KLFCW Magazine Vol. 1 No. 1

“

war makes beasts of ordinary men and women. the cruelties perpetrated are beyond imagination.

”

Tun Dr Mahathir Mohamad, Malaysia’s Fourth Prime Minister Founder & Chairman of Kuala Lumpur Foundation to Criminalise War (KLFCW) NOVEMBER 2012 CRIMINALISE WAR

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Criminalise War, Energise Peace.

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Publisher KUALA LUMPUR FOUNDATION TO CRIMINALISE WAR 2ND FLOOR, NO 88, JALAN PERDANA, TAMAN TASEK PERDANA 50480 KUALA LUMPUR Tel: 603 78651461/ 603 2092 7212 / 603 2092 7210 Fax: 603 2273 2212 Email: admin@criminalisewar.org Website: www.criminalisewar.org Editorial Advisors Che Kamaliah Endud - Principal, Tunku Kurshiah College Dato’ Freida Pilus - Advisor to the Minister of Education Editor G.S.KUMAR Editorial Board ZUHRA RAFIKOVA NUR QISTINA GANDING AAZRAA ALA MERICAN

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FOREWORD BY FOUNDER/CHAIRMAN

ankind face many challenges, among them economic turmoil, political VQIFBWBMT OBUVSBM EJTBTUFST BOE NBO made disasters. Of these the desire to wage war as a solution to conflicts is the most EFTUSVDUJWF JO UFSNT PG MJGF BOE QSPQFSUZ

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8F IBWF CFFO UISPVHI UXP 8PSME 8BST XJUI UIF MPTT PG NJMMJPO MJWFT BOE USJMMJPOT PG EPMMBST JO EFTUSVDUJPO to property. The wars were meant to end wars for the settlement of conflicts. But we see the powerful nations TUJMM SFTPSUJOH UP XBST JO PSEFS UP BDIJFWF IFHFNPOZ PWFS UIF XPSME 6OGPSUVOBUFMZ UIF WJDUJNT BSF VTVBMMZ the militarily weak countries. In their effort to defend UIFNTFMWFT UIPTF DPVOUSJFT BOE QFPQMF IBWF SFTPSUFE UP OPO DPOWFOUJPOBM XBST XIJDI NBLF UIF XPSME MFTT TBGF GPS FWFSZPOF

This penchant for wars is characteristic of the powerful nations. They would resort to wars simply because UIFZ CFMJFWF UIFZ XPVME BDIJFWF WJDUPSZ FWFSZ UJNF #VU UIFZ IBWF OPU SFBMMZ XPO "MM UIBU IBQQFOT JT NPSF SFUBMJBUJPO CZ UIFJS WJDUJNT XIJDI VOGPSUVOBUFMZ DBO CF indiscriminate.

*O UIF PME EBZT XBST DPVME DBVTF DPNQBSBUJWFMZ MJUUMF EBNBHF 5IF OVNCFST LJMMFE XPVME BMTP CF SFMBUJWFMZ small. But the weapons of today are horrendous. The EFTUSVDUJPO JT NBTTJWF 8IPMF UPXOT BOE QPQVMBUJPO JO the hundreds of thousands can literally be wiped out in TFDPOET *OEFFE TPNF PG UIF OVDMFBS QPXFST IBWF UIF DBQBDJUZ UP EFTUSPZ UIF XIPMF IVNBO SBDF &WFO UIF TP DBMMFE DPOWFOUJPOBM XFBQPOT DBO LJMM BOE EFTUSPZ XIPMF nations.

4 CRIMINALISE WAR NOVEMBER 2012

hope... to make more “ We people, especially the young who will be used as cannon fodder, understand the criminality of war and the need to outlaw it.

�

I abhor war because it is about killing people, mostly innocent people. We regard the killing of one man as murder. But we still regard the killings of thousands PS FWFO NJMMJPOT JO XBS BT MFHJUJNBUF 5IF LJMMFST BSF actually regarded as heroes. This cannot be right.

We need to regard those people who send soldiers to kill people as war criminals.

*U JT GPS UIFTF BOE NBOZ PUIFS SFBTPOT UIBU XF IBWF MBVODIFE B DBNQBJHO UP NBLF XBS B DSJNF BOE UP QVOJTI UIPTF XIP NBLF XBS FYDFQU EFGFOTJWF XBST *O GVSUIFSBODF PG UIJT DBNQBJHO XF BSF QVCMJTIJOH B NBHB[JOF EFWPUFE UP the effort to Criminalise Wars. We hope through this to make more people, especially the young who will be used as cannon fodder, understand the criminality of war and the need to outlaw it.

We must inculcate an anti-war culture which places a premium on peaceful solutions to conflicts. We must make war NPSBMMZ XSPOH 8BS JT QSJNJUJWF *U JT UIF CBSCBSJBOT XBZ PG BDIJFWJOH TVDDFTT *U IBT OP QMBDF JO B NPEFSO DJWJMJTBUJPO 8BS NBJNT BOE EFTUSPZT OBUVSF T HJGUT UP VT BOE MFBWFT FWFSZUIJOH CBSSFO 5IPTF XIP XBHF XBS BSF OP CFUUFS UIBO CBSCBSJBOT BOE UIFZ NVTU CF DPOEFNOFE BT DSJNJOBMT XPSUIZ PG UIF NPTU TFWFSF QVOJTINFOU

The KLFCW is an institution that seeks to make war a crime. It has to date conducted two separate Tribunal hearings UIBU IBWF GPVOE GPSNFS MFBEFST PG UIF 6OJUFE 4UBUFT BOE #SJUBJO HVJMUZ PG DSJNFT BHBJOTU IVNBOJUZ 4PNF IBWF GPVOE GBVMU XJUI UIF 5SJCVOBMT XPSL BOE JUT WFSZ DPNQPTJUJPO 4PNF BUUBDLT IBWF CFFO QFSTPOBM CVU PVS SFTPMWF JT UIFSF /FWFS CFGPSF IBT B DPVOUSZ UIBU XBT OPU UIF WJDUPS OPS EJSFDUMZ JOWPMWFE JO BO BSNFE DPOþJDU JOTUJUVUFE such proceedings. This is something that the big powers find difficult to accept. But we will continue with our slow BOE QBJOTUBLJOH JOWFTUJHBUJPOT BOE SFTFBSDI JOUP WBSJPVT DSJNFT DPNNJUUFE BHBJOTU IVNBOJUZ JO XBST 0VS SFTPMWF SFNBJOT TUSPOH BT NBOZ WJDUJNT IBWF XSJUUFO UP VT TFFLJOH IFMQ TFFLJOH KVTUJDF

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56/ %3 .")"5)*3 .0)"."% Founder & Chairman of Kuala Lumpur Foundation to Criminalise War

NOVEMBER 2012 CRIMINALISE WAR

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FROM THE DESK OF THE SECRETARY GENERAL

he inaugural issue of Criminalise War HJWFT NF B HSFBU TFOTF PG TBUJTGBDUJPO as it is the start of the mission to reach out to the people of Malaysia, especially the youngsters. For so long the Kuala Lumpur Foundation to Criminlaise War Inc existed without much publicity or fanfare. We merely carried out our stated functions.

T

8F OFWFS FOWJTBHFE IBWJOH TVDI BO PGýDJBM QVCMJDBUJPO )PXFWFS XIFO UIF NFSJUT PG UIJT CFDBNF BQQBSFOU BOE XJUI UIF CMFTTJOHT PG PVS GPVOEFS XF IBWF HPOF BIFBE /PX MJF UIF IBSEFS UBTLT 8F IBWF UP CF WFSZ GPDVTFE JO PVS NFTTBHF UP UIF SFBEFST 8F IBWF UP CF TFMFDUJWF JO PVS BSUJDMFT XF IBWF UP HFOFSBUF FOPVHI JOUFSFTU BOE participation for this publication to be successful.

Success comes when the younger people of our country, initially, accept that war is not the answer to any DPOþJDU 8BS JT EFTUSVDUJWF BOE OFWFS TFUUMFT BOZ JTTVFT It is as our founder has repeatedly pointed out, murder.

"OE XIFO ZPV UIJOL PG SFDFOU FWFOUT JO UIJT DFOUVSZ UIF JOWBTJPO BOE EFTUSVDUJPO PG *SBR BOE UIF CPNCJOHT JO Afghanistan, this is nothing short of mass murder. * IBWF FWFSZ DPOýEFODF UIBU UIJT QVCMJDBUJPO XJMM DBSSZ UIJT WJUBM NFTTBHF UP ZPVOH .BMBZTJBOT &WFOUVBMMZ * see a linkage being built with young people in many other countries, where this message of criminalising XBS JT FWFO OPX CFJOH TQSFBE 8JUI TVDI B NPWFNFOU UIFZ NBZ FWFOUVBMMZ CF BCMF UP JOþVFODF UIF QPXFST UIBU CF UP SJE UIFNTFMWFT PG UIF WFTUJHFT PG XBS "SNJFT XJMM CFDPNF OP MPOHFS OFDFTTBSZ XFBQPOT XJMM IBWF OP place in society. This is the long term aim of the KLFCW BOE MJLF NJOEFE BHFODJFT UIF XPSME PWFS

6 CRIMINALISE WAR NOVEMBER 2012

We need the support and goodwill of all people to carry PVU PVS QSPKFDUT 8IJMF XF IBWF CFFO GPSUVOBUF UP IBWF supporters, there will always be a need to widen the pool of those in tune with us.

Plans and action need time and leadership. A measure of success can only be claimed when Malaysians BDDFQU UIBU XBS JT DSJNJOBM BOE UIBU XF TIPVME OFWFS CF BHHSFTTPST 8F TIPVME OFWFS TUBSU B TLJSNJTI PS DBVTF UIF MPTT PG MJWFT 5IF ,-'$8 IBT TVDDFFEFE JO CSJOHJOH KVTUJDF FWFO JG JU XBT POMZ EFDMBSBUPSZ UP TPNF XBS WJDUJNT 5IF message is slowly spreading around the globe. We IBWF B 5SJCVOBM PG DPOTDJFODF UIBU IBT QSPOPVODFE JUT WFSEJDU PG HVJMU PO TFWFSBM JNQPSUBOU GPSNFS MFBEFST PG the western world.

The official publication, Criminalise War XJMM QSPWJEF B WFIJDMF GPS WJDUJNT UP UFMM UIF XPSME UIFJS QMJHIU *U XJMM BMTP QSPWJEF EFUBJMT PG UIF UXP 5SJCVOBM IFBSJOHT BOE the findings. It will keep readers informed of the many actions and plans that the KLFCW has for the future. For OPX XF BSF QSPVE UIBU XF IBWF UIJT QVCMJDBUJPO

%3 :""$0# )64"*/ .&3*$"/ Secretary General Kuala Lumpur Foundation to Criminalise War Inc

there is a belief that the world would be safe so long as the nuclear powers provide nuclear deterrence. but the nuclear powers have shown that they are the source of military threats and not the nonnuclear powers.

TUN DR MAHATHIR MOHAMAD during the 1st International Conference by Centre for Defence Information Studies (CDIS) in Havana, Cuba on 21 April 2008

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FORMATION OF KLFCW *O UIF 1FSEBOB (MPCBM 1FBDF 0SHBOJ[BUJPO OPX LOPXO BT UIF 1FSEBOB (MPCBM 1FBDF 'PVOEBUJPO 1(1' PG XIJDI )JT &YDFMMFODZ 5VO %S .BIBUIJS .PIBNBE JT UIF $IBJSNBO PSHBOJ[FE UIF ,VBMB -VNQVS (MPCBM 1FBDF 'PSVN

The Forum, held on 14-17 December 2005 at the Putra World Trade Centre (PWTC) Kuala Lumpur was attended CZ NPSF UIBO QFPQMF GSPN BMM UIF ýWF DPOUJOFOUT

6/*5&% in the belief that peace is the essential condition for the TVSWJWBM BOE XFMM CFJOH PG UIF IVNBO SBDF

In his keynote address at the Conference Tun Dr. Mahathir said, inter alia, that –

%&5&3.*/&% UP QSPNPUF QFBDF BOE TBWF TVDDFFEJOH HFOFSBUJPOT from the scourge of war,

“We would like this Conference to be the beginning of a world-wide sustained effort to criminalise war and banish it as an option in the settlement of disputes and conflicts between nations; to recognise and define war as legitimised mass murder, as inhuman and uncivilised. We would like this conference to reject war totally and to accept peace as worthy of being the true expression of the humaneness and nobility of humankind, that peace be the ultimate measure of the level of civilisation humanity should strive for, should attain.�

Tun Dr. Mahathir also said that the “primary purpose of this peace Conference‌ is to initiate and help make effective a sustained campaign against war, a campaign to make the killing of people as a means of solving disputes between nations illegal.â€?

"U UIF 'PSVN XIJDI TQBOOFE PWFS EBZT TFQBSBUF TFTTJPOT BOE JOWPMWJOH NPSF UIBO XFMM LOPXO national and international speakers, the participants issued a historic document known as the 5)& ,6"-" -6.163 */*5*"5*7& 50 $3*.*/"-*4& 8"3

5IBU *OJUJBUJWF SFBET BT GPMMPXT The Kuala Lumpur Global Peace Forum of concerned QFPQMFT GSPN BMM ýWF DPOUJOFOUT BSF

8 CRIMINALISE WAR NOVEMBER 2012

OUTRAGED PWFS UIF GSFRVFOU SFTPSU UP XBS JO UIF TFUUMFNFOU PG disputes between nations, %*4563#&% that militarists are preparing for more wars, 5306#-&% that use of armed force increases insecurity for all, and 5&33*'*&% that the possession of nuclear weapons and the imminent risk of nuclear war will lead to the annihilation of life on earth.

