CONGRATULATIONS PRESIDENT OBAMA

CONGRATULATIONS PRESIDENT OBAMA

Dear Mr President,

                       As a duly elected President of the United States of America, you are 101% sure to be inaugurated as the 44th US president on Jan 20, 2009. Contrary to your condition, our BURMA’S Daw Aung San Suu Kyi was elected as a winner in the election in 1990 but she is still under house arrest for nearly two decades.

Please kindly help her release by declaring the SPDC Generals as Human Rights criminals and push for the International arrest warrant.

Please read my following article, which could be used as a rough guide-line for the appropriate action to be  taken for the prosecute the Myanmar generals.

Thanking Your Honour

Yours Humbly

 

Dr San Oo Aung

Democrat candidate Barack Obama has been elected as the United States first black president following his historic win over his Republican rival John McCain.

american presidential election barack obama versus john mccainThe 47-year-old father of two, who will be inaugurated as the 44th US president on Jan 20, 2009,

Ban Ki-moon, Al Capone, Yamashita and Than Shwe

 

Actually they are_

UN Secretary-General Ban Ki-moon,

American train and bank robber Al Capone,

Japanese General Tomoyuki Yamashita,

SPDC Than Shwe

 

UNSG should look at how the ‘FBI’ snatch Al Capone with a minor offence because it was difficult to get evidence for more serious crimes he had committed. UNSG should follow that example case and apply Yamashita standard of accountability or responsibility to the generals for the crime committed by their soldiers, to coerce or threaten or force the SPDC generals to come to the negotiation table and start a meaningful dialogue  with Daw Aung San Suu Kyi led opposition. 

 

UNSG must coerce SPDC to abide by its orders with the threat of prosecution at ICC. UN should discard the normal diplomatic, polite, respect and requests SPDC as equal partner for negotiation. UNSG must pressurize SPDC to release all political prisoners and demand to negotiate to get tangible results within a stipulated short time.

 

SPDC Generals never care for justice, fair play, diplomacy or rule of law. They only recognized the power of military might and bullying using cohort neighbours and friends.

 

1. Alphonse Gabriel “Al” Capone (January 17, 1899 – January 25, 1947), commonly nicknamed Scarface, was an Italian American gangster who led a crime syndicate.

Capone’s criminal career ended in 1931, when he was indicted and convicted by the federal government for income tax evasion.

 

Command responsibility

2. Command responsibility, sometimes referred to as the Yamashita standard or the Medina standard, is the doctrine of hierarchical accountability in cases of war crimes.

The doctrine of “command responsibility” was established by the Hague Conventions IV (1907) and X (1907) and applied for the first time by the German Supreme Court in Leipzig after World War I, in the trial of Emil Muller.

The “Yamashita standard” is based upon the precedent set by the United States Supreme Court in the case of Japanese General Tomoyuki Yamashita. He was prosecuted, in a still controversial trial, for atrocities committed by troops under his command in the Philippines. Yamashita was charged with “unlawfully disregarding and failing to discharge his duty as a commander to control the acts of members of his command by permitting them to commit war crimes.”

The “Medina standard” is based upon the prosecution of US Army Captain Ernest Medina in connection with the My Lai Massacre during the Vietnam War. It holds that a commanding officer, being aware of a human rights violation or a war crime, will be held criminally liable when he does not take action. (Medina was, however, acquitted of all charges.)

ICC = International Criminal Court = Permanent judicial body established by the Rome Statute of the International Criminal Court (1998) to prosecute individuals accused of genocide, war crimes, and crimes against humanity. The court commenced operations on July 1, 2002; after the requisite number of countries (60) ratified the Rome Statute (some 140 countries signed the agreement). The ICC was established as a court of last resort to prosecute the most heinous offenses in cases where national courts fail to act. It is headquartered in The Hague.

Former UN Envoy to Myanmar Tan Sri Razali Ismail’s recent comments sealed the hope of persuading the SPDC Generals in a soft approach. He said, “The belief that constructive engagement with Myanmar was working was an illusion. Many people knew that the constructive engagement was not constructive because there was very little engagement.

Malaysian PM Datuk Seri Abdullah Ahmad Badawi also acknowledged the failure of  ASEAN’s constructive engagement. He said, “The crackdown on protests in Myanmar shows that Asean’s constructive engagement with the military government of that country has failed.” He acknowledged that the statement from Asean (Association of South-East Asian Nations), which expressed revulsion over the violent force used against the demonstrators, was unprecedented because of its bluntness.

The military junta thought that they would be able to avoid prosecution by the UN, for their heinous actions because they believe that the UN is toothless, powerless and mandate-less, thanks to their veto wielding friends in UNSC.

