Comments on: Case Not Proven http://www.dhafirtrial.net/2005/10/19/response-to-requests-for-information-about-why-i-believe-the-governments-case-against-rafil-dhafir-was-not-prove/ Information about Dr. Rafil Dhafir Wed, 08 Feb 2012 02:39:44 -0500 http://wordpress.org/?v=2.8.4 hourly 1 By: Elias Davidsson http://www.dhafirtrial.net/2005/10/19/response-to-requests-for-information-about-why-i-believe-the-governments-case-against-rafil-dhafir-was-not-prove/comment-page-1/#comment-819 Elias Davidsson Sun, 26 Mar 2006 14:25:09 +0000 http://www.dhafirtrial.net/?p=169#comment-819 As a person thoroughly familiar with the sanctions against the Iraqi people (see my writings on economic sanctions in general and the Iraq sanctions in particular on www.juscogens.org), I can only admire the determination of US citizens who, despite risks, tried to help people in Iraq through money donations, gifts and moral support. What disturbs me no end, is that no US organisation has actually demanded the prosecution of US leaders who imposed and maintained the deadly embargo for having contributed to the deaths of hundreds of thousands of Iraqis, many of whom children below 5 years of age. Such acts are defined under international customary law as crimes against humanity and should be prosecutable in the U.S. While Saddam Hussein may be rightly charged for various crimes, under international law, it is noteworthy that neither the Security Council of the United Nations, nor the United States, nor the Special Tribunal established in Iraq to try Saddam Hussein, have charged him for the ultimate crime: To cause the deaths of half a million Iraqi children. That none has done so is understandable, because the guilt is borne foremost by U.S. leaders. I believe that Dhafir's supporters should not content themselves in denouncing the miscarriage of justice against him, but extend their work to demand the prosecution of U.S. leaders and their accomplices for one of the biggest crimes in recent history: The extermination of half a million Iraqis by economic sanctions. Anybody interested in details is welcome to contact me at edavid@simnet.is <strong>KH</strong>: See my article, <a href="http://www.dhafirtrial.net/?p=261">"Crime of Compassion,"</a> where I address the things that you speak of. A major part of the problem is that most Americans have no clue about what was being done in their name. Also, Dr. Dhafir is the sole honorary member of the <a href="http://www.brusselstribunal.org/">Brussels Tribunal Advisory Board</a>, so honored because of his work in getting aid to the starving Iraqi civilian population. Other members of this group include the two UN members, Denis Halliday and Hans Von Sponeck, who resigned because of the "genocidal" policy of sanctions. Dirk Adriaensens of the Executive Committee of the <a href="http://www.brusselstribunal.org/index.htm">Brussels Tribunal</a> says of Dr. Dhafir: "It is a common principle in international law, following the Nueremberg trials, that anyone who has knowledge about gross violations of human rights, has the DUTY to disobey orders and to act according to his conscience. That's exactly what Dr. Dhafir has done." Adriaensens also says that he sees what is happening to Dhafir as the US government beginning to re-write the history of the sanctions, I agree. As a person thoroughly familiar with the sanctions against the Iraqi people (see my writings on economic sanctions in general and the Iraq sanctions in particular on http://www.juscogens.org), I can only admire the determination of US citizens who, despite risks, tried to help people in Iraq through money donations, gifts and moral support. What disturbs me no end, is that no US organisation has actually demanded the prosecution of US leaders who imposed and maintained the deadly embargo for having contributed to the deaths of hundreds of thousands of Iraqis, many of whom children below 5 years of age. Such acts are defined under international customary law as crimes against humanity and should be prosecutable in the U.S. While Saddam Hussein may be rightly charged for various crimes, under international law, it is noteworthy that neither the Security Council of the United Nations, nor the United States, nor the Special Tribunal established in Iraq to try Saddam Hussein, have charged him for the ultimate crime: To cause the deaths of half a million Iraqi children. That none has done so is understandable, because the guilt is borne foremost by U.S. leaders. I believe that Dhafir’s supporters should not content themselves in denouncing the miscarriage of justice against him, but extend their work to demand the prosecution of U.S. leaders and their accomplices for one of the biggest crimes in recent history: The extermination of half a million Iraqis by economic sanctions.

