gabriel Kolko
The Coming Elections and the Future of American Global Power

Saul Landau
Oh, Jesus...It's the Movie!

William Blum
Neo-Con(tradictions)

William S. Lind
Why They Throw Rocks

Rahul Mahajan
The Meaning of Madrid: War on "Terrorism" Makes Us All Less Safe

Neve Gordon
Demographic Wars

Kurt Nimmo
Kerry and the Progressive Interventionists

Mickey Z.
The "New" UN Blames the Poor

Mike Whitney
War Games: the American Media Leads the Charge

Helen Scott and Ashley Smith
Aristide's Fall: What Led to the Coup?

Justin E.H. Smith
Loïc Wacquant: Against a Sociodicy of the American Prison

Brandy Baker
Him Again? Al Gore Needs to Move On

Robin Philpot
Nobody Can Call It a "Plane Crash" Now: the Report on the Assassination of Rwandan President Habyarimana

Mokhiber / Weissman
The Meat Monopoly Takes a Rare Pounding

Dave Zirin
She Turned Her Back on the War: an Interview with Toni Smith

Daniel Wolff
The Lord's Pier

 

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March 31, 2004

The Illegal Coup in Haiti

The Kidnapping of Aristide Violated US and International Law

By MARJORIE COHN

Beginning in early February 2004, the democratically elected President of Haiti, Jean-Bertrand Aristide, faced an armed rebellion starting from the North of his country and moving South. The rebel leaders, whom U.S. Secretary of State Colin Powell characterized as "thugs and criminals," include former members of the dissolved Haitian army, drug dealers, and members of the former paramilitary organization universally recognized as having operated terrorist/execution squads during the 1991-1994 military coup.

The driving force behind these rebels was Jean Tatoune, a formerly a member of the Front Revolutionnaire pour l'Avancement el le Progres d'Haiti (FRAPH), and Jodel Chamblain, the co-founder of FRAPH. Both are convicted human rights violators. The nominal rebel leader was Guy Phillipe, a well-known drug dealer, who had been implicated in masterminding another coup attempt against the democratically elected government of Haiti under President Preval.

The movement of the rebel army towards the South was rapid, as it was armed with M-16s and M-60s of American manufacture, and the national police had been eviscerated by the financial and arms embargo imposed on Haiti for the past few years, under the false pretenses of faulty elections.

President Aristide had accepted the proposals of the international community, and had entreated the opposition to agree to the proposed political solution in order to avoid the return to power of the forces who in the past had terrorized the Haitian people.

On Feburary 26, the rebel army threatened to enter Port-au-Prince, and threatened President Aristide's government and his life. The civil opposition that had been calling for President Aristide's resignation rejected the international proposals. At this point, Colin Powell stated that the U.S. would not send troops to protect the democratically elected government until a political solution had been reached.

Two days later, the Steele Foundation, a U.S. company which had provided President Aristide with security under contract, informed him that the U.S. government had forbade the company from bringing in additional security forces to protect President Aristide. The same day, U.S. diplomats told the President that if he remained in Port-au-Prince, the U.S. would not provide any assistance when the insurgents attacked, and that they expected the President, his wife and supporters would be killed.

Later that night, the U.S. Depute Charge de Mission (DCM) in Haiti, Luis Moreno, accompanied by a contingent of U.S. Marines, met with the President. Moreno told him that only if he left at that moment, the U.S. would provide aircraft for him to leave, but that assistance was contingent on the President providing the United States with a letter of resignation.

In the early morning hours of February 29, the President and some family members were taken by Moreno and the Marines to an airplane rented by the U.S. State Department. Moreno told the President that he must give Moreno a letter of resignation and agree to ask no questions about where he would be taken, or the President and his wife would be left at the airport and they would be killed.

Under extreme duress, President Aristide signed a letter of resignation and boarded the plane. During the flight, despite their repeated requests, the President and his wife were forbidden from communicating with anyone in the outside world. They were never asked whether their destination, the Central African Republic, was acceptable to them. Because they were prevented from having any communication, the President and his wife were prevented from seeking the agreement of other countries to accept their arrival.

Although both George W. Bush and Colin Powell had said they would not send U.S. troops to Haiti until there was a political solution, U.S. troops were ordered to Haiti within one hour of President Aristide's departure. Dick Cheney denied that the United States arrested or forcibly ousted President Aristide, saying that President Aristide, who had "worn out his welcome with the Haitian people," had "left of his own free will."