5P BDIJFWF QFBDF XF OPX EFDMBSF UIBU 8BST JODSFBTJOHMZ JOWPMWF UIF LJMMJOH PG JOOPDFOU QFPQMF and are, therefore, abhorrent and criminal. Killings in war are as criminal as the killings within societies in times of peace.

4JODF LJMMJOHT JO QFBDF UJNF BSF TVCKFDU UP UIF EPNFTUJD MBX PG DSJNF LJMMJOHT JO XBS NVTU MJLFXJTF CF TVCKFDU to the international law of crimes. This should be TP JSSFTQFDUJWF PG XIFUIFS UIFTF LJMMJOHT JO XBS BSF BVUIPSJ[FE PS QFSNJUUFE CZ EPNFTUJD MBX All commercial, financial, industrial and scientific BDUJWJUJFT UIBU BJE BOE BCFU XBS TIPVME CF DSJNJOBMJTFE

All national leaders who initiate aggression must CF TVCKFDUFE UP UIF KVSJTEJDUJPO PG UIF *OUFSOBUJPOBM Criminal Court.

"MM OBUJPOT NVTU TUSFOHUIFO UIF SFTPMWF UP BDDFQU UIF purposes and principles of the United Nations Charter and institute methods to settle international disputes by peaceful means and to renounce war.

Armed force shall not be used except when authorised CZ B 3FTPMVUJPO QBTTFE CZ UXP UIJSET NBKPSJUZ PG UIF total membership of the General Assembly of the United Nations.

%BUP .JDIBFM 0, :FPI Mr Matthias Chang %S $IBOESB .V[BGGBS 1SPG 4IBE 4BMFFN 'BSVRJ In the following year (June 2006), the Perdana -FBEFSTIJQ 'PVOEBUJPO PSHBOJ[FE BOPUIFS 1FBDF 'PSVN with a closed door session on the issue of “Criminalise 8BS 4UPQ 8PSME 8BS *7 w BOE TVCTFRVFOUMZ B QBOFM discussion on “Building An Action Plan for the Global Network for Peace.�

"MM MFHJTMBUPST BOE BMM NFNCFST PG (PWFSONFOU NVTU BGýSN UIFJS CFMJFG JO QFBDF BOE QMFEHF UP TUSJWF GPS peace.

In February 2007, the Foundation organised an International Conference and Exhibition, themed “Expose War Crimes, Criminalise War� at the Dewan .FSEFLB 185$ ,VBMB -VNQVS *U XBT BUUFOEFE CZ PWFS QFPQMF GSPN BMM PWFS UIF HMPCF

1PMJUJDBM QBSUJFT BMM PWFS UIF XPSME NVTU JODMVEF QFBDF BT POF PG UIFJS QSJODJQBM PCKFDUJWFT

In his opening speech at this Conference, Tun Dr. Mahathir reminded the participants that –

/PO (PWFSONFOUBM 0SHBOJTBUJPOT DPNNJUUFE UP UIF promotion of peace should be set up in all nations.

It is time we renounce killing masses of people in order to solve international disputes. It is time we renounce WAR! Defensive war would not be necessary in the absence of wars of aggression.

Trillions of dollars would be saved as nations scale down their war machines‌

1VCMJD TFSWBOUT BOE QSPGFTTJPOBMT QBSUJDVMBSMZ JO UIF medical, legal, educational and scientific fields, must QSPNPUF QFBDF BOE DBNQBJHO BDUJWFMZ BHBJOTU XBS 5IF NFEJB NVTU BDUJWFMZ PQQPTF XBS BOE UIF JODJUFNFOU to war and consciously promote the peaceful settlement of international disputes.

Entertainment media must cease to glorify war and WJPMFODF BOE TIPVME JOTUFBE DVMUJWBUF UIF FUIPT PG peace. All religious leaders must condemn war and promote peace.

5P UIFTF FOET UIF 'PSVN SFTPMWFT UP FTUBCMJTI B permanent Secretariat in Kuala Lumpur to: *.1-&.&/5 UIJT *OJUJBUJWF 01104& policies and programmes that incite war, and 4&&, UIF DPPQFSBUJPO PG /(0T XPSMEXJEF UP BDIJFWF UIF HPBMT PG UIJT *OJUJBUJWF 5IF *OJUJBUJWF XBT TJHOFE CZ 5VO %S .BIBUIJS BOE other international personalities, namely: Imam Feisal Abdul Rauf Prof Francis A. Boyle Dr. Helen Caldicott 1SPG .JDIFM $IPTTVEPWTLZ Mr Denis J. Halliday Mr Hans-Christof Von Sponeck %BUP .VLISJ[ .BIBUIJS

Unless war is made illegal the whole world will have to endure an endless state of war between the powerful and the weak. There would be no security for anyone whether involved or not involved. There would be no place in the world that would be safe. Instead of diminishing, instead of peace we are going to see endless escalating wars with ways of killing and destruction we cannot always anticipate or prepare for‌ War is a crime. It is primitive and not in keeping with the stage of our civilisation. It is our bounden duty to make war illegitimate, to make war a crime.�

In one of the sessions at this International Conference, UIF QBSUJDJQBOUT IFBSE B MJWF UFTUJNPOZ CZ "MJ 4IBMBI POF PG UIF WJDUJNT PG UPSUVSF BU "CV (ISBJC 1SJTPO JO *SBR It was at the conclusion of this Conference that a decision was made for the establishment of a formal body in the form of the Kuala Lumpur Foundation to Criminalise War Inc (KLFCW), an entity incorporated under the laws of Malaysia, under which the Kuala Lumpur War Crimes Commission, the Kuala Lumpur War Crimes Tribunal and other supporting Institutions can be legally established and function.

NOVEMBER 2012 CRIMINALISE WAR

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Royal Charity Dinner - a major event organised by KLFCW / PGPF on 13 May 2012

."*/ 0#+&$5*7&4 0' ,-'$8 5IF NBJO PCKFDUJWFT PG UIF 'PVOEBUJPO BT TUBUFE JO JUT Statutes are, inter alia, t

5P VOEFSUBLF BMM OFDFTTBSZ NFBTVSFT BOE JOJUJBUJWFT UP DSJNJOBMJTF XBS BOE FOFSHJTF QFBDF

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5P QSPWJEF SFMJFG BTTJTUBODF BOE TVQQPSU UP JOEJWJEVBMT BOE DPNNVOJUJFT XIP BSF TVGGFSJOH from the effects of war and armed conflict XIFSFWFS PDDVSSJOH BOE XJUIPVU EJTDSJNJOBUJPO PO the grounds of nationality, racial origin, religion, belief, age, gender or other forms of impermissible EJGGFSFOUJBUJPOT

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5P QSPNPUF UIF FEVDBUJPO PG JOEJWJEVBMT BOE communities suffering from the effects of war or BSNFE DPOþJDU

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5P GPTUFS TDIFNFT GPS UIF SFMJFG PG IVNBO TVGGFSJOH PDDBTJPOFE CZ XBS PS BSNFE DPOþJDU

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5P QSPWJEF GPS NFDIBOJTNT PS QSPDFEVSFT JO BUUBJONFOU PG UIF BCPWF QVSQPTFT

On 17th April 2007 and pursuant to the aforesaid PCKFDUJWFT UIF #PBSE PG 5SVTUFFT PG UIF 'PVOEBUJPO inter alia, established the following: 1)

5IF ,VBMB -VNQVS 8BS $SJNFT $PNNJTTJPO, an JOWFTUJHBUJPO CPEZ FNQPXFSFE XJUI KVSJTEJDUJPO UP SFDFJWF BOE JOWFTUJHBUF DPNQMBJOUT GSPN WJDUJNT of wars and armed conflicts in relation to crimes against peace, war crimes, crimes against humanity and other like offences as recognised under International Law.

2)

5IF ,VBMB -VNQVS 8BS $SJNFT 5SJCVOBM, an BEKVEJDBUPSZ CPEZ UP JOWFTUJHBUF BOE EFDJEF PO allegation of any of the aforesaid crimes.

3)

5IF ,VBMB -VNQVS 8BS $SJNFT -FHBM 5FBN, DPOTJTUJOH PG UISFF EJTUJODU EJWJTJPOT OBNFMZ B 5IF 1SPTFDVUJPO %JWJTJPOT QSPTFDVUJOH PGGFOEFST CFGPSF UIF 5SJCVOBM

C 5IF %FGFODF %JWJTJPO QSPWJEJOH MFHBM BJE UP BDDVTFE JG TVDI BJE JT SFRVFTUFE

D 5IF 7JDUJN 6OJU %JWJTJPO MPPLJOH BGUFS UIF JOUFSFTU PG WJDUJNT UIFJS EFQFOEFOUT during the course of the proceedings before the Tribunal).

10 CRIMINALISE WAR NOVEMBER 2012

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A GIANT LEAP FOR JUSTICE

THE MAN WHO HAS TAKEN THE LEAD TO CRIMINALISE WAR

By G.S Kumar

T

he world is slowly but surely taking note of the bold decision taken by the panel of judges at the Kuala Lumpur War Crimes Tribunal (KLWCC) on November 22nd 2011, that returned a verdict of guilty against George W. Bush and Anthony L. Blair, who were tried for Crimes Against Peace in that the accused persons planned, prepared and invaded the sovereign state of Iraq on 19 March 2003 in violation of the United Nations Charter and international law.

12 CRIMINALISE WAR NOVEMBER 2012

This was a trial set in the style and pomp of the International Court, with all proceedings strictly adhering to international rules of justice and fair play. Since the two accused were not present, an amicus curiae * was appointed to provide adequate defence for the accused. Nothing can †‹Â?‹Â?‹•Š –Š‡ Ď?‹Â?†‹Â?‰• ‘ˆ –Š‡ …‘—”–ǥ ‡˜‡Â? –Š‘—‰Š ‹–• Ď?‹Â?†‹Â?‰• ƒ”‡ †‡…Žƒ”ƒ–‘”› ‘ˆ –Š‡ Žƒ™Ǥ Č‹Č— ƒÂ?‹…—• curiae – Latin: friend of the court; is the counsel who assists the court by putting arguments in support of an interest that might not be adequately represented by the parties to the proceedings, or by arguing on behalf of a party who is otherwise unrepresented.)

L to R: Tun Dr Siti Hasmah, Tun Dr Mahathir with Dato’ Dr Yaacob Merican, the Secretary General of the KLFCW

Until now the international community has done nothing to right a terrible wrong. Not even the International Criminal Court (ICC) in The Hague Šƒ• „‡‡Â? ’”‡’ƒ”‡† –‘ Ď?‹Ž‡ …Šƒ”‰‡• ƒ‰ƒ‹Â?•– –Š‡ former president of the United States of America and the former prime minister of Great Britain.

For whatever reason, the ICC and other countries have turned a blind eye to the mass murder of some 1.4 million Iraqis since the invasion began.

In fact the ICC has been approached with more than 240 complaints, but its chief prosecutor, a European, has ruled that the complaints do not Šƒ˜‡ Ç˛Â•Â—ÂˆĎ?‹…‹‡Â?– Â‰Â”ÂƒÂ˜Â‹Â–Â›Çł –‘ Â?‡”‹– ’”‘•‡…—–‹‘Â?Ǥ The ICC was set up under the Rome Statute, a –”‡ƒ–› –Šƒ– Šƒ• „‡‡Â? ”ƒ–‹Ď?‹‡† „› Â?‘•– ‡•–‡”Â? countries except the U.S. The ICC has relied on this fact as grounds for not prosecuting U.S. citizens.

It is noteworthy that the United Nations Security Council (UNSC) has the power to refer a non-signatory to the ICC (as it did with Dafur and Libya). However, due to the tremendous ‹Â?Ď?Ž—‡Â?…‡ –Š‡ Ǥ Ǥ Šƒ• ‹Â? –Š‡ ÇĄ –Š‡ ™‹ŽŽ Â?‘– refer U.S. citizens to the ICC. It was Malaysia that has taken the lead in seeking justice. It took the elder statesman of the country, Tun Dr Mahathir Mohamad to lend his support, encouragement and leadership to convene a Tribunal made up of eminent local and international judges and to ‘„–ƒ‹Â? –Š‹• Ď?Â‹Â”Â•Â–ÇŚÂ‡Â˜Â‡Â” ‰—‹Ž–› ˜‡”†‹…– ƒ‰ƒ‹Â?•– –Š‡ two accused.

Presiding judge, Datuk Abdul Kadir Sulaiman told a packed courthouse that both the accused had acted with deceit, selectively manipulated international law and committed an unlawful act of aggression and an international crime by invading Iraq in 2003. The Tribunal also •—‰‰‡•–‡† –Šƒ– –Š‡ Ď?‹Ž‡ ƒ ”‡’‘”– ™‹–Š the ICC against both the accused under the Nuremberg principles and include reports of genocide and crimes against humanity committed by Bush and Blair. (see story on verdict, page 15) This Tribunal could not have taken place without the support of one man – Tun Dr Mahathir Mohamad. The former premier was ever present at the four day hearings, even waiting for the ’ƒÂ?‡Ž ‘ˆ Œ—†‰‡• –‘ ”‡ƒ…Š –Š‡‹” ˜‡”†‹…– ‘Â? –Š‡ Ď?‹Â?ƒŽ day. Tun Dr Mahathir granted The Globalist an exclusive interview in which he talked about the tribunal, the move to criminalize war and other topics.

Q: Why have you lent your support to this Tribunal?

