Open Letter to Luis Moreno Ocampo!

The magistrate and former German MEP Jürgen Todenhöfer questions the reasons which led the prosecutor Luis Moreno-Ocampo to indict Sudanese President, but not the U.S. president or British prime minister, while the allegations are more serious yet.

August 11, 2008
Since
Berlin (Germany)

Sir

Like all those and all those for whom the universal application of human rights is important, I welcome the fact that you please look at the behaviour of Sudanese President Omar Hassan al-Bashir.

Crimes against humanity should not go unpunished. Whether the perpetrator is a head of state plays no role function, as you pointed out. Insofar as you have evidence, you must open a charging process.

As a former judge, I would nevertheless ask the question why you do not act with the same toughness and fairness against the perpetrators of the war in Iraq - particularly against U.S. President George W. Bush and former British Prime Minister Tony Blair.

This war, triggered on the basis of lies, was - in the words of former Secretary-General Kofi Annan - "illegal", and represents a violation of international law. It was obvious to everyone that was not a case of defence.

There was no decision of the Security Council of the United Nations. Following this, the German Federal Administrative Court has also classified the 2005 war against Iraq as contrary to international law.

According to a 2006 study published in the renowned British medical journal The Lancet, more than 600,000 Iraqi civilians were killed in this war of aggression, in large part by U.S. troops.

For its part, the British polling agency Opinion Research Business (ORB), revealed that currently the number of civilian casualties over a million. Besides, one million people were injured and nearly five million have fled. This suffering and massacres require repair.

The International Criminal Court must ask themselves if it is truly a world court, whose laws apply to everyone or if it is a criminal court in Western countries against non-Western - a court of the powerful against the weak.

Until now, only small countries’ politicians have been indicted, is breathtaking.

As regards the form, you may, of course, refer to the fact that the United States, unlike Britain, has never ratified the Rome Statute, which forms the basis of the International Criminal Court and that, therefore, it is not possible to indict the president of the United States.

If this is the situation, you cannot indict Sudan's President, because his country did not recognize the International Criminal Court.

In the grounds of the Nuremberg Tribunal found this: "To initiate a war of aggression is the worst crime on the international level, which differs from other war crimes in that it combines all the horrors of the multiplying."

At the time, the Attorney General American community, Robert Jackson - in a way your predecessor – was expressed as follows: "We will be judged by history tomorrow with the same measure that we use today toward the accused. The law of war is not valid for criminals of vanquished nations."

Recently, a Muslim girl asked me how many hundreds of thousands of innocent victims a Western head of state could kill without being prosecuted.

What answer can be given as a supporter of universal values such as human dignity and fairness? I would be very grateful if you could tell me reasons that work against an indictment of George W. Bush and Tony Blair.

Want to correct this translation? Have better translation? Please use the form to enter your translation! Many thanks.

** Read the original version of this entry at Lettre ouverte à Luis Moreno Ocampo.

Why Do You Kill?: The Untold Story of the Iraqi Resistance

The International Criminal Court - The Making of the Rome Statute: Issues, Negotiations and

Collection of Icc Awards, Recueil Des Sentences Arbitrales De La Icc: : 1996-2000 (Collection of ICC Arbitral Awards Series Set)

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