UNSG is presently planning to pressure Myanmar SPDC Generals. Any UNSC resolution would be vetoed by the Russians and Chinese, by giving the excuse that they do not feel Myanmar, as a threat in the region and UNSC is not the proper forum or place to discuss Burma/Myanmar issue. As they are holding the veto power, there is no use to argue or reason with them any more.  Therefore, instead of initiating a renewed attack at UNSC, we all need to request them to support the new resolution of UNSC to submit or propose the (ICC) International Criminal Court to accept the complaints about the accusations of alleged attempted Genocide, Crimes against Humanity and Ethnic Cleansing cases. ICC Prosecutor needs to investigate, start a prosecution and prepare for trial proceedings.

There are more than enough evidences for the indictment of SPDC Generals with Genocide and Crimes against Humanity.

Depayin massacre alone could be enough for preliminary indictment. If combined with the atrocities in the ethnic minority areas and their religious persecutions, our indictments would strongly stand as the castle built on solid rock. SPDC Generals could not have any solid ground of defense and their defense would collapse like a hut built on quick sand.

If Russia and China are still opposing the above proposal, please kindly bring those Criminal SPDC Junta to the International Criminal Court for cold blooded killing of the Japanese photo-video Journalist.

We need to remind Russia, China and ASEAN  that according to the International Laws, local laws and Common Laws, the persons who protect the criminals or cover-up the crime are also guilty of committing an offence.

Footage capturing the last, terrible seconds of Kenji Nagai’s life has been aired on Japanese television – horrifying a nation and realising the truth that the 50-year old photo-journalist was murdered by Burmese troops. A doctor at the Japanese embassy in Burma confirmed a bullet entered Nagai’s body from the lower right side of his chest, pierced his heart and exited from his back. The footage, say Japanese experts, squarely contradicts the official Burmese explanation of Nagai’s death – that he was killed by a “stray bullet”.

After the incriminating video-proof surfaced, now the SPDC is trying to give excuse like a common criminal, they officially change the shooting to an accident. What did SPDC mean? The SPDC soldiers were trigger happy and are ordered to freely shoot
Myanmar citizens but they thought that the Japanese photo-journalist was a local Burmese Chinese? Even if the victim in the shooting video was not a foreigner but local
Myanmar citizen, it is still a crime to kill an unarmed civilian without provocation. SPDC Generals and especially Senior General Than Shwe is responsible to answer and clarify at the ICC. And the arresting of the local journalists, cutting off the phone lines and internet are also clear case of trying to cover-up their crimes. Searching and confiscation of the cameras and hand phones capable of taking pictures is also part of the cover-up scheme. This is the typical scenario of committing the Eighth Stage of Genocide, cover-up and denial.

According to the unconfirmed reports, up to 8,000 people may have been rounded up around Yangon. This could not be independently confirmed but dissident groups have said that up to 6,000 people have been arrested since troops put down the uprising on Sept. 26 and 27 when they opened fire on crowds.

The government says 10 people were killed but others say up to 200 people died in the crackdown on demonstrators who were largely led by Buddhist monks. Part of the proof is already in the photographs and videos came out from Burma and splashed in all the media worldwide. The whole SPDC from the Senior General Than Shwe to the soldiers who had done the shootings are all equally guilty of this killing.

The “soldier” who shot Kenji Nagai was curiously wearing the slippers. May be there is some truth in the repeated rumors that SPDC officers trained the convicted criminals to shoot the rifles (or semi-automatic machine guns) and given the stimulants like Amphetamines or Ecstasy pills to commit the atrocities like killing the monks and civilians. There are also repetitive reports that the SPDC soldiers are given the same stimulants like Amphetamines or Ecstasy pills to commit raping of ethnic minorities. I think this is the first time our world had witness a regular government soldier without boots. If that is true, the one who ordered or give the command would be more guilty then the actual perpetrators. This is a very important point to remind our prosecutors at ICC. Japan is demanding Myanmar to punish those who are responsible for shooting dead a Japanese journalist, Kenji Nagai, 50, a video-journalist for Tokyo-based APF News,  in a bloody crackdown on anti-government protests, newspapers said yesterday.

How cases reach the ICC

There are four methods by which a case may reach the ICC:

The three-judge panel authorizes a case initiated by the ICC Prosecutor.

We just need to push international community to start a trial of these SPDC leaders, cohorts and supporters. Even if we could obtain the International Warrants of Arrest for the SPDC Generals, their mobility would be restricted and they may even scared of venturing into the International Air space on the way to their friendly countries. And it may be a major moral boost for all of us fighting for democracy and may be a very severe blow morally and physically to SPDC Generals and their soothers, ASEAN, Thailand, China, India,
Russia, and North Korea etc.

We are glad to present a very important point of International Law that at the International Court of Justice an optional protocol that allows individuals who have had their rights violated by member states to petition the international Human Rights Committee.The following parties could file their cases:

1.       States

2.       International organizations are usually the only ones with standing to address a violation of international law, some treaties, such as the International Covenant on Civil and Political Rights

3.       But there have an optional protocol that allows individuals who have had their rights violated by member states to petition the international Human Rights Committee.

Therefore, I strongly believe that there are more than enough evidences for the indictment of SPDC Generals with Genocide and Crimes against Humanity.

 Facts from wikipedia

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