Shortly after President Aristide's "resignation," Boniface Alexandre was named acting president of Haiti. All 3,000 people held in the National Penitentiary were freed on March 14, according to the Associated Press. Several of these prisoners had been convicted of massive human rights violations, or were awaiting trial for massive human rights violations. The UN news wire reported on March 5, that in Fort Liberte, recently released prisoners were said to be in charge of security.

The Observer reported a security vacuum throughout the country, and the BBC reported that rioters in Port-au-Prince looted stores, ransacked police stations, and set fire to gas stations. There have been many brutal reprisal attacks on political opponents, extra-judicial arrests and killings, lack of effective civil authority, and disruption of humanitarian aid efforts. Serious human rights abuses, political violence, and social turbulence have escalated to the level of a humanitarian crisis.

There has been a serious attack on the freedom of the press since February 29. Staff from the Aristide government media continue to be attacked and beaten, some journalists have been forced into exile, and the U.S.-supported opposition now controls most of the airwaves.

Human Rights Watch reported on March 2 that the U.S. Coast Guard had already repatriated at least 867 Haitians. Joanne Mariner, deputy director of Human Rights Watch's Americas Division, said, "With people being shot dead in the streets by gangs of criminal thugs, it was unconscionable for the United States to dump entire families into this danger zone." According to Mariner, "Haiti remains unstable and insecure. The international community must take rapid steps to take the country back from armed criminals and thugs who are now in control of the country."

Forcible regime change violates international law

Haiti's democratically elected President Aristide was removed from Haiti by the United States, by threat of force. Forcible regime change violates the well-established principle that people should be able to choose their own government. The International Covenant on Civil and Political Rights recognizes self-determination as a human right, and specifies that all peoples have the right to "freely determine their political status and freely pursue their economic, social and cultural development." The United Nations Charter also prohibits the use of force "against ... [t]he political independence" of another state.

The governing charters of the Americas also prohibit forcible regime change. The Charter of the Organization of American States (OAS) affirms that "every State has the right to choose, without external interference, its political, economic, and social system and to organize itself in the way best suited to it, and has the duty to abstain from intervening in the affairs of another State."

Likewise, the Inter-American Democratic Charter, signed on September 11, 2001, reiterates the indispensability of representative democracy and the principle of non-intervention. It provides that when a government of a member state considers its legitimate exercise of power at risk, it may request assistance from the Secretary General or the Permanent Council for the strengthening and preservation of its democratic system. Jean-Bertrand Aristide, as duly elected President of Haiti, is entitled to request such assistance. The Charter further provides, "In the event of an unconstitutional alteration of the constitutional regime that seriously impairs the democratic order in a member state, any member state or the Secretary General may request the immediate convocation of the Permanent Council to undertake a collective assessment of the situation and to take such decisions as it deems appropriate."

The Security Council recognized President Aristide's resignation

On February 29, the Security Council adopted Resolution 1529, which took note of the resignation of President Aristide and the swearing in of Boniface Alexandre as acting president "in accordance with the Constitution of Haiti." The Council stated in Resolution 1529 that it was acting under Chapter VII of the UN Charter, which gives Council decisions binding effect. In the Libya case, the ICJ deferred to the Security Council, saying that the Council's imposition of sanctions on Libya preempted the Court's jurisdiction. However, the Council has not imposed sanctions in Haiti, but merely taken note of President Aristide's resignation and the swearing-in of Boniface Alexandre as acting president. Additionally, when Resolution 1529 was adopted, President Aristide had not had a full opportunity to present his allegations that he had been kidnapped and forced to sign a letter of resignation. Any subsequent attempt to secure a new Security Council resolution would invariably be vetoed by the United States and France, which also supported the ouster of President Aristide. Since President Aristide did not truly resign, as head of state of Haiti he still has a seat at the United Nations General Assembly, and can request a resolution condemning the coup.

Resolution 1529 also authorized the immediate deployment of a Multinational Interim Force to Haiti. If President Aristide returned to Haiti, the United Nations troops would be compelled to protect him.