Tun Dr Mahathir: I cannot understand why when killing one person is considered murder and the perpetrator can be sentenced to death if found guilty, but for people who make decisions to wage war that can lead to the killing of hundreds or even thousands, nothing seems to be done. To me that is wrong. If you kill, that is murder. Whether it is one or hundreds, that is murder. That is why I feel that leaders of Governments must not use war as a means to settle disputes. This must be a public policy.

Instead they (leaders) should seek to negotiate, go for arbitration or even take up the matter in a court of law.

NOVEMBER 2012 CRIMINALISE WAR

13

But these people (the two accused and others) are so powerful that nobody will take them to court. As members of civilized society, we should punish those who wage war that in turn leads to mass killing. I think it is wrong to make war legitimate. Of course defence is permissible.

If you are attacked, you must defend, but to have aggressive designs against another country, that is wrong.

Q: But warfare has always been a part and parcel of mankind for so long. How then can we prevent or at least minimise such actions?

Tun Dr Mahathir: You may recall that in the early years slavery was accepted. Everybody had slaves, whether you were Europeans or Asians.

And these slaves were treated very badly, in fact in many instances, not like human beings at all. In the olden days when an army of one nation defeated the army of another nation, the captured soldiers became slaves of the victorious army. This of course does not happen nowadays. ϐ struggle and today there are no longer slaves. So why is it that when one wages war and people are killed, it is not considered murder?

We are civilized people, and civilized people must uphold the sanctity of life. If you uphold the sanctity of life of one person who is killed, then why is it that you do not apply the same sanctity for the millions of people who have been killed in war?

That is why we feel that if the world does not punish those who wage war, then we should punish them. Usually the Tribunals are set up by the victors, who are obviously bias. A ϐ Ǥ justice, you should have an international court.

Unfortunately, nobody takes up the cases against those who wage war. So we have decided to have this Tribunal. I know that there is another such Tribunal in Brussels. Eventually I believe that war would be made a crime.

Q: But the verdict in Kuala Lumpur will not be enforced.

Tun Dr Mahathir: Well it may not be enforced, but the world will know the decision of the Tribunal and the world can do what is right.

14 CRIMINALISE WAR NOVEMBER 2012

Some countries may not allow these people (the accused) to enter their territory. They will be ostracized by some. But that is the limit of our jurisdiction. We have no means to enforce the decision of the Court, but not being able to enforce does not mean we cannot be in a position to pass judgment.

Q: What then would Tun suggest for us to be rid of warfare, where such killings do not take place, and where ‘might is not right’?

Tun Dr Mahathir: I believe that over time, people will come around to the conclusion that war is not right. War is a very primitive way ϐ Ǥ people, we respect the sanctity of life, we value life. In any society, killing of a person is a crime.

When they started the struggle against slavery, it took them a long time to succeed.

William Wilberforce was the man who started this struggle (against slavery) in the British Parliament. He began by introducing legislation ϐ step. And that eventually led to slavery being abolished.

I think slavery is a lesser crime than killing, but while people have rejected slavery, they seem to have permitted killing. That is why there is a contradiction here in terms of our values. On the one hand we say that killing one person is murder and whoever did it must be hanged if found guilty, but when millions are killed, nothing is done about it.

Q: Do you have any suggestions that you would like to put forth to rectify the injustices?

Tun Dr Mahathir: It’s a matter of perception.

Over time if we go on pointing out that war is murder - mass murder - people may come around.

However as with the struggle against slavery, it will take many years. People will eventually accept that war is a crime, that killing is a crime.

You may ask, what can the people do? They can force their Parliament(s) to abolish war.

In fact, Japan has already decided that they ϐ Ǥ Dz Ǧ dzǤ follow suit.

We have to get legislators to enact such laws. The electorate can then declare that they will only vote for those legislators who will agree to pass a motion in Parliament to make war a crime.

Maybe the pressure (on legislators) would be minimal in the beginning, but over time, more and more people will come to accept that killing is wrong.

Q: Do you think that Malaysia can take the lead here and make war a crime?

Tun Dr Mahathir: In time we can. But remember that defence is permitted. We have the right to defend ourselves against aggressors or those who invade our shores. But we should not wage war against any other nation. I think that in time, when the people accept that war settles nothing, but creates misery and suffering and lives are lost, there will be a move to stop all Ǥdz The former Prime Minister is well known for his frank and candid views on local and international issues. Tun Mahathir was just as forthcoming when asked about the Arab Spring – the struggle, the tragedies and the triumphs.

Tun Dr Mahathir: They say that you get the government that you deserve. If the people tolerate a dictatorship, then that’s what they get. However if the people want change, then it’s up to them to bring about the change. There is bound to be resistance by the dictators and those around them. But some people may even be willing to give up their own lives to bring about change. And it also depends on the strength of the movement wanting change. If it’s only a small group, they may be jailed. But if there is mass support, then change can take place.

Tun Dr Mahathir Mohamad with his wife Tun Dr Siti Hasmah

They call it the Arab Spring. It’s not spring at all.

It’s about killing, people from both sides (of the ϐ Ȍ ǡ Ǥ The best thing is for the leader(s) to accept that the people they once ruled want change. They should step down. Take the case of the Tunisian President, he saw that he had no support, so he resigned.

Mubarak of Egypt also resigned. But others have clung on and it has cost lives and misery.

Q: Do you think that the Arab Spring would lead to the Americans withdrawing, at least partially from the Arab lands?

Tun Dr Mahathir: They will not withdraw. They will still be there under some guise. These Arab countries have huge reserves of oil, so they will be there. The host countries will have to be mindful of how these people are treated. If anything is done to (American) citizens, you can expect a reaction in a powerful way.

With regards foreign policy, take Libya for instance. They may not be openly supporting the Americans, but the new government may be so grateful to NATO, that they may open up the country for investment and exploitation.

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Summary of

Trial no.1

T

he Kuala Lumpur War Crimes Tribunal sat in November 2011 to hear charges of “crimes against peace” against George W. Bush and Tony Blair, head of their respective governments during the invasion of Iraq on 19 March 2003. Both Defendants did not attend the hearing. The Tribunal then appointed the Head of the Defence Division as Amicus Curiae to represent the Defendants.

The original panel of Judges started with 7 eminent members. After a preliminary objection was raised

by Amicus Curiae, Judge Niloufer Bhagwat from India, recused herself. Judge Zakaria Yatim also recused himself on the first day due to ill-health.

After several days of presentation of the evidence and submissions by both the prosecution and the Amici

16 CRIMINALISE WAR NOVEMBER 2012

Curiae, the Tribunal ruled that the 2003 invasion of Iraq was an unlawful act of aggression and an international crime and that “It cannot be justified under any reasonable interpretation of international law. It violates the outer limits of laws regulating the use of force. It amounts to mass murder. Unlawful use of force in Iraq threatens to return us to a world in which the law of the jungle prevails over the rule of law, with potentially disastrous consequences for the human rights not only of the Iraqis but of people throughout the region and the world.”

The future of the UN and of the international law of war is also at stake. The unauthorized military action in Iraq undermines the system of collective security embedded in the UN Charter in order to protect humanity from a recurrence of the carnage of World War II.

“

At the hearing of Nuremberg, Robert Jackson J, who had stepped down from the US Supreme Court to prosecute these defendants said, “We are setting up one standard of behaviour to be applied not only to the Nazis defendants but also to ourselves,” and a generation later, that is what we are asking you, the judges of this Tribunal to do: To apply the exact same standards of international law to these American government officials that the Americans applied to the Nazis at Nuremberg. No more, no less; but exactly the same, just as Robert Jackson J said should be done in the future.

”

Prof Francis Boyle, Prosecutor

“

We want to reach the planners, the designers, the inciters, the leaders, and their ring of legal advisors who have crafted and shaped the evil.

And we want to ring in this message, “Be you ever so mighty that you think you cannot be reached – you CAN be reached.”

Prof Gurdial Singah Nijar, Chief Prosecutor

“

War is like a black hole. The general theory of relativity posits that there are black holes, and in the centre of black holes there is the singularity where the laws of physics cease to exist. War does that to laws of man. To international laws even.

”

Jason Kay, Amicus Curiae

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Summary of Trial

t the conclusion of the 5-day hearing on 11 May 2012, the Kuala Lumpur War Crimes Tribunal found all the 8 accused persons, namely, George W. Bush, Richard B. Cheney, Donald H. Rumsfeld, Alberto Gonzalez, David Addington, William Haynes II, Jay Bybee and John Choon Yoo guilty as charged and convicted as war criminals for committing torture, and cruel, inhumane and degrading treatment of the complainants (war crime victims).

A

Under Article 31 of Chapter VI of Part 2 of the Charter of the Kuala Lumpur War Crimes Commission (the Charter), the Tribunal recommends to the Kuala Lumpur War Crimes Commission (the Commission) to submit this finding of conviction of the Tribunal, together with a record of the Tribunal’s Proceedings, to the Chief Prosecutor of the International Criminal Court, as well as the United Nations and the Security Council.

18 CRIMINALISE WAR NOVEMBER 2012

no. 2

Further, under Article 32 of the Charter, the Tribunal recommends to the Commission that the names of the 8 convicted persons be entered and included in the Commission’s Register of War Criminals and be publicized accordingly.

The Tribunal also recommends to the Commission to give the widest international publicity to this conviction and the grant of reparation for the complainants (war crime victims) as these are universal crimes for which there is a responsibility upon nations to institute prosecutions if any of these 8 convicted persons enter their jurisdiction.

The Tribunal expresses its hope that the complainants in this case will, in the near future, find a state or international judicial entity competent, able and willing to exercise jurisdiction and to enforce the verdict of this Tribunal against the 8 convicted persons and their government.

#64) "/% #-"*3 4)06-% '"$&

53*"- Desmond Tutu

E

ver since the Kuala Lumpur Tribunal found George W. Bush and Anthony L. Blair guilty of crimes against humanity last November, the world has been watching and waiting for some kind of reaction to the pronouncements. While the Western countries paid scant attention to the verdict, which cannot at this stage be enforced, others have acted in their own way.

There are now several countries where the two former leaders would find themselves unwelcome and perhaps even detained if they went there. The wheels of justice, one is constantly reminded, are slow to move.

However in recent times, there seems to be a move toward bringing the pair to justice.

For one, the very eminent Archbishop Desond Tutu has called for Tony Blair and George Bush to be hauled before the international criminal court in The Hague.

At the same time the cleric delivered a damning critique of the physical and moral devastation caused by the Iraq war.

The actions of Tutu, a Nobel peace prize winner and hero of the anti-apartheid movement, marks the first time that someone of international standing has publicly and passionately accused the former British and US leaders of lying about weapons of mass destruction which were used as an excuse to invade Iraq. The Archbishop went on to say that the invasion

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left the world more destabilised and divided “than any other conflict in history”.

Writing in The Observer, a British newspaper, Tutu has blamed the controversial US and UK-led action to oust Saddam Hussein in 2003 for having created the backdrop for the civil war in Syria and a possible wider Middle East conflict involving Iran.

“The then leaders of the United States and Great Britain,” Tutu wrote, “fabricated the grounds to behave like playground bullies and drive us further apart. They have driven us to the edge of a precipice where we now stand – with the spectre of Syria and Iran before us.”

To many of us involved in the workings of the Kuala Lumpur Foundation to Criminalise War, it was the renowned Archbishop’s call for Blair and Bush to face justice in The Hague that has been most interesting.

Claiming that different standards appear to be set for prosecuting African leaders and western ones, Tutu said the death toll K\YPUN HUK HM[LY [OL 0YHX JVUÅPJ[ PZ Z\ɉJPLU[ VU its own for Blair and Bush to be tried at the ICC. “On these grounds, alone, in a consistent world, those responsible for this suffering and loss of life should be treading the same path as some of their African and Asian peers who have been made to answer for their actions in The Hague,” he wrote.

The International Criminal Court (ICC) was set up to hear cases on genocide, crimes against humanity, and war crimes. To date, 16 cases have been brought before the court but only one, that of Thomas Lubanga, a rebel leader from the Democratic Republic of the Congo (DRC), has been completed.

He was sentenced earlier this year to 14 years’ imprisonment for his part in war crimes in his home country. The Chief Prosecutor has never brought charges against any Western leader to date. It was only the KLFCW that has taken that step on behalf of all victims of the criminal action in Iraq and Afghanistan.

Tony Blair has been attempting to rehabilitate himself in public life after his term as Prime

20 CRIMINALISE WAR NOVEMBER 2012

Minister. But Desmond Tutu’s blast at him is evidence of the shadow still cast by Iraq over Blair’s future. A longtime critic of the Iraq war, the archbishop pulled out of a South African conference on leadership in August because Blair, who was paid 2m rand (£150,000) for his time, was attending.

Tutu had agreed to speak without a fee.

In his article, the archbishop argues that as well as the death toll, there has been a heavy moral cost to civilisation, with no gain. “Even greater costs have been exacted beyond the killing fields, in the hardened hearts and minds of members of the human family across the world.

“Has the potential for terrorist attacks decreased? To what extent have we succeeded in bringing the so-called Muslim and Judeo-Christian worlds closer together, in sowing the seeds of understanding and hope?” Blair and Bush, he says, set an appalling example. “If leaders may lie, then who should tell the truth?” he asks.

“If it is acceptable for leaders to take drastic action on the basis of a lie, without an acknowledgement or an apology when they are found out, what should we teach our children?”

We reproduce here the full article that appeared in The Observer on 1 September 2012: Anti-apartheid hero attacks former prime minister over ‘double standards on war crimes’ “The immorality of the United States and Great Britain’s decision to invade Iraq in 2003, premised on the lie that Iraq possessed weapons of mass destruction, has destabilised and polarised the world to a greater extent than any other conflict in history.

