Marijonas Vilkelis-Curas
& Toola Andrianopoulos
58 Bridge Street,
N. Lismore,
NSW 2480
Australia
0266222517
November 26 2006

The Prosecutor
INTERNATIONAL CRIMINAL COURT
Maanweg 174 – 2516 AB
The Hague
Netherlands.
Your Reference: OTP-CR-222/03
Dear Sir,
My last communication with your office was February 24 2004. In this letter I reiterated my earlier communication of May 16 2003 in which I filed a complaint against the Australian government’s complicity in War Crimes and Crimes Against Humanity primarily committed by the US in its illegal war upon the sovereign state of Iraq.
I am aware from your communication of June 22 2004 that you are extremely busy with other communications and that you will respond with an analysis of the material I supplied you in the above matter.
I assume you are aware of the British medical journal, The Lancet’s recent publication that according to its (fully scrutinized) survey, there have been in the vicinity of 650,000 Iraqi civilian deaths since the beginning of hostilities by the Coalition Of The Willing.
There have been approximately 44 months of hostilities by the coalition forces. In average figures, close to 15,000 people died each month. There are around 29 months since your last communication with me. This converts to around 450,000 deaths in that time. This is not taking into account the maimed and the general destruction of essential infrastructure.
I am confident that although the US is not a signatory of the Rome Statutes and cannot easily be stopped in its hostilities directly, the investigation and possible prosecution by the ICC of one of its most eager and enthusiastic supporters, the current Australian government, would bring sufficient international admonishment and shame upon the US and lead to a cessation of hostilities and a much earlier withdrawal of its military from Iraq.
At the very least, an ICC investigation into Australia’s complicity would significantly restore some international community confidence that the UN was not turning its back on this utterly disgraceful and criminal atrocity. We cannot allow the Coalition OF The Willing to freely walk away from the obscenity it has created in Iraq. Justice must be sought and implemented. The world repugnance of this affair is great enough, that if the ICC remains silent or acts leniently or indifferently against the perpetrators, hope, the sense of human dignity and human righteousness will be driven to extinction and consequently Western civilization will disintegrate.
As the judicial arm of the UN, the ICC’s open investigation into this matter is essential to restore confidence into the international community. This is besides the expression of justice and solidarity to the Iraqi nation. And besides the shame and disgrace such an investigation would bring upon all the nations which were one way or another drawn into participation and complicity with illegal, immoral and potentially criminal US aggression.
Besides the outright crime of invading a sovereign nation, the revelations of criminality in issues like US administration authorized and systematic torture, the use of barbaric illegal weapons such as DU and White Phosphorus, the massacres of thousands of civilians by way of collective punishment, etc, cannot be ignored by the UN. If such brazen criminality is not addressed, no international community trust of the UN can remain.
The severity and regularity of this criminality warrants the ICC to prioritize its action against the complicit members of the Coalition Of The Willing.
Myself and other concerned Australians have so far been unable to find any legal specialists prepared to undertake prosecution proceedings against government members with the reciprocal Statutes Of Rome instituted in Australian Law. If you can advise us of such specialists, we will attempt to begin proceedings within Australia.
Yours Sincerely,
Marijonas Vilkelis-Curas
Toola Andrianopoulos

                                                                                    Mr. Marijonas Vilkelis-Curas

                                                                                     58 Bridge street,

                                                                                     N. Lismore.

                                                                                     NSW 2480

                                                                                    Australia

 

                                                                                    February 23 2004

The Prosecutor

International Criminal Court

Maanweg 174 – 2516 AB

The Hague

The Netherlands.

 

Dear Sir,

                        Re: DCS/ 0290 /sl

                               File No; LASS

 

I write in support of my letter dated 16 May 2003 by which I lodged a complaint of Crimes Against Humanity and War Crimes against the Australian government for its complicity in the military assault and occupation of the sovereign state of Iraq.

 

I strongly emphasise that although there has been a passing of time, and military hostilities by the Coalition Of The Willing have somewhat diminished, the crimes committed by this coalition must still be processed and punished by the world community. Many thousands of innocent people have been killed and many more thousands have been maimed as a result of the international lawlessness and recklessness of Australia’s participation in this blatant US war of aggression. 

 

Human dignity of the international community will be irreversibly damaged if the ICC or other judicial system does not act on behalf of justice. This unjustified war of aggression by the US and its supporters will set precedents for more such recklessness if it is not addressed by the ICC.

 

Please inform me if I can facilitate this proceeding in any way.

 

Yours in Truth,

 

Marijonas Vilkelis-Curas



(The document below was filed by a number of Australian citizens on May 16 2003. It was subsequently receipted by the ICC and is now awaiting the prosecutor's assessment.)