The U.S. violated a treaty it ratified by kidnapping President Aristide

In 1976, the United States ratified the multilateral treaty, Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents. The Republic of Haiti is also a party to this treaty. It prohibits the intentional kidnapping or other attack upon the person or liberty of an internationally protected person. A Head of State and his wife - President Aristide and Mildred Trouillot Aristide - are considered to be internationally protected persons under this treaty.

The terms of the treaty require the U.S. to punish those responsible for an intentional kidnapping. President Aristide could sue the United States in the name of Haiti, on the basis of a "dispute" arising from the failure of the U.S. to punish. Haiti could also sue for the perpetration of the kidnapping by the U.S., based on the Bosnian precedent. The Genocide Convention, at issue in the Bosnia case, similarly requires states to prohibit and prevent genocide. Bosnia argued that this also means a state can be sued for its own perpetration of genocide. Yugoslavia as respondent objected and said it could not be sued for perpetration. The International Court of Justice (ICJ) agreed with Bosnia and said that even though the Convention requires only that a state prevent and prohibit, that impliedly includes an obligation not to perpetrate. The ICJ would likely conclude that Haiti and the U.S. have a "dispute" by virtue of their disagreement over whether the U.S. perpetrated kidnapping of an internationally protected person. The ICJ would take oral testimony and would determine whether a kidnapping occurred.

On March 8, 2004, President Aristide's lawyer, Ira J. Kurzban, presented a written demand to Colin Powell that the United States fulfill its international legal obligations to the Republic of Haiti under this treaty. This letter demanded that the U.S. government submit, without undue delay, the case to its competent authorities for the prosecution of the U.S. nationals who organized and implemented the kidnapping of President Aristide and his wife.

Under the terms of this treaty, any dispute between two or more States Parties concerning its interpretation or application, which is not settled by negotiation or arbitration, can be referred to the ICJ by any one of those parties. Since the U.S. did not file a declaration relating to the dispute settlement provision, it did not opt out of ICJ jurisdiction.

The U.S. kidnapping of President Aristide violates U.S. law

United States law makes it a criminal offense for United States persons to kidnap an internationally protected person. See 18 U.S.C. sections 112, 878 and 1201. A prima facie case of violation of this statute has been made out since President Aristide and his wife were taken against their will on an aircraft registered in the United States and owned, leased or controlled by U.S. persons.

Ira Kurzban sent a letter to Attorney General John Ashcroft asking the Justice Department to investigate the circumstances of President Aristide's departure from Haiti on February 29.

The U.S. repatriation of Haitians violates international law

International law prohibits nonrefoulement, or sending people back to places where they risk being persecuted, tortured or killed. On February 25, the United Nations High Commissioner for Refugees recommended that neighboring countries suspend forced returns to Haiti. Nevertheless, the U.S. Coast Guard repatriated at least 867 Haitians, which puts them in grave danger due to the current conditions of violence and instability. The United States violated international law by repatriating these people.

The Inter-American Commission on Human Rights should conduct an investigation

On February 26, the Inter-American Commission on Human Rights issued a statement deploring the violence occurring in Haiti and called attention to the urgent need for a response from the international community.

On March 8, President Aristides' attorney Ira Kurzban, on behalf of the Government of the Republic of Haiti, extended a standing invitation to the Commission to effectuate as many on-site human rights visits as necessary to document the human rights situation in the country, and make such recommendations as it deems necessary to reestablish the rule of law and respect for fundamental rights. The same day, more than 100 law professors and human rights organizations wrote to the executive secretary of the Inter-American Commission on Human Rights, urging that the Commission conduct an on-site visit to Haiti to investigate the critical human rights situation there.

CARICOM, U.S. representatives, and human rights organizations call for probe

Fourteen Caribbean nations that comprise the Caribbean Community (CARICOM) were reportedly "extremely disappointed" at the involvement of "Western partners" in the departure of President Aristide from Haiti, and called for a probe into the President's charge that the United States forced him out of office.

Several members of Congress, including Maxine Waters, called for an investigation into the United States' role in the ouster of President Aristide.

An international team of lawyers filed a petition in a Paris court alleging that officials from the French and United Stats governments kidnapped President Aristide and led a coup in Haiti.