Instead of recognising that the world we lived in, with increasingly sophisticated communications, transportations and weapons systems necessitated sophisticated leadership that would bring the global family together, the then-leaders of the US and UK fabricated the grounds

to behave like playground bullies and drive us further apart. They have driven us to the edge of a precipice where we now stand – with the spectre of Syria and Iran before us.

If leaders may lie, then who should tell the truth? Days before George W Bush and Tony Blair ordered the invasion of Iraq, I called the White House and spoke to Condoleezza Rice, who was then national security adviser, to urge that United Nations weapons inspectors be given more time to confirm or deny the existence of weapons of mass destruction in Iraq. Should they be able to confirm finding such weapons, I argued, dismantling the threat would have the support of virtually the entire world. Ms Rice demurred, saying there was too much risk and the president would not postpone any longer.

On what grounds do we decide that Robert Mugabe should go the International Criminal Court, Tony Blair should join the international speakers’ circuit, bin Laden should be assassinated, but Iraq should be invaded, not because it possesses weapons of mass destruction, as Mr Bush’s chief supporter, Mr Blair, confessed last week, but in order to get rid of Saddam Hussein?

The cost of the decision to rid Iraq of its byall-accounts despotic and murderous leader has been staggering, beginning in Iraq itself.

Last year, an average of 6.5 people died there each day in suicide attacks and vehicle bombs, according to the Iraqi Body Count project. More than 110,000 Iraqis have died in the conflict since 2003 and millions have been displaced. By the end of last year, nearly 4,500 American soldiers had been killed and more than 32,000 wounded.

Has the potential for terrorist attacks decreased? To what extent have we succeeded in bringing the so-called Muslim and Judeo-Christian worlds closer together, in sowing the seeds of understanding and hope?

Leadership and morality are indivisible. Good leaders are the custodians of morality. The question is not whether Saddam Hussein was good or bad or how many of his people he massacred. The point is that Mr Bush and Mr Blair should not have allowed themselves to stoop to his immoral level.

If it is acceptable for leaders to take drastic action on the basis of a lie, without an acknowledgement or an apology when they are found out, what should we teach our children?

My appeal to Mr Blair is not to talk about leadership, but to demonstrate it. You are a member of our family, God’s family. You are made for goodness, for honesty, for morality, for love; so are our brothers and sisters in Iraq, in the US, in Syria, in Israel and Iran.

I did not deem it appropriate to have this discussion at the Discovery Invest Leadership Summit in Johannesburg last week.(last August) As the date drew nearer, I felt an increasingly profound sense of discomfort about attending a summit on “leadership” with Mr Blair. I extend my humblest and sincerest apologies to Discovery, the summit organisers, the speakers and delegates for the lateness of my decision not to attend.”

On these grounds alone, in a consistent world, those responsible for this suffering and loss of life should be treading the same path as some of their African and Asian peers who have been made to answer for their actions in the Hague.

But even greater costs have been exacted beyond the killing fields, in the hardened hearts and minds of members of the human family across the world.

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Find peaceful end to territorial rows "3 3&40-7&4 /05)*/( 1BTU FYQFSJFODFT QSPWF UIBU UIF NPTU TFOTJCMF TPMVUJPO JT UP QMBDF DMBJNT CFGPSF UIF DPVSU

W

I AM sorry to see dispute between China and Japan, and ,PSFB BOE +BQBO PWFS UIF PGGTIPSF JTMBOET /FJHICPVST XJMM BMXBZT IBWF QSPCMFNT PWFS PWFSMBQQJOH DMBJNT #VU OFJHICPVST TIPVME OPU HP UP XBS PS VTF WJPMFODF JO asserting their claims. .BMBZTJB IBT CPSEFST XJUI ýWF DPVOUSJFT PG 4PVUIFBTU "TJB -- namely Singapore, Thailand, Brunei, Indonesia and the Philippines. Once there was a confrontation by Indonesia UIPVHI JU XBT OPU BCPVU PWFSMBQQJOH DMBJNT 5P BWPJE XBST BOE DPOGSPOUBUJPOT *OEPOFTJB .BMBZTJB BOE the Philippines formed ASA, the Association of Southeast Asia.

This was later expanded to include Singapore and 5IBJMBOE -BUFS BMM UIF DPVOUSJFT PG 4PVUIFBTU "TJB KPJOFE the association. .BOZ CFMJFWFE UIJT XBT BO FDPOPNJD DPNNVOJUZ MJLF UIF &VSPQFBO &DPOPNJD $PNNVOJUZ #VU UIF SFBM PCKFDUJWF PG "TFBO XBT UP QSPWJEF B GPSVN GPS DPOĂžJDU SFTPMVUJPO It was launched after the end of the Indonesian confrontation against Malaysia.

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5IF ýSTU QSPCMFN GBDFE CZ .BMBZTJB JOWPMWJOH PWFSMBQQJOH DMBJNT XBT PWFS B USJBOHVMBS area of sea in the Gulf of Thailand where the northeastern border of Malaysia meets the southeastern border of Thailand. Malaysia’s QSPKFDUJPO PG UIF CPSEFS PG JUT DPOUJOFOUBM TIFMG was towards the northeast while Thailand’s was more southeastwards.

"GUFS SFQFBUFE BUUFNQUT CZ UIF SFTQFDUJWF GPSFJHO NJOJTUSZ officials of the two countries failed, the prime minister of

22 CRIMINALISE WAR NOVEMBER 2012

Malaysia met the prime minister of Thailand and decided UIBU NJOFSBMT PJM BOE HBT EJTDPWFSFE JO UIF USJBOHVMBS BSFB PG TFB CFUXFFO UIF UXP QSPKFDUFE DPOUJOFOUBM TIFMG CPSEFST TIPVME CF TIBSFE FRVBMMZ CFUXFFO UIF UXP DPVOUSJFT " KPJOU EFWFMPQNFOU QMBO CZ B KPJOU EFWFMPQNFOU authority was put in place and today, the gas produced in the area is indeed shared 50/50 between Malaysia and Thailand.

5IFO UIFSF XBT B EJTQVUF PWFS UXP CFBVUJGVM JTMBOET JO UIF seas at the border between the Malaysian state of Sabah and Indonesia. Prolonged negotiations and haggling by the UXP DPVOUSJFT GBJMFE UP SFTPMWF UIF JTTVF #PUI DPVOUSJFT surrender their claims. refused to HJWF JO PS

&WFOUVBMMZ CPUI BHSFFE UP HP UP UIF 8PSME $PVSU *U XBT B tedious process. Documents and other proofs had to be presented to the court by both sides.

After a considerable length of time and numerous hearings, the court decided that the islands belonged to Malaysia. Indonesia was unhappy of course. But Indonesia BOE .BMBZTJB IBE CPUI HJWFO UIF VOEFSUBLJOH UP BDDFQU XIBUFWFS EFDJTJPO NBEF CZ UIF DPVSU "OE UIFZ CPUI honoured their promise. %VSJOH UIF #SJUJTI QFSJPE UIFZ TFU VQ MJHIUIPVTFT PO TFWFSBM islands in the Malay peninsula, of which Singapore was UIFO B QBSU JUT HPWFSOPS CFJOH UIF )JHI $PNNJTTJPOFS PG UIF .BMBZ 4UBUFT 'PS DPOWFOJFODF UIF MJHIUIPVTFT XFSF administered from Singapore.

After the separation between Malaysia and Singapore, the island nation claimed that a rock on which a lighthouse had been built by the British in the sea between the southern tip of the Malay peninsula and Singapore belonged to Singapore. .BMBZTJB EJTQVUFE UIJT DMBJN GPS WBSJPVT SFBTPOT "GUFS ZFBST PG USZJOH UP SFTPMWF UIF DMBJN UISPVHI OFHPUJBUJPO the two countries decided to go to the World Court.

To cut a long story short, the court decided the rock belonged UP 4JOHBQPSF .BMBZTJB XBT EJTBQQPJOUFE CVU IBWJOH HJWFO PVS undertaking, accepted the decision of the court.

5IFSF XBT BMTP B EJTQVUF PWFS UIF TFB PGGTIPSF 4BSBXBL in the island of Borneo between Malaysia and Brunei. #FMJFWJOH UIBU UIF TFB CFMPOHFE UP .BMBZTJB 1FUSPOBT the Malaysian national petroleum company, began exploration in the waters concerned.

Brunei sent its warships and demanded that the Malaysians cease their operations. Later, the claims were discussed by the leaders of the two countries and it was agreed that the sea belonged to Brunei but the exploitation should be

by Malaysia’s national petroleum company.

threatening acts like sending warships or putting up flags.

Wars, if resorted to, could spread to become an all-out war between the claimants. People would die. The damage caused would be worse than the gain that the islands present. The tension created by wars will damage not only the economies PG UIF CFMMJHFSFOUT CVU UIF SFHJPO BT XFMM QFSIBQT FWFO UIF XPSME BT UIF 6OJUFE 4UBUFT NJHIU HFU JOWPMWFE No matter who wins the war, the loser would still dispute the possession of the island. Currently, there is a dispute between Russia, the winners in the last war, and Japan, UIF MPTFST PWFS JTMBOET OPSUI PG +BQBO 'PSUVOBUFMZ UIF confrontation has not escalated to what we are seeing in China and Japan today.

8BS SFTPMWFT OPUIJOH EFTQJUF UIF MPTT PG MJWFT QSPQFSUZ BOE UIF IVHF DPTU PG NPEFSO XBS &WFO B MJNJUFE XBS DBO CBOLSVQU OBUJPOT +VTU MPPL BU UIF FYQFSJFODF PG XBS JO *SBR BOE "GHIBOJTUBO The only sensible solution to the dispute is to agree to negotiate, arbitrate or, failing this, to put the claims before the World Court. Someone will win and someone will lose of course. But war would also result in the same result.

In fact, war is worst because apart from the high cost, the DMBJNT XJMM TUJMM SFNBJO BGUFS UIF MPTT PG MJWFT BOE QSPQFSUZ *O GBDU XIBUFWFS XFBMUI UIF JTMBOET XJMM ZJFME XPVME probably be less than the total amount expended in the war.

Finally, the Philippines claimed the whole state of Sabah PO #PSOFP JTMBOE #VU UIF 1IJMJQQJOFT EJE OPU KPJO *OEPOFTJB in that country’s confrontation. There has been no hostility between Malaysia and the Philippines, nor has there been any negotiation.

Asia has had enough wars in the past. Let us keep East Asia peaceful. What we gain from peace will be a thousand times greater than what we can gain from the disputed islands.

*U JT OPU B WFSZ TBUJTGBDUPSZ TUBUF PG BGGBJST 5IF QSPCMFN is still there. But diplomatic relations between the two countries seem to be unimpaired.

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The point I am trying to make is that the Japanese, Koreans BOE $IJOB TIPVME OPU SFTPSU UP WJPMFOU DPOGSPOUBUJPO nor stir up emotions which can become uncontrollable.

5IF DMBJNT DBOOPU CF SFTPMWFE UISPVHI XBST PS UISPVHI

Tun Dr Mahathir Mohamad *This article appeared in The New Straits Times on 20 September 2012

NOVEMBER 2012 CRIMINALISE WAR

23

5IJT BQQSPBDI JT UIF SJHIU POF SFBDIJOH PVU UP UIF ZPVOH UFMMJOH UIFN BCPVU XBS XIBU JU SFBMMZ NFBOT BOE XIZ JU NVTU CF DSJNJOBMJTFE T

Prof Michel Chossudovsky

SUPPORT FOR A YOUNG PEOPLE’S

ORGANISATION O

ne of the principal aims of this publication, Criminalise War, is to spread the message of the futility of war to the younger generation. Towards that end, a Charter has been created for such organizations to flourish in schools all over the country.

Support for such a move has come from many quarters. While it is an accepted fact that any “results� will take time and a great deal of effort, the fact is this move must take place now, and it must reach the young of this country soon.

The publishers approached several prominent individuals to seek their views and support. One, Prof Michel Chossudovsky heads the Centre for Research on Globalization based in Canada. He is also a signatory to the Initiative that led to the establishment of the Kuala Lumpur War Crimes Foundation.

When asked firstly about the verdicts by the Kuala Lumpur Tribunal that found ex-US President George W Bush and former British Prime Minister Tony L Blair guilty of crimes against humanity, the professor put it this way: “The decision of the Court has been based on extensive documentation and evidence of war crimes and crimes

24 CRIMINALISE WAR NOVEMBER 2012

against humanity. How this will affect the accused is part of the historical process, what I mean by that is that after the judgment of this court, the verdict becomes public knowledge and it is distributed world-wide. My institution – The Centre for Research on Globalization - our aim is to make not just the judgment known but all the testimony available to the broadest possible audience world wide. “This drive to bring the accused to justice has been raised in many other places and institutions, but I think that this (KL) has been the most comprehensive procedure, it has collected evidence over several years and it has finally reached its verdict,.