A DOSSIER OF CRIMES AGAINST HUMANITY COMMITTED BY THE AUSTRALIAN GOVERNMENT AND THE AUSTRALIAN MILITARY. - By Marijonas Vilkelis.(Ref: Prof. Francis Boyle)

 

We as a group of concerned Australian  citizens, are directed by our consciences to petition the International Criminal Court (ICC) to initiate indictment and prosecution proceedings against leading Australian  government officials and leading public servants with charges involving Crimes Against Humanity and War Crimes

 

In a chain of command, the Prime Minister John Howard, Governor General Peter Hollingsworth, Defence Minister Robert Hill, Foreign Minister Alexander Downer, General Military Chief of Staff Peter Cosgrove and other high command members of the Australian military establishment all conspired and acted in collusion with the United States and Great Britain to wage a brutal and criminal war of aggression against Iraq and its people without UN Security Council approval and with unsubstantiated and often fabricated accusations, on March 20 2003.

 

Hereinafter, these individuals will be collectively referred to as the Defendants.

 

THE CHARGES

 

The international crimes that have been committed by these Defendants consist principally of the three Nuremberg Offences: the Nuremberg Crime Against Peace that is waging an aggressive war and a war in violation of international treaties and agreements; Nuremberg Crimes Against Humanity; and Nuremberg War Crimes. In addition, these Defendants also committed grievous war crimes by wantonly violating the Hague Regulations on Land Warfare of 1907; the Declaration of London on Sea Warfare of 1909; the Hague Draft Rules of Aerial Warfare of 1923; the Four Geneva Conventions of 1949 and their two Additional Protocols of 1977; and the international crimes of Genocide against the People of Iraq as defined by the International Convention on the Prevention and Punishment of the Crimes of Genocide of 1948.

 

 

UNIVERSAL JURISDICTION

 

These international crimes create personal criminal responsibility on the part of all these Defendants that warrant their prosecution under basic norms of customary international  law, treaties, and statutes in any state of the world community that obtains jurisdiction over them for the rest of their lives. We believe that the ICC will produce a Judgment that can be put into the hands of every government in the world with no injunction that should any of these Defendants ever appear within their territorial jurisdiction, they must be apprehended and prosecuted for the commission of the specified international crimes. Should the currently sitting Australian government Defendants still be in power at the time of the ICC’s judgement, their arrest and prosecution should be executed  by civil authorities.

 

 

 

THE BUSH ADMINISTRATION, WITH  THEIR  COALITION PARTNERS (“COALITION OF THE WILLING”), CIRCUMVENTED AND VIOLATED CHAPTER VI OF THE UN CHARTER

 

 

In their determination to wage war against Iraq, the Bush administration with their coalition partners  bypassed  Chapter VI of the U.N. Charter that mandates the specific settlement of international  disputes. The Bush Administration consistently rejected, subverted  and ridiculed all of Iraq's efforts to fulfill the demands made by UN Weapon Inspectors and to negotiate a peaceful resolution of the dispute.

 

Chief UN Weapons Inspector Hans Blix, has reported that the US administration  undermined the inspection teams efforts. http://news.bbc.co.uk/1/hi/world/americas/2966639.stm

 

This Bush administration and their coalition partners activity led the violation of the solemn obligation mandating the peaceful resolution of international  disputes found in article 2, paragraph 3 of the United Nations Charter; in article 33, paragraph 1 of the United Nations Charter; and in article 2 of the Kellogg-Briand Pact of 1928. In similarity   to the Nazi war criminals before them, the Bush Administration pursued recourse to war as an instrument of its national policy and for the solution of international controversies in violation of article 1 of the Kellogg-Briand Pact. Similarly  as the Nazi war criminals did by invading Poland in September of 1939, the Bush Administration and their Coalition Of The Willing perpetrated  a Nuremberg Crime Against Peace in their mutual acton to a) wage war against Iraq, b)to kill  or otherwise displace the leadership of Iraq’s Sovereign government and c) to seize and steal Iraq’s oil resources. Having invaded Iraq, they allowed and in many cases encouraged the destruction, arson and looting of Iraq’s national treasures such as its Museum and also of government ministries  excepting the Ministry  of Oil and the Ministry  of  Internal Security.

 

 

 

THE DEFENDANTS IN COMPLICITY WITH THE US HAVE CORRUPTED THE UN

 

The US Bush administration strategically and repeatedly coerced the members of the United Nations Security Council in an attempt to obtain a resolution endorsing a US led attack on Iraq. In an attempt to secure sufficient votes in the Security Council, the Bush administration fabricated and otherwise presented false evidence that Iraq was breaching UN resolutions forbidding the development of weapons of mass destruction.  Having failed to prove these falsifications, the US paid multi-billion-dollar bribes; threatened and carried out economic retaliation; illegally  forgave multi-billion-dollar loans; offered  facilitation for membership in NATO; and in other ways attempted to corruptly exact votes. Were it not for the largely ethical stand against this attempt made by France, Russia and Germany, the Bush administration’s tactics may well have succeeded.