The American Association of Jurists (AAJ), while recognizing that during the government of President Aristide, violations of the political and human rights of the Haitian people were committed, declared that jurists have a duty to condemn the U.S. participation in the planning and execution of a modern day coup d'etat which is part of the U.S. policy of imperial conquest of the American continent. The AAJ condemns the Haitian intervention directed by the U.S., with France's collaboration; calls for the formation of an independent commission of Latin American and Caribbean parliaments to investigate the conditions under which Aristide left the Presidency and the country, including the possible role played by the government of the Dominican Republic in the training of armed militias and invasion from Dominican soil; invites Latin America to demand the immediate pullout of U.S. and French occupation troops from Haiti, and replacement with a Latin American contingent according to the procedures in the Interamerican Democratic Charter, in consultation with legitimate Haitian authorities; and invites the OAS to conduct an investigation to establish the circumstances which put Aristide out of the office of the Presidency of Haiti.

The National Conference of Black Lawyers (NCBL) expressed "its maximum outrage and disgust with the imperialist, lawless and brutal campaign of terrorism that has been inflicted on the people of Haiti by the Bush administration." The organization demanded immediate answers to questions about "U.S. involvement with armed terrorists who have destabilized the island nation," and called for "the formation of a global Pan-African alliance of organizations that will be prepared to counter future imperialist intervention through coordinated economic warfare."

On March 27, NCBL filed a complaint with the International Criminal Court's (ICC) prosecutor, requesting investigation of whether charges may be brought against the Bush administration for war crimes in the kidnapping of President Aristide from Haiti. The complaint noted that even though neither the U.S. nor Haiti is a party to the ICC's statute, the Central African Republic, to which President Aristide was forcibly removed and detained, is a party to the ICC, and thus jurisdiction would lie. It further noted that unlawful deportation or transfer or unlawful confinement constitutes a grave breach of the Geneva Convention, which, in turn, constitutes a war crime.

The National Lawyers Guild and several organizations and institutions working for global justice denounced the U.S. government for its role in the coup overthrowing the democratically elected government of Haiti and the forced removal of President Aristide by the U.S. military. They demanded a Congressional investigation into the role of the U.S. government in the deliberate destabilization of the Haitian government and the implementation of the coup; an immediate end to the repression and daily attacks on those demanding the return of President Aristide; and support for Haitian refugees.

The National Lawyers Guild will send a delegation to Haiti to meet with victims, witnesses and their families and with grassroots leaders. The delegation will investigate detention conditions for those held in Haitian prisons and by the international occupation troops.

The United States has rejected calls for an inquiry into President Aristide's removal from Haiti. State Department spokesman Richard Boucher said, "There is nothing to investigate, we do not encourage nor believe there is any need for an investigation. There was no kidnapping, there was no coup, there were no threats." As with the Cheney energy task force, the 9/11 commission, and the inquiry into the intelligence leading to the war on Iraq, the Bush administration is resisting an independent investigation.

Marjorie Cohn, a professor at Thomas Jefferson School in San Diego, is executive vice president of the National Lawyers Guild, and the U.S. representative to the executive committee of the American Association of Jurists. She can be reached at: cohn@counterpunch.org.

For more information about becoming involved in the Guild's Haiti solidarity work, contact Brian Concannon at brianhaiti@aol.com or Steve Goldberg at
goldberg@goldbergmechanic.com.

 

Weekend Edition Features for March 20 / 21, 2004

Jeffrey St. Clair
Empire of the Locusts

Gary Leupp
The Yassin Assassination: Prelude to an Attack on Syria

William A. Cook
The Yassin Assassination: a Monstrous Insanity Blessed by the US

Faheem Hussain
Some Thoughts on Waziristan: Once and Always a Colonial Army

Elaine Cassel
Is Playing Paintball Terrorism?

Larry Birns / Jessica Leight
Disturbing Signals: Kerry and Latin America

John Ross
Bush Tells the World: "Drop Dead"

John Eskow
A Memo to Karl Rove from the Hollywood Caucus

Alan Maass
Who Are the Real Terrorists?

Joe Bageant
Howling in the Belly of the Confederacy

Dave Zirin
Reasonable Doubt: Why Barry Bonds is Not on Steroids

Craig Waggoner
Who Would Mel's Jesus Nuke?

The Kerry Quandry

Joel Wendland
Marxists for Kerry

Josh Frank
Scary, Scary John Kerry

Matt Vidal
Spoilers, Electability and the Poverty of American Democracy

Poets' Basement
LaMorticella, Hamod, Guthrie, Davies and Albert

Website of the Weekend
Say a Little Prayer


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