I should add that the accused are not the only criminals on the block, we are dealing with something far more complex, such as the criminalization of the states of western governments, NATO (North Atlantic Treaty Organization) and their allies. We don’t resolve this by identifying the personae – we have to carry this to another stage, which is the criminlisation of institutions, in other words – it pertains to the US and UN where these acts are endorsed, where war crimes have had endorsement, acts of war by the major states, the UN Security Council itself.. We are talking about Iraq, Afghanistan, Palestine, Libya, Syria, all places where the UN is serving as a front to those who commit crimes against humanity.�

To him, this publication is most timely for as he put it: “Any young person who is interested in history can review and ponder for himself or herself that wars never solve anything. In fact they add to the misery of all people. Young people should now try another course of action – that of peace. To try and avoid by all means war or conflict. We have to give dialogue a chance. The UN Charter on every page makes the case for mediation and conflict resolution by peaceful means and dialogue. The political will has to be developed to try that road towards peace rather than the other road toward war.�

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Hans-Christof Von Sponeck When asked about the muted response that newspapers in this country have shown: “After several visits to Malaysia, I can say that your mainstream media is very much in the same mould as their western counterparts, it’s a camouflage for them. They either do not cover events such as this (Tribunal) or they merely carry a story in a box with very little accurate information. “So that is a media that you cannot depend upon. This is despite the fact that this Foundation is the initiative of a former Prime Minister. The initiative has to come through what is being done with this publication, and reaching out to the young, the school children, say those above 12 years of age, because by then they can understand and form opinions. It’s a bit too late if you try and get them at University, since by then they are under the influence of professors and lecturers. So get them young, and not just in KL (Kuala Lumpur) but in many other parts of the country. â€œâ€Ś.so while I may not be able to contribute articles, I would be better placed to help “sensitiseâ€? the young by way of a lecture series, which I shall certainly consider. This approach is the right one, reaching out to the young, telling them about war, what it really means and why it must be criminalised.

Another prominent former diplomat who spoke to us was Hans-Christof Von Sponeck, who had served as an Assistant UN Secretary General in charge of humanitarian programme in Iraq.

Q: How do we get this political will?

A: “To young people I would say that the best weapon they could develop for themselves would be the information to understand the situation, understand the past and to challenge those who want to go the way of war. So knowledge is an important base to make that difference between sliding into another conflict or promoting peace. “If we have media that promote conflict, that promote confrontation and promote hatred, I will say that young people will try and go that way. So it’s also a question of national leadership in Europe, in Asia and other parts of the world, in this ever smaller world, to set examples to show that there are alternatives to solving problems and conflicts. The youth, absolvable as they are, will want to try that which is preached.

So we have to ensure that they are given the right information.

Q: How can we take this message to the young?

A: “To continuously remind them of what UNSECO that right from the beginning of its existence stated that if wars start in the minds of men, then peace can also start in the minds of men.

“It’s the question of directing your attention and socializing people towards peace – and we have not done that. What we have done is glamourised the uniform, we have glamourised weaponry, we have glamourised wars and the so-called heros of wars. I would say that the ones who are identified as heroes of war are in fact victims of war. They are not heroes. And the young people must be challenged to discuss this, to debate this. To think about it. And if that happens, I would say, there is a chance that peace will prevail. “We all have our contributions to make, wherever we are, wherever we stand in life, whatever our experience is, experience shows that peace is a much greater achievement and of much greater value than it is to go to war and brutalise minds and create more victims and then when it is too late, start to glorify them.�

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Would You Trust A US President?

W

e have recently come across two compelling although separate incidents and which have taken place in two different times. On examining the evidence of both these cases, we are prompted to ask the question: Can You Trust The US President?

Four years ago Americans had the courage to elect their first African-American president. He rode the popular tide with promises to end the torture and inhumane treatment of “prisoners” held at various facilities. Those who strongly opposed America’s invasion of Iraq and the bombings in Afghanistan were beguiled into the hope that Barak Obama would right all the wrongs of the previous occupant of the White House. Now almost four years later, and seeking a further term in office, the promises of the US President have not been met.

At the end of World War II, most young people, this writer included, grew up with stories of heroism during the war years,

of the brave battles waged against a conquering and cruel force that subjected countries in Southeast Asia to its yoke. And to glamorise all this were the numerous movies of the great battles in Europe and other parts of this region. Hollywood was seen as the bringer of good cheer, for the good guys always won.

Comics were another influence, Batman and Robin, The Lone Ranger and Superman, along with several more such creations all played their part in turning young minds the American way.

They were after all the “good guys” who conquered evil and defeated the “bad guys”. Such was the influence of these movies that America became the champion of the world. The evil was seen as the Communist regimes of the Soviet Union, the Eastern Bloc, China, Vietnam and North Korea.

But events over the last 20-30 years have shown that we have to re-think this perception we have of the “good guys”.

The destruction of Iraq, the invasion of a sovereign nation, the aerial bombardment of a helpless Afghanistan and the continued drone attacks on civilian targets, have all taken a heavy toll.

The Kuala Lumpur Foundation to Criminalise War has in the course of two Tribunal hearings found former US President George W. Bush and British’s ex premier Anthony L. Blair guilty of crimes against humanity. Several other senior US officials were also convicted for their actions against ordinary citizens in Iraq and Afghanistan.

So there was a glimmer of hope when Barak Obama came to power that things would be made right again. Alas, what a letdown!

This thus brings up the subject: Can we trust a US President?

This writer cites two events to make the point.

These two events had taken place almost 50 years apart, but they point to a chilling verdict of guilty on the part of the man in the White House on both occasions. One involved the Soviet Union and the other of course US troops and their “terror” squads.

At the last hearing of the Kuala Lumpur Tribunal in May 2012, testimony was heard from three separate witnesses who underwent inhumane treatment, torture and imprisonment. One was an Iraqi woman who was forced out of her house, stripped of her clothes and her dignity just because they suspected her of siding with the insurgents. The other two men suffered harsh treatment of wrongful confinement. The testimonies of these three

26 CRIMINALISE WAR NOVEMBER 2012

were among the facts taken into consideration by the panel of judges before they rendered their guilty verdict on all the accused.

Take these two cases and look at them carefully and judge for yourself, who the real guilty were.

When Barak Obama was campaigning for the Presidency of the United States four years ago, he pledged to bring home the troops by ending the occupation in Iraq and Afghanistan and shut down the prison facility in the island of Guantanamo Bay, which is in Cuba, a sovereign state.

'PVS ZFBST PO BT IF DBNQBJHOT GPS B TFDPOE UFSN JO PGýDF (JUNP BT UIF $VCBO GBDJMJUZ JT DBMMFE JT TUJMM UIF UPSUVSF DFOUSF UIBU JU IBT CFFO UIF XBS JO *SBR JT TUJMM PO HPJOH QFSIBQT PO B TDBMFE EPXO CBTJT /BUP GPSDFT TVQQPTFEMZ SVO UIF XBS JO "GHIBOJTUBO BOE OPOF PG UIF 1SFTJEFOU T QSPNJTFT IBWF CFFO LFQU *O GBDU UIF 0CBNB BENJOJTUSBUJPO IBT HPOF FWFO GVSUIFS UP BCTPMWF 64 PGýDJBMT BOE USPPQT PG BOZ BDDPVOUBCJMJUZ GPS UIFJS BDUJPOT JO UIFTF WBSJPVT BSFBT There is now international displeasure over the cases of two detainees who were tortured to death, but whose handlers have been apportioned no blame nor punished for causing their deaths. Why, one may ask? The US Attorney General, Eric Holder has announced the closing without charges of the only two cases under investigation relating to the US torture tactics: they related to the 2002 death of an Afghan detainee at a secret CIA prison near Kabul (the Afghan capital) and the other, the 2003 death of an Iraqi citizen while in CIA custody at Abu Ghraib prison facility in Iraq.

Many people and international commentators have termed these decisions as the “Obama administration’s aggressive fullscale whitewashing of the “war on terror� crimes committed by Bush officials as being now complete. That decision by the Attorney General eliminates the last possibility of any criminal charges being brought as a result of the brutal interrogations carried out by the CIA. What a farce this has been and it is appropriate to review the timeline of how Obama officials acted to shield Bush torturers from all accountability. During his 2008 campaign for president, Obama repeatedly vowed that, while he opposed

“partisan witch-hunts�, he would instruct his attorney general to “immediately review� the evidence of criminality in these torture programmes because “nobody is above the law.� Yet, almost immediately after winning the 2008 election, Obama, before he was inaugurated, made clear that he was opposed to any such investigations, citing what he called “a belief that we need to look forward as opposed to looking backwards�.

Throughout the first several months of his presidency, his top political aides, such as the Chief of Staff, Rahm Emanuel and his press secretary Robert Gibbs publicly – and inappropriately – pressured the justice department to refrain from any criminal investigations. Over and over, they repeated the Orwellian mantra that such investigations were objectionable because “we must look forward, not backward�. As Gibbs put it in April 2009, when asked to explain Obama’s opposition, “the president is focused on looking forward. That’s why.�

In sum, the Obama administration has been desperate to ensure that there will be no accountability or even that meaningful investigations ever take place. That is almost certainly due to the observation made in the New York Times:

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During World War II, American POWs (prisoners of war) sent secret coded messages to Washington with news of a Soviet atrocity: In 1943 they saw rows of corpses in an advanced state of decay in the Katyn forest, on the western edge of Russia, proof that the killers could not have been the Nazis who had only recently occupied the area.

The testimony about the infamous massacre of Polish officers might have lessened the tragic fate that befell Poland under

NOVEMBER 2012 CRIMINALISE WAR

27

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Franklin Delano Roosevelt the Soviets, some scholars believe. Instead, it mysteriously vanished into the heart of American power. The long-held suspicion is that President Franklin Delano Roosevelt didn’t want to anger Soviet dictator Josef Stalin, an ally whom the Americans were counting on to defeat Germany and Japan during World War II.

and intellectual elite that would have put up stiff resistance to Soviet control. The men were among Poland’s most accomplished — officers and reserve officers who in their civilian lives worked as doctors, lawyers, teachers, or as other professionals. Their loss has proven an enduring wound to the Polish nation.

Documents released recently lend weight to the belief that suppression within the highest levels of the U.S. government helped cover up Soviet guilt in the killing of some 22,000 Polish officers and other prisoners in the Katyn forest and other locations in 1940.

In the early years after the war, outrage by some American officials over the concealment inspired the creation of a special U.S. Congressional committee to investigate Katyn.

Historians describe it as important. The most dramatic revelation so far is the evidence of the secret codes sent by the two American POWs — something historians were unaware of and which adds to evidence that the Roosevelt administration knew of the Soviet atrocity relatively early on.

The declassified documents also show the United States maintaining that it couldn’t conclusively determine guilt until a Russian admission in 1990 — a statement that looks improbable given the huge body of evidence of Soviet guilt that had already emerged decades earlier. Historians say the new material helps to flesh out the story of what the U.S. knew and when.

The Soviet secret police killed the 22,000 Poles with shots to the back of the head. Their aim was to eliminate a military

28 CRIMINALISE WAR NOVEMBER 2012

In a final report released in 1952, the committee declared there was no doubt of Soviet guilt, and called the massacre “one of the most barbarous international crimes in world history.� It found that Roosevelt’s administration suppressed public knowledge of the crime, but said it was out of military necessity. It also recommended the government bring charges against the Soviets at an international tribunal — something never acted upon.

Despite the committee’s strong conclusions, the White House maintained its silence on Katyn for decades, showing an unwillingness to focus on an issue that would have added to political tensions with the Soviets during the Cold War. So the question remains, Can You Trust An American President?

Spotlight On An Oppressed Community

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“the solution must be the right of the Rohingyas to go back and live in the state where they have been living all these years”

T Tun Dr Mahathir Mohamad

O

n 17th September 2012, Perdana Global Peace Foundation organised a one-day international conference titled, “Plight of the Rohingya: Solutions?” attended by participants comprising representatives from the diplomatic corps, international organisations, parliamentarians, human rights groups, academia, civil society, non-governmental organisations and media, as well as leaders of Rohingya organisations from several countries. Various papers were presented and at the end of the conference, a resolution was drafted, signed by all the speakers of the conference. In brief, it noted: with serious concern that the Rakhine Buddhist community and in particular, the Rohingya Muslim community, suffered from sectarian violence that erupted in Rakhine State in June 2012, the current tragic situation facing the Rohingyas and continued statelessness that makes them highly vulnerable to abuses, with concern the thousands of displaced and stateless Rohingyas living throughout the world,

30 CRIMINALISE WAR NOVEMBER 2012

that the government of Myanmar has failed to observe its responsibility to M\SÄS P[Z PU[LYUH[PVUHS O\THU YPNO[Z HUK humanitarian obligations with respect to the Rohingyas, the systematic crimes against the Rohingya community, and in its resolution the Conference: strongly condemns the continuing acts of violence, rape, beatings, burning of dwellings, killings, arbitrary arrests, detentions and enforced disappearances of the Rohingyas, calls on the government of Myanmar to recognise the legitimate rights of the Rohingyas, to amend the 1982 Citizenship Act to recognise or grant citizenship to persons of Rohingya ethnicity, and to carry out full and fair investigations against individuals and parties responsible for criminal offenses during sectarian violence in Rakhine state.

In the words of Tun Mahathir during the keynote address, “We are here [V ÄUK ZVS\[PVUZ [V H WYVISLT [OH[ has been with us for a very long time. … We expect that the state of Myanmar, which is a very rich state, would be able to give its people a good life, and that good life should UV[ VUS` IL JVUÄULK [V VUL ZLNTLU[ of the population, but for everyone who claims to be the citizen of Myanmar. … and the solution must be the right of the Rohingyas to go back and live in the state where they have been living all these years, to join their compatriots who are there and for the whole population of Rohingyas to be recognized as citizens of Myanmar.”

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“We’ve been trying to adopt negotiation as a means to solve the issue, but it is complicated because it involves regional and international interference.”

T Mother

Superior Agnes Mariam, Melkite Catholic Church from Homs, Syria

THE SYRIAN

CONFLICT

– A PLEA FOR UNDERSTANDING Most of us have read on a daily basis in newspapers the conflict in Syria, the failed attempt by the former United Nations Secretary General Koffi Annan to broker a peace and the heavy death toll that the fighting has caused. This has lasted now for more than a year and no lasting peace seems in sight.