This illegal US activity subverted and perverted the very Purposes and Principles of the United Nations Charter itself found in articles 1 and 2 thereof.  Further, having contemptuously waged war after failing to obtain a Security Council resolution to do so, the US has corrupted the integrity of the UN and has therefore destabilized  confidence in international  law and convention.

 

By assisting the US to wage war, especially when all the accusations against Iraq were unproven or shown to be false, the Defendants have afflicted Australia with complicity in an illegal and criminal war and in the corruption of the UN and international good will.

 

 

In the brief space of this dossier, it is impractical for us to adequately describe all of the atrocities and war crimes that were committed by the Bush Administration and their coalition partners during the course of their actual conduct of military hostilities against the People and State of Iraq which proceeds to this day. These matters can be covered in greater detail  should the ICC make a request for a public investigation into the extent of death, injury, maiming and general damage resulting from the invasion upon Iraq. Nonetheless, we will provide the ICC here with a general account of the major categories of war crimes committed by the Bush Administration and their coalition Defendants during the course of their war against Iraq.

 

We make emphasis that since the war was not sanctioned by the UN and was illegal from all perspectives in the first place, any amount of death (single or multiple), maiming and damage that occurred from the invasion, be it inflicted upon civilians, government members, or the military, amounted to war crimes against humanity. Compensation and reparation to the Iraqi people should be charged against the US and their Coalition Partners.

 

THE INVASION

 

The invasion of Iraq began at approximately 1PM (Australian) E.S.T. March  20, 2003 with a systematic aerial and missile bombardment of numerous targets in Iraq and a simultaneous mobilization of ground forces from various positions surrounding Iraq. It met with little effective resistance from the Iraqi military. Iraq was basically defenseless against the might and technology of the US military which has attacked and otherwise harassed the Iraqi nation on thousands of occasions since the first gulf war in 1991.

 

Guided missiles and penetration bombs were launched in an attempt to kill President Saddam Hussein and his leading administration.

 

The use of illegal Cluster bombs was witnessed in numerous locations. In Hilla on April 2 2003, 80 kilometers south of Baghdad for example, at least 61 civilians were killed and at least 450 injured reportedly  due to cluster bombs.

 

Robert Fisk, a Western journalist stationed in Iraq throughout the entire war reported  conclusive evidence of American made missile parts scattered at sites involving numerous civilian casualties.

http://argument.independent.co.uk/commentators/story.jsp?story=395416

http://atimes.com/atimes/Middle_East/ED04Ak07.html

 

Robert Fisk also reported witnessing Depleted Uranium (DU) munitions being used to destroy  civil structures within the heart of Baghdad.  These  DU munitions which were used  by the US in the first Gulf War against  Iraq, as well as in Kosovo and in Afghanistan, are reported  by numerous scientific investigators and experts to be responsible for causing death and serious radiation related disease  to numerous people living in the vicinity of DU use, for many years after its use.

http://argument.independent.co.uk/commentators/story.jsp?story=395416

 

Major Doug Rokke, a former scientific DU expert with the US military has proclaimed the use of DU a War Crime.

http://www.freerepublic.com/forum/a3a76f3922528.htm

 

 

The net effect of these procedures is the  summary execution and indiscriminate corporal punishment of men, women and children, young and old, rich and poor, of all nationalities and religions.  The actual number of civilian deaths and casualties reported by the US military cannot be trusted.  But independent figures indicate that as a direct result of the attack upon Iraq, at least 2,300 civilian men, women and children were killed.  There are substantiated reports of numerous incidences where US soldiers were seen firing on civilians, their homes and on civilian transport  systems.

 

We refer also to a number of Iraqi civilians as witnesses. These civilians have begun proceedings in Brussels against General Tommy Franks, chief of the US military invasion force, for his military having fired upon, killed and maimed scores of defenseless Iraqi civilians throughout the campaign.

http://www.washtimes.com/national/20030428-12027619.htm

 

The number of Iraqi military death remains a secret coveted by the Bush administration  and their Coalition partners.

 

Since this war was illegal, all civilian and military deaths, casualties and damage are the crimes of the Bush administration and their Coalition.

 

The United States government has successfully carried out its long-standing threat and war plan to seize and steal the oil resources of the Persian Gulf for its own benefit. The United States now directly controls the natural energy resources that fuel the economies of Europe and Japan. Acting with their de facto allies Australia and Great Britain, the Bush Administration are today consolidating their control over the entire Middle East in a blatant bid to establish worldwide hegemony.

 

The Australian Defendants’  participation aided and abetted the criminal activities of the Bush Administration and consequently their complicity in the crimes committed may be deemed equal  to that of the main and leading perpetrator the United States.