Anybody interested in details is welcome to contact me at edavid@simnet.is

KH: See my article, “Crime of Compassion,” where I address the things that you speak of. A major part of the problem is that most Americans have no clue about what was being done in their name. Also, Dr. Dhafir is the sole honorary member of the Brussels Tribunal Advisory Board, so honored because of his work in getting aid to the starving Iraqi civilian population. Other members of this group include the two UN members, Denis Halliday and Hans Von Sponeck, who resigned because of the “genocidal” policy of sanctions.

Dirk Adriaensens of the Executive Committee of the Brussels Tribunal says of Dr. Dhafir: “It is a common principle in international law, following the Nueremberg trials, that anyone who has knowledge about gross violations of human rights, has the DUTY to disobey orders and to act according to his conscience. That’s exactly what Dr. Dhafir has done.” Adriaensens also says that he sees what is happening to Dhafir as the US government beginning to re-write the history of the sanctions, I agree.

]]> By: Gale McGovern http://www.dhafirtrial.net/2005/10/19/response-to-requests-for-information-about-why-i-believe-the-governments-case-against-rafil-dhafir-was-not-prove/comment-page-1/#comment-592 Gale McGovern Tue, 25 Oct 2005 02:47:17 +0000 http://www.dhafirtrial.net/?p=169#comment-592 Katherine-- I am eagerly awaiting the continuation of your review. What you're doing is so important. The first part is lucid. I wonder that Americans have such a vague understanding of our legal system! Do they not know that secret courts, torture, and other violations don't go with a fair trial? Habeas corpus, the right not to self-incriminate, to confront one's accuser, a speedy trial, evidentiary rules that are reasonable and fair, the right to a lawyer - all these are essential if there is to be anything like fairness. As you mentioned in your review, the whole plea-bargain system, which is the oil that runs the criminal justice system in this country, does not provide a fair and honest trial. Sometimes I think that the whole idea of adversary justice makes justice impossible to achieve. One always comes down to human nature, and the vastness of the government's resources. Personally I've never been tried for anything beyond a protest demonstration, and I've never been in the intolerable position of trying to guess whether I dare risk a trial, or should sign a confession to a "lesser" charge - lesser than the highest charge the prosecution has threatened me with, but far greater than an innocent person's actions. I believe Dr. Dhafir is a victim of this government's arrogance, and of the criminal justice system's need to perpetuate its power by abusing that power. He is obviously in the sights of George Bush's neocons and their cronies. Just think: what will happen if Dr. Dhafir's appeal gets to a Supreme Court Justice Harriet Miers? Can we imagine fairness as an outcome? And the only thing we can do is keep struggling, knowing that it's a long fight. Katherine–
I am eagerly awaiting the continuation of your review. What you’re doing is so important. The first part is lucid. I wonder that Americans have such a vague understanding of our legal system! Do they not know that secret courts, torture, and other violations don’t go with a fair trial? Habeas corpus, the right not to self-incriminate, to confront one’s accuser, a speedy trial, evidentiary rules that are reasonable and fair, the right to a lawyer – all these are essential if there is to be anything like fairness.

As you mentioned in your review, the whole plea-bargain system, which is the oil that runs the criminal justice system in this country, does not provide a fair and honest trial.

Sometimes I think that the whole idea of adversary justice makes justice impossible to achieve. One always comes down to human nature, and the vastness of the government’s resources. Personally I’ve never been tried for anything beyond a protest demonstration, and I’ve never been in the intolerable position of trying to guess whether I dare risk a trial, or should sign a confession to a “lesser” charge – lesser than the highest charge the prosecution has threatened me with, but far greater than an innocent person’s actions.

I believe Dr. Dhafir is a victim of this government’s arrogance, and of the criminal justice system’s need to perpetuate its power by abusing that power. He is obviously in the sights of George Bush’s neocons and their cronies. Just think: what will happen if Dr. Dhafir’s appeal gets to a Supreme Court Justice Harriet Miers? Can we imagine fairness as an outcome?

And the only thing we can do is keep struggling, knowing that it’s a long fight.

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