And while the rest of the world watches with bated breath, Syrians themselves are attempting to end

32 CRIMINALISE WAR NOVEMBER 2012

the warfare in their ancient land – considered by many as the seat of civilization. Ancient cities and a way of life is now being threatened. But who is to blame?

There is a great need to truly understand the conflict in Syria. This was the message that was stressed by Mother Superior Agnes Mariam from the Melkite Catholic Church in Homs, Syria, when

she told a small but captive audience that the situation made Syrians feel unimportant as the media only reported on certain sects of the population.

The mainstream media has been reporting partially true and false stories about the Syrian uprising, many of which do not represent Syria as a whole, said Mother Superior Agnes..

“From the start of uprising, we’ve seen that the reality was not being reported truthfully and by giving speeches at chosen countries, including Malaysia, I hope that I can spread the message,” she said.

Mother Agnes, who is also a member of the Mussalaha initiative for a reconciliation, said there was a need for reformation and democratic change without the use of violence or resorting to war.

“We’ve been trying to adopt negotiation as a means to solve the issue, but it is complicated because it involves regional and international interference.

T Most

Rev Tan Sri Murphy Nicholas Xavier Pakiam at the registration counter of the Dialogue on the Syrian Uprising

“We are coming together to build a new social group and this comes from the desire of the people as we consider the regime in Syria as fallen.”

T

Perdana Global Peace Foundation (PGPF) Chairman Tan Sri Norian Mai (left) and PGPF Treasurer Tan Sri Dato’ Sri Hj. Abdul Halil Hj. Abd Mutalif (right) in a tête-à-tête with Tan Sri Murphy Pakiam during the dialogue session

NOVEMBER 2012 CRIMINALISE WAR

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T Left

to right: Tan Sri Norian Mai and Alan Lonergan

T Left

to right: Mother Agnes, Dr. Zulaiha Ismail, and Datuk Badariah Arshad

Often referring to herself as a simple nun, Mother Agnes was clear and forthright in her speech that the truth must be reported by the mainstream media.

Not showing nor denying support for the current regime, she reminded the audience that Syria has known nothing but one-man rule for more than 40 years. From the days of Hafez Al Assad to the present leadership of Bassar Al Assad, it has been a tight fisted regime. Democracy she noted takes time to be in place. Countries like Malaysia, she noted, live in prosperity because of the rule of law and people living in harmony.

Mother Agnes is a leading proponent of the Musaalaha Initiative that seeks reconciliation for the war torn country. So passionate is she about the plight of Syrians that she continuously addressed various issues that divide her country now.

Repeatedly she drew attention to the fact that she was a nun with no political motive except to tell the world the true situation of the Syrian conflict. War has caused havoc in Syria. This conflict has lasted for more than a year. Families have lost loved ones, bread winners and even children. How long more will this suffering go on?

Recalling that Syria is a proud nation that has long lived peacefully with a diverse and multi-religious population, Mother Agnes invited Malaysians to visit Syria and see for themselves the true situation in her country.

Mother Agnes Mariam was on her way to Australia and had only made the brief stop-over in Kuala Lumpur to address the dialogue session organised by the Perdana Global Peace Foundation.

34 CRIMINALISE WAR NOVEMBER 2012

a journey of a thousand miles begins with the f irst step. we have taken many steps. let us march forward in this struggle to achieve true civilisation, to criminalise war.

TUN DR MAHATHIR MOHAMAD during “Expose War Crimes - Criminalise War” Conference in Kuala Lumpur on 5 February 2007

NOVEMBER 2012 CRIMINALISE WAR

35

KLFCW November 2012 Events [Venue: Dewan Tun Dr. Ismail, Putra World Trade Centre PWTC, Kuala Lumpur]

Date

Time

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'PSVN PO Keynote Address by H.E. Tun Dr. Mahathir

PGPF

Mon 19 – Thurs 22 9am to 5pm Nov 2012

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PGPF

Tues 20 Nov 2012

9am to 5pm

,VBMB -VNQVS 8BS $SJNFT $PNNJTTJPO )FBSJOH PO 1BMFTUJOF (First Session)

KLFCW

Wed 21 Nov 2012

9am to 5pm

,VBMB -VNQVS 8BS $SJNFT $PNNJTTJPO )FBSJOH PO 1BMFTUJOF (Second Session)

KLFCW

*OUFSOBUJPOBM $POGFSFODF PO 8BS BGGFDUFE $IJMESFO

KLFCW

Mon 19 Nov 2012

9am to 5pm

Thurs 22 Nov 2012 9am to 2pm

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by H.E. Tun Dr. Mahathir (Founder/Chairman KLFCW)

Moderator Dato’ Freida Pilus Advisor to the Minister of Education

3BQQPSUFVS Puan Che Kamaliah Endud Principal, Tunku Kurshiah College

t -FHBM 1SPUFDUJPO PG $IJMESFO JO "SNFE $POþJDU 5IF *SBRJ $IJMESFO (FOPDJEF Prof. Francis A. Boyle (Professor Of International Law at the University of Illinois)

36 CRIMINALISE WAR NOVEMBER 2012

Date

Time

Thurs 22 Nov 2012 9am to 2pm

&WFOU

)PTU t ,INFS 3PVHF "USPDJUJFT $PNNJUUFE PO $IJMESFO H.E. Ms. Chea Leang (National CoProsecutor of the Extraordinary Chambers in the Courts of Cambodia) (ECCC)

KLFCW

t 8IBU 8BS %PFT UP $IJMESFO o Prof. Paola Manduca (Geneticist, University of Genoa, Italy)

t &GGFDUT PG 8BS PO $IJMESFO T )FBMUI Dr Raj Abdul Karim (President of Malaysian AIDS Council)

t $IJMESFO T $IBSUFS UP $SJNJOBMJTF 8BS H.E. Tun Dr. Siti Hasmah bt Mohd Ali (Trustee, KLFCW)

Thurs 22 Nov 2012 8pm to 11pm

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KLFCW

NOVEMBER 2012 CRIMINALISE WAR

37

38 CRIMINALISE WAR NOVEMBER 2012

Editorial Children are the pulse of any family unit. In turn they become the conscience of a nation. For they BSF POFT XIP BSF NPTU BGGFDUFE CZ WJPMFODF BOE EFTUSVDUJPO "OE XIFO UIFZ UFMM UIFJS TUPSJFT BMM XJMM MJTUFO 5IFZ IBWF UIF TJNQMF iUSVUI GBDUPSw JO UIFN BOE XIFO UIFZ EFTDSJCF JO UIFJS WFSZ PXO language what they see or feel, grown ups will listen.

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And that same letter is reproduced here for all readers to understand what suffering and hardship is through the eyes of an innocent girl. She is grown up now, but UIBU NFTTBHF JT TUJMM WBMJE 3FBEJOH UIJT WFSZ TJNQMF BOE QPJHOBOU MFUUFS DBO HJWF you, the reader, an idea of what needs to be done and why we must care for the Palestinian, the Lebanese, the Jew, the Arab, the Afghan, the African and many more displaced fellow humans in all parts of the world.

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NOVEMBER 2012 CRIMINALISE WAR

39

were hurled at the KL War Crimes Tribunal. Undaunted, in May 2012, a second charge was heard against TFWFSBM GPSNFS JOUFSOBUJPOBM MFBEFST 5IF HVJMUZ WFSEJDU BMUIPVHI OPU FOGPSDFBCMF XJMM OFWFSUIFMFTT TFSWF UP remind an uncaring international audience, that we in .BMBZTJB TUBOE GPS KVTUJDF 8BS JT B DSJNF BOE XF IBWF to expose war crimes no matter where it takes place.

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8F DBOOPU BOE EP OPU IBWF UIF DMPVU UP iQVOJTIw UIFTF QFPQMF #VU XF IBWF UIF QPXFS XJUIJO PVSTFMWFT UP IBWF XBS DSJNJOBMJTFE o TP UIBU BOZ POF XIP XBHFT XBS JT DPOEFNOFE UIF XPSME PWFS BT B DSJNJOBM 5IJT UIFO JT UIF BJN PG UIJT QVCMJDBUJPO o UP QSPWJEF UIF young and not-so-young the real opportunity to make B EJGGFSFODF JO UIJT XPSME 5P CFDPNF JOWPMWFE JO UIF ideals and workings of the KLFCW so that the message JT DBSSJFE UP FWFSZ IPNF FWFSZ UPXO FWFSZ LBNQPOH JO PVS QFBDF MPWJOH OBUJPO 5IF ZPVOH GFFM UIF QBJOT PG war and suffering the most. The young are the ones

40 CRIMINALISE WAR NOVEMBER 2012

XIP DBSF UIFZ IBWF QBTTJPO JO UIFN GPS UIF TJNQMF UIJOHT JO MJGF 5IFZ GFFM QBJO KPZ IVSU BOE DPNGPSU WFSZ easily. Their compassion and sense of goodness is unadulterated, it is pure, it comes from the heart.

With this publication, we are reaching out to young .BMBZTJBOT SFRVFTUJOH UIFN UP QBVTF BOE UP QPOEFS the merits and demerits of war. Would you choose EFTUSVDUJPO PWFS DPOTUSVDUJPO 8PVME ZPV QSFGFS CPNCBSENFOU PWFS GSFFEPN UP SVO BOE QMBZ BT ZPV XJMM 8JMM ZPV XBHF XBS LOPXJOH UIBU MJWFT XJMM CF MPTU 8JMM ZPV LJMM This then is the opportunity to form a solid base GPVOEBUJPO PG CSPUIFSIPPE UP SFKFDU XBS 8F OFFE UP IBWF UIJT MFHJTMBUFE 8F OFFE UP IBWF FMFDUFE SFQSFTFOUBUJWFT XIP EFOPVODF XBS 8F OFFE UP TQSFBE UIJT NPWFNFOU BDSPTT UIF TFBT BOE PDFBOT BOE MBOE masses and link with like-minded groups in many parts PG UIF XPSME 5IJT JT B SFWPMVUJPO CVU B SFWPMVUJPO UIBU has peaceful aims and the betterment of society. We need to dump the arms and weapons that kill, maim or DBVTF JOKVSZ UP MJNCT But we also need to know what war is all about. We OFFE UP LFFQ PVS IJTUPSZ JO QFSTQFDUJWF 8F DBOOPU wipe aside history, rather we need to study it, seek its SPPUT BOE OFWFS NBLF UIF TBNF NJTUBLFT 8F OFFE UP IBWF B iOFX PSEFSw JO UIF XPSME 5P VT .BMBZTJB JT UIF TUBSUJOH QPJOU PG UIJT KPVSOFZ GSBVHIU XJUI QJUGBMMT PCTUBDMFT SJEJDVMF BOE FWFO disdain. But if we accept that war is a crime, if we truly BOE IPOFTUMZ CFMJFWF UIBU UIF XPSME DBO MJWF JO QFBDF KPJO VT BU UIF ,-'$8 UP NBLF UIF EJGGFSFODF -FU PVS DIJMESFO MJWF JO B XPSME UIBU FNCSBDFT FBDI PUIFS XJUI no colour, creed or religious and ethnic barriers. Let PVS DIJMESFO CBOE UPHFUIFS BOE GPSN B NPWFNFOU UIBU JT USVMZ VOJWFSTBM XPSLJOH GPS POF BJN o OP NPSF XBST

THE EDITOR

Reaching Out To The Young

The mission of the Kuala Lumpur Foundation to Criminalise War would only see limited success if its message is not carried down to the masses. In this case, the masses mean the young citizens of the country. All secondary schoolchildren must be reached through the publication, activity programmes, talks, seminars and several other avenues.

At the moment, the KLFCW has served to criminalise war by conducting hearings, gathering information, investigating and by holding public Tribunals. Two such sittings have found several former leaders of the United States and Britain guilty of crimes against humanity. Earlier articles of these sittings and findings are found in this publication.

The Plan This publication, Criminalise War, will lead the way by having issues distributed to boarding schools initially. School children will then have the opportunity to understand the reasons why this Foundation was established. It will be necessary to rid the notion that the trials have been “sham” or that they have no legal standing. The Tribunal only does not have the power to enforce the verdict.

These and other aspects will be explained to the young citizens. They will then be given background briefings/information on such issues as the Iraq invasion, the bombings of Afghanistan and several other violations of human beings and way of life.

“War is about killing” – that is the message of the founder of the KLFCW. Children must understand this terrible fact. In war, thousands and even millions of fellow human beings have lost their lives. Children have lost fathers and mothers and brothers and sisters. This must never again happen any where in the world.

The Plan calls for the setting up of “Criminalise War Clubs” to be run entirely by school children.

There will be a universal charter that all such clubs in the country will abide by. Elected leaders from individual schools will with the advice and guidance of KLFCW run their own regular meetings and programmes.

Members will have the opportunity to listen to “experts” who will provide the background to current issues. History is an important aspect in the annals of any country. History must not be distorted. Rather, the young members of the clubs will be taught history, events like World War I and World War II, the Korean War, The Indo-China War and other recent wars of the 20th century will be explained. This then gives the members a better understanding of the nature of war. They must realize that in war, there are no victors, only victims.

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A Variety of activities Other programmes will follow in due course. But the initial step will be to get the schools of accept the concept and for the Ministry of Education to sanction it. Towards that end, efforts will be made by this publication to obtain the permission and endorsement of the relevant authorities.

Schools already have clubs and societies, some are uniformed while others are not. This Club will be a non-uniformed movement that embraces all students.

Suggested activities would include:

Essay Writing Contests Public Speaking (on topics related to war) Understanding the criminal nature of war

These young students and members of the clubs will be challenged to work toward a goal of helping to create a nation that renounces war. If it took one brave British parliamentarian the course to help pass a bill that made “trading in slavery illegal” a long time ago, then perhaps now is the time for Malaysians to consider initiating a move that will see war abolished in the long run. It will take a long and hard battle to gain the ultimate aim – that Malaysia has a constitution that rejects war!!!

While these may appear difficult tasks at the moment, unless we move toward that direction, nothing will be achieved.

Like-minded citizens and readers of this publication are encouraged to submit written suggestions, ideas and plans on some of the topics that have been mentioned here. We need to gather a groundswell of interest and action to get started. Then Malaysians can truly say that they have taken the first, bold step towards criminalising war.

For the Clubs to succeed, there must be full cooperation between the schools and KLFCW. Eventually, these clubs will work toward a national-level grouping. It then becomes possible for links to be established with like-minded clubs, young peoples’ movements that have the same aim – ridding the world of war.

It is envisaged that these initial suggestions will be refined and honed to suit the needs of individual schools and clubs. However, they must all adhere to the Charter that the KLFCW will draw up. Eventually, school children themselves will determine the course of action, draw up their own initiatives and lead this fledgling movement to greater heights. This is the start, and we cannot delay any longer.

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wars

THROUGH THE EYES OF CHILDREN.

PALESTINIAN CHILDREN ON THE HORRORS OF WAR

Palestinian Ghasan Matar, 14, who lost his legs in an explosion during the Israeli war on Gaza, sits on a bed at his family’s house in Gaza City

gaza’s children struggle with memories of war +VMZ t #Z 1BUSJDL .PTFS Fourteen-year-old Ghasan Matar won’t talk about the explosion that cost him his legs and killed his brother. In fact, six months after the end of the 22-day operation ended on January 18, 2009,Israeli war on (B[B IF TUJMM CBSFMZ UBMLT BU BMM

More than 300 children were among the 1,400 Palestinians killed and many more were wounded EVSJOH UIF EBZ *TSBFMJ PGGFOTJWF UIBU FOEFE PO January 18, according to Palestinian figures.

He spends most of his time staring at the walls and a huge poster depicting his older brother against a CMPPEZ CBDLHSPVOE PG XBS GFBUVSJOH B ,BMBTIOJLPW assault rifle and dead Israeli soldiers.

4FWFO ZFBS PME "INFE 4BMBI BM 4BNVOJ TNJMFT UJNJEMZ BT IF JT UPTTFE B HSFFO QMBTUJD CBMM CVU RVJDLMZ loses interest, instead digging his nails into a couch in a brightly coloured room used for psycho-social counselling sessions.

Palestinian Ghasan Matar, 14, who lost his legs in an FYQMPTJPO EVSJOH UIF *TSBFMJ XBS PO (B[B TJUT PO B CFE BU IJT GBNJMZ T IPVTF JO (B[B $JUZ

“I remember that Israelis came and ordered us out.

Shells were fired,� he says when asked what he remembers of the war.

)F TBZT IF OFWFS UIJOLT BCPVU UIF EBZ XIFO UIF IPVTF XBT IJU EVSJOH IFBWZ TIFMMJOH PG (B[B $JUZ T ;FJUVO neighbourhood. He insists he has no nightmares. “I’m doing fine,� he says, and then clams up.

“Grandmother and grandfather are dead,� he says, going on to list about 10 others who died when his house was bombed. In all, 29 were killed in the attack, 18 of them from his direct family.

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i* MPWF "[[B BOE XBOU IFS CBDL w IF TBZT PG IJT UXP and-a-half year-old sister who was among the dead.

“But it’s a long process. He has seen so many dead bodies,� says counsellor Sabri Abu Nadi.

After the attack, he lay in a pool of blood. It’s only when he cried out for his mother that she realised he XBT TUJMM BMJWF

A huge number of children went through “horrible TJUVBUJPOTw EVSJOH UIF XBS TBZT 4BKJ &MNVHIBOOJ UIF (B[B TQPLFTNBO GPS UIF 6/ DIJMESFO T BHFODZ 6/*$&' i/PXIFSF XBT TBGFw JO UIF PWFSDSPXEFE TMJWFS PG MBOE wedged between Israel, the Mediterranean and Egypt.

A large scar runs across his face, another along his hip. His nose is still deformed from the shrapnel wounds. “He’d scream out at night: ‘The Jews are coming to kill me’,� his father says.

His psychological scars are also starting to heal.

"OE FYQFSUT TBZ B WBTU NBKPSJUZ PG UIF DIJMESFO XIP NBLF VQ NPSF UIBO IBMG PG (B[B T NJMMJPO population, will bear the psychological scars for years to come. Many bury their feelings deep inside.

Source: Uruknet.info

IRAQI CHILDREN ON THE HORRORS OF WAR

EXCERPTS FROM THURA’S DIARY:

my life in wartime iraq .BSDI t Today was a really sad day. The Doura district in south Baghdad came under attack GSPN DMVTUFS CPNCT 8F WF HPU RVJUF B GFX GSJFOET XIP MJWF UIFSF BT XFMM BT POF PG NZ PUIFS DPVTJOT BOE IJT family. We were all so worried about them, but we DPVMEO U QIPOF PS HP UP TFF UIFN y 0O 57 UIFZ WF CFFO TIPXJOH DIJMESFO XIP WF CFFO UBLFO UP IPTQJUBM with terrible burns. I had tears pouring down my face as I watched, wondering if such terrible things could IBQQFO UP NF PS BOZ PG UIF QFPQMF * MPWF y 5IFSF are men and children dying, and women crying for them. What kind of hatred must they be feeling for UIF JOWBEFST XIPTF MFBEFST TBZ UIFZ WF TFOU JO UIFJS BSNJFT UP MJCFSBUF VT "OE XIBU LJOE PG IBUSFE GPS UIF *SBRJ MFBEFSTIJQ BT XFMM "QSJM t In the middle of the night we were UISPXO PVU PG PVS CFET CZ TVDI NBTTJWF FYQMPTJPOT With the whole city in pitch darkness, no one knew what was happening. The explosions were coming from somewhere nearby.‌ Some of the missiles flew PWFS PVS IPVTF BOE XF DPVME TFF UIF IVHF ÞBTIFT light up the sky when each one hit, followed by the deafening sound of the explosions and a great gust of wind. We also heard glass shatter nearby.‌ We all got up except for Sama, who was too scared and asked me to stay next to her. Just as Mum was hurrying to open all the doors of the house, another explosion

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XFOU PGG NBLJOH UIF IPVTF TIBLF BOE UIF MJHIUT KJHHMF BCPVU * IBE UIF GFFMJOH UIF SPPG XBT BCPVU UP GBMM JO on us. We were all rooted to the spot, looking at each other wondering what was going to happen next when UIF UIJSE NJTTJMF GFMM y &WFSZPOF JT KVTU ESBJOFE BOE worried, and we don’t know what to do. Sometimes we GPSHFU XIFSF UIF DBOEMFT BSF PS IBWF UP TFBSDI GPS B NBUDI KVTU UP IBWF B MJHIU "OE UIFO XIFO XF ýOE FBDI PUIFS BHBJO XF TJU EPXO UPHFUIFS KVTU XBJUJOH BOE XBJUJOH BOE XBJUJOH 0WFSIFBE JU T SBJOJOH OPU XBUFS but missiles, and we wonder when the rain will stop.

children’s lives were not spared in sabra and shatilla massacres

By Zuhra Rafikova

5IFSF BSF OP BEKFDUJWFT UP EFTDSJCF UIF JOEJTDSJNJOBUF killings which took place on September 16, 1982.

According to the Red Crescent Society, up to 2,000 men, women and children were atrociously killed by the Phalangists. The Kahan Commission reported that the Israeli Defence Forces occupying Beirut and the Minister of Defence were responsible for the massacres that took place in these camps.

5IF NPTU CMBUBOU BOE SFQVMTJWF PG BMM XBT UIF NBTT slaughter of the innocent refugees, including women and children that were largely ignored by the mainstream media, especially in European countries.

"O "NFSJDBO KPVSOBMJTU +BOFU 4UFWFOT XIP XBT BNPOH UIF ýSTU UP WJTJU CPUI DBNQT XSPUF JO IFS testimony: ‌I saw dead women in their houses with their skirts up to their waists and their legs spread apart; dozens of young men shot after

being lined up against the wall; children with their throats slit, a pregnant woman with her stomach chopped open, her eyes still wide open, her blackened face silently screaming in horrors; countless babies and toddlers who had been stabbed or ripped apart and who had been thrown into garbage piles.

The Sabra and Shatilla massacres were some of the NPTU VOGPSHJWBCMF DSJNFT BHBJOTU IVNBOJUZ XIJDI took place in the 20th century despite the many EFNPDSBUJD WBMVFT BOE IVNBO SJHIUT EFDMBSBUJPOT PWFSXIFMNJOHMZ BEWPDBUFE CZ UIF MFBEFST PG UIBU QBSU PG UIF IFNJTQIFSF )PXFWFS VOUJM OPX OPOF PG UIF QFSQFUSBUPST PG UIF NBTTBDSFT IBWF CFFO USJFE PS charged for their sordid crimes. A researcher, Linda " .BMPOF RVFTUJPOT XIFUIFS UIFSF XBT BOZ KVTUJDF GPS 1BMFTUJOJBO -FCBOFTF BOE PUIFS WJDUJNT PG UIF NBTTBDSFT $BO UIF XPSME DPNNVOJUZ KVTUMZ DPOEFNO BOE QVOJTI UIF QFSQFUSBUPST PG UIF NBTTBDSFT $PVME

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JOUFSOBUJPOBM MBX PS BOZ PUIFS JOUFSOBUJPOBM KVSJTEJDUJPO JNQPTF SFTQPOTJCJMJUZ PO UIF DSJNJOBMT 5IFPSFUJDBMMZ UIF BOTXFS TIPVME CF i:FT w #VU GPS BMM QSBDUJDBM QVSQPTFT UIF BOTXFS TFFNT NPSF OFHBUJWF UIBO anything else.

5IF XPSME TIPVME OPU GPSHFU TVDI HSJFWPVT QFSJPET UIBU PWFSTIBEPXFE UIF IJTUPSZ PG IVNBOJUZ BOE TUBZ indifferent towards such atrocities. No criminal should CF BMMPXFE UP BWPJE KVTUJDF 4VDI XBS DSJNFT TIPVME OPU CF GPSHPUUFO TP UIBU HFOFSBUJPOT UP DPNF XJMM OFWFS repeat these heinous deeds, and learn from them.

BOSNIAN CHILDREN ON THE HORRORS OF WAR

EXCERPT FROM ZLATA’S DIARY:

a child’s life in wartime sarajevo.

APRIL 20, 1992 %&"3 .*..: 8BS JT OP KPLF JU TFFNT *U EFTUSPZT LJMMT CVSOT separates, brings unhappiness. Terrible shells fell UPEBZ PO #BTDBSTJKB UIF PME UPXO DFOUFS 5FSSJCMF explosions. We went down into the cellar, the cold, EBSL SFWPMUJOH DFMMBS "OE PVST JTO U FWFO BMM UIBU TBGF .PNNZ %BEEZ BOE * KVTU TUPPE UIFSF IPMEJOH PO to each other in a corner that looked safe. Standing there in the dark, in the warmth of my parents’ arms, I UIPVHIU BCPVU MFBWJOH 4BSBKFWP &WFSZCPEZ JT UIJOLJOH about it, and so am I. * DPVMEO U CFBS UP HP BMPOF UP MFBWF CFIJOE .PNNZ and Daddy, Grandma and Granddad. And going with KVTU .PNNZ JTO U BOZ HPPE FJUIFS The best would be for all three of us to go. But Daddy DBO U 4P * WF EFDJEFE XF TIPVME TUBZ IFSF UPHFUIFS 5PNPSSPX * MM UFMM ,FLB UIBU ZPV IBWF UP CF CSBWF BOE TUBZ XJUI UIPTF ZPV MPWF BOE UIPTF XIP MPWF ZPV

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.": %&"3 .*..: 5IF TIPPUJOH TFFNT UP CF EZJOH EPXO * HVFTT UIFZ WF caused enough misery, although I don’t know why. It IBT TPNFUIJOH UP EP XJUI QPMJUJDT * KVTU IPQF UIF iLJETw come to some agreement. Oh, if only they would, so XF DPVME MJWF BOE CSFBUIF BT IVNBO CFJOHT BHBJO * XBOU JU UP TUPQ GPS FWFS 1&"$& 1&"$&

VIETNAMESE CHILDREN ON THE HORRORS OF WAR

On June 8, 1972, South Vietnamese planes dropped a napalm bomb on Trang Bang, which had been attacked and occupied by North Vietnamese forces.

5IF 7JFUOBNFTF CPSO QFBDF BDUJWJTU ,JN 1IVD 1IBO 5IJ JT UIF MJWJOH TZNCPM PG UIF TVGGFSJOH PG JOOPDFOU XBS WJDUJNT )FS JNBHF PG CFJOH CVSOFE CZ OBQBMN EVSJOH the Vietnam War raised worldwide awareness of the horrors of the War and made her the bearer of the NFTTBHF PG GPSHJWFOFTT SFDPODJMJBUJPO BOE UPMFSBODF

The girl depicted in the picture is Kim Phuc on June 8, 1972: Kim Phuc, center running down a road nude near Trang Bang after a South Vietnamese Air Force napalm attack.

*O B DPNNFNPSBUJWF DFSFNPOZ GPS UIF 7JFUOBN 8BS JO 8BTIJOHUPO BT TIF XBT EFMJWFSJOH B TQFFDI TIF publicly pardoned the person who had launched the OBQBMN CPNCJOH PG IFS WJMMBHF JO 7JFUOBN Kim Phuc Phan Thi was designated UNESCO Goodwill "NCBTTBEPS JO &WFS TJODF TIF IBT EFEJDBUFE her life to promoting peace, and to this end she founded the Kim Foundation International. This GPVOEBUJPO IFMQT DIJMESFO XIP BSF WJDUJNT PG XBS CZ QSPWJEJOH NFEJDBM BOE QTZDIPMPHJDBM TVQQPSU JO PSEFS UIBU UIFZ PWFSDPNF UIFJS USBVNBUJD FYQFSJFODFT Kim Phuc said in London: “I see the picture and the documentary (referring to a film that was made about her life in 1997). That makes me remember all the time. I saw the airplane. I saw the fire. I got burned. I was so scared and crying and running out of the fire.�

Kim Phuc added later:

“Panicking under the fire I suddenly realised that my feet had not been burned. At least I could run away. If NZ GFFU XPVOE IBWF CFFO CVSOFE * XPVME IBWF EJFE JO the fire.� ,JN 1IVD EPFT OPU USZ UP BWPJE NFNPSJFT 4IF XBOUT to see the photograph exposed to future generations. “Let the world see how horrible wars can be�, Tom #VFSLMF PG UIF *)5 RVPUFT IFS

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JEWISH CHILDREN ON THE HORRORS OF WAR

anne frank’s diary

5IF UJNFMJOF PG "OOF T EJBSZ SFGFST UP UIF QFSJPE GSPN +VOF UP "VHVTU

After May 1940 the good times were few and far between: first there was the war, then the DBQJUVMBUJPO BOE UIFO UIF BSSJWBM PG UIF (FSNBOT which is when the trouble started for the Jews.

0VS GSFFEPN XBT TFWFSFMZ SFTUSJDUFE CZ B TFSJFT PG BOUJ +FXJTI EFDSFFT +FXT XFSF SFRVJSFE UP XFBS B ZFMMPX TUBS +FXT XFSF SFRVJSFE UP UVSO JO UIFJS CJDZDMFT +FXT XFSF GPSCJEEFO UP VTF TUSFFU DBST +FXT XFSF GPSCJEEFO UP SJEF JO DBST FWFO UIFJS PXO +FXT XFSF SFRVJSFE UP EP UIFJS TIPQQJOH CFUXFFO BOE 1 . +FXT XFSF SFRVJSFE UP GSFRVFOU POMZ +FXJTI PXOFE CBSCFSTIPQT BOE CFBVUZ QBSMPST +FXT were forbidden to be out on the streets between 1 . BOE " . +FXT XFSF GPSCJEEFO UP BUUFOE UIFBUFST NPWJFT PS BOZ PUIFS GPSNT PG FOUFSUBJONFOU Jews were forbidden to use swimming pools, tennis

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DPVSUT IPDLFZ Ă˝FMET PS BOZ PUIFS BUIMFUJD Ă˝FMET +FXT XFSF GPSCJEEFO UP HP SPXJOH +FXT XFSF GPSCJEEFO UP UBLF QBSU JO BOZ BUIMFUJD BDUJWJUZ JO QVCMJD +FXT were forbidden to sit in their gardens or those of UIFJS GSJFOET BGUFS 1 . +FXT XFSF GPSCJEEFO UP WJTJU $ISJTUJBOT JO UIFJS IPNFT +FXT XFSF SFRVJSFE UP BUUFOE +FXJTI TDIPPMT FUD :PV DPVMEO U EP UIJT BOE ZPV DPVMEO U EP UIBU CVU MJGF XFOU PO +BDRVF BMXBZT said to me, “I don’t dare do anything anymore, ‘cause I’m afraid it’s not allowed.â€?

Children Of Gaza Reliving The Horrors Of War In Their Artwork

Children should be painting pictures of life‌. not war and death, but the children of Gaza are still reliving the horrors of the Israeli blitzkrieg.

These children are talented, but their memories and nightmares have taken over their creativity.

The pictures retrieved from: http://electronicintifada.net/content/gazachildrens-images-war-censored-under-pressure-us-israel-lobby/10373

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Images taken by Ayman Quader

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Children Of Gaza Reliving The Horrors Of War In Their Artwork

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Children Of Gaza Reliving The Horrors Of War In Their Artwork

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Children Of Gaza Reliving The Horrors Of War In Their Artwork

*Note: A Bay Area children’s museum shut down a planned exhibition of Gaza children’s drawings

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KLFCW CONFERENCE ON WAR-AFFECTED CHILDREN On the morning of 22 November 2012, the Kuala Lumpur Foundation to Criminalise War (KLFCW) organised the INTERNATIONAL CONFERENCE ON WAR-AFFECTED CHILDREN, where invited speakers from within Malaysia and abroad spoke strongly on various critical issues in regard to the impact of war on children.

Under the theme of “Criminalising War and Protecting Children”, the Chairman and Founder of KLFCW, Tun Dr. Mahathir Mohamad, delivered a Keynote Address where he emphasised the JYPTPUHSP[` HUK M\[PSP[` VM ^HY HZ H TLHUZ VM YLZVS]PUN JVUÅPJ[Z /L Z[YLZZLK [OH[ [VKH`»Z JOPSKYLU being the leaders in their own countries in the future, must be made to understand this and be urged [V QVPU PU HUK WHY[PJPWH[L HJ[P]LS` PU [OL PU[LYUH[PVUHS JVTT\UP[`»Z LMMVY[Z PU JYPTPUHSPaPUN ^HY HUK energising peace.

The other speakers at the Conference spoke on a wide range of topics as shown below – 7YVM -YHUJPZ ( )V`SL WYVMLZZVY VM 0U[LYUH[PVUHS 3H^ H[ [OL <UP]LYZP[` VM 0SSPUVPZ <:( VU ¸3LNHS 7YV[LJ[PVU VM *OPSKYLU PU (YTLK *VUÅPJ[¹ 4Z *OLH 3LHUN *V 7YVZLJ\[VY VM [OL ,*** 7YVZLJ\[VY .LULYHS VM [OL :\WYLTL *V\Y[ VM Cambodia on “Khmer Rouge: Atrocities Committed on Children 7YVMLZZVY 7HVSH 4HUK\JH .LUL[PJPZ[ <UP]LYZP[` VM .LUVH VU ¸>OH[ >HY +VLZ ;V *OPSKYLU¹ ;\U +Y :P[P /HZTHO IPU[P 4VOK (SP ;Y\Z[LL VM 23-*> VU ¸*OPSKYLU»Z *OHY[LY [V *YPTPUHSPZL >HY¹ The Conference highlighted the fact that children have consistently become victims of war and HYTLK JVUÅPJ[ [OH[ WLY JLU[ VM ^HY»Z ]PJ[PTZ HYL JP]PSPHUZ THPUS` JOPSKYLU HUK ^VTLU [OH[ HSTVZ[ VUL OHSM VM [OL ^VYSK»Z TPSSPVU YLM\NLLZ HYL JOPSKYLU [OH[ ZVTL JOPSKYLU \UKLY eighteen had been forcibly recruited as soldiers, more than 2 million children had been killed, 6 million had been injured, over 10 million had been traumatised and more than 1 million orphaned in the 10 year period between 1986 and 1996 alone, that the number has increased over the years since then, and that some 10,000 children had become victims of landmines each year.

The participants at the Conference were also reminded that war violates every right of a child – the right to life, the right to be with family and community, the right to health, the right to the development of the personality and the right to be nurtured and protected.

With the realisation that unless wars are criminalised, more children will continue to become victims in the future, the participants at the Conference unanimously resolved that a “Children’s Charter to Criminalise War” should be passed.

The Board of Trustees of KLFCW, guided by what had transpired at the Conference, immediately established a Drafting Committee to work on a preliminary draft. The Drafting Committee had since Z\ITP[[LK P[Z WYVWVZHS HUK [OL KVJ\TLU[ ^HZ ÄUHSS` HWWYV]LK I` [OL )VHYK VM ;Y\Z[LLZ VM 23-*> ;OPZ KYHM[ *OHY[LY ^PSS IL ÄUHSS` SH\UJOLK MVY ZPNUH[\YL I` [OL *OPSKYLU VM [OL >VYSK VU [OL L]LUPUN of 22nd November 2012 by the Chairman and Founder of KLFCW, Tun Dr. Mahathir Mohamad at the Putra World Trade Centre, Kuala Lumpur.

The Children’s Charter to Criminalise War reads as follows –

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Children s Charter to Criminalise War We, the Children of the World, 3FBMJTJOH UIBU XBS BOE BSNFE DPOþJDU IBWF DPOTUBOUMZ CFFO VTFE CZ TUBUFT BOE HPWFSONFOUT BT JOTUSVNFOUT PG GPSFJHO QPMJDZ "DLOPXMFEHJOH UIBU XBST IBWF OFWFS CFFO UIF CFTU BOE KVTU TPMVUJPOT UP FOE DPOþJDUT BOE EJTQVUFT 3FDPHOJTJOH UIBU DIJMESFO IBWF DPOTJTUFOUMZ CFDPNF WJDUJNT PG XBS BOE BSNFE DPOþJDU 3FDBMMJOH UIBU QFS DFOU PG XBS T WJDUJNT BSF DJWJMJBOT NBJOMZ DIJMESFO BOE XPNFO 3FDBMMJOH UIBU BMNPTU POF IBMG PG UIF XPSME T NJMMJPO SFGVHFFT BSF DIJMESFO 3FDBMMJOH UIBU BQQSPYJNBUFMZ DIJMESFO VOEFS ZFBST PME IBWF CFFO GPSDFE PS JOEVDFE UP UBLF VQ BSNT BT DIJME TPMEJFST Recalling that between 1986 and 1996, armed conflicts killed 2 million children, JOKVSFE NJMMJPO USBVNBUJ[FE PWFS NJMMJPO BOE MFGU NPSF UIBO NJMMJPO PSQIBOFE 3FBMJTJOH UIBU FBDI ZFBS CFUXFFO BOE DIJMESFO BSF WJDUJNT PG MBOENJOFT 'VMMZ DPOTDJPVT UIBU XBS WJPMBUFT FWFSZ SJHIU PG B DIJME o UIF SJHIU UP MJGF UIF SJHIU UP CF XJUI GBNJMZ BOE DPNNVOJUZ UIF SJHIU UP IFBMUI UIF SJHIU UP UIF EFWFMPQNFOU PG UIF QFSTPOBMJUZ BOE UIF SJHIU UP CF OVSUVSFE BOE QSPUFDUFE $PODFSOFE UIBU VOMFTT XBST BSF DSJNJOBMJ[FE NPSF DIJMESFO XJMM CFDPNF WJDUJNT JO UIF GVUVSF

56 CRIMINALISE WAR NOVEMBER 2012

.JOEGVM UIBU UIF 6/ $POWFOUJPO PO UIF 3JHIUT PG UIF $IJME IBT SFDPHOJ[FE UIBU DIJMESFO EFTFSWF UP CF QSPUFDUFE BHBJOTU IBSN VOEFS JOUFSOBUJPOBM MBX Recalling further that the Kuala Lumpur War Crimes Foundation (KLFCW) is waging a noble effort to criminalise war and energise peace: %0 )&3&#: 3&40-7& "/% %&."/% UIBU o Wars of aggression must be made a crime and all their perpetrators be CSPVHIU UP KVTUJDF 4UBUFT BOE HPWFSONFOUT NVTU BMXBZT QSPUFDU DIJMESFO GSPN CFDPNJOH WJDUJNT PG XBST BOE BSNFE DPOþJDUT $IJMESFO NVTU OFWFS CF GPSDFE PS JOEVDFE UP QBSUJDJQBUF JO BOZ XBST PS BSNFE DPOþJDUT Children who are refugees in foreign countries or displaced within their own DPVOUSJFT NVTU CF HJWFO TQFDJBM DBSF BJE BOE BUUFOUJPO CZ UIF JOUFSOBUJPOBM DPNNVOJUZ $IJMESFO JO XBS [POFT BSFBT PG DPOþJDU PS EJTBTUFST NVTU CF SFTDVFE BOE HJWFO DBSF BOE QSPUFDUJPO VOUJM QFBDF BOE QVCMJD PSEFS IBT CFFO SFTUPSFE %0/& at the city of ,VBMB -VNQVS, Malaysia this UXFOUZ TFDPOE EBZ PG /PWFNCFS

MARISA MOKHZANI ."-":4*"

:&)#0//& #*&/ (SOUTH KOREA)

LEIGHIA JO-ANN STEPHEN (UNITED KINGDOM)

NISHI AHMAD TAHER (CANADA)

NOVEMBER 2012 CRIMINALISE WAR

57

ULI CALDINA DE OLIVEIRA (MOZAMBIQUE)

36#: &"45)01& 48"/ (AUSTRALIA)

AISHATH ZAHANATH AFEEF (MALDIVAS)

+&"//& -*/ :"/ -*/( (CHINA)

AKASH MILAN AGNIHOTRI (INDIA)

4"7*3" 8*/%:"/* 1653* (INDONESIA)

ABDUL QADER AFIF AL GAILANI (IRAQ)

MAMORU OSHIMA (JAPAN)

NATASHA LAMA (NEPAL)

GUIA ROSE NAVOA (PHILIPPINES)

HAQEEM MOERTON (USA)

58 CRIMINALISE WAR NOVEMBER 2012

AFNAN SALAHELDIN FARAJ (PALESTINE)

LIZAMARIE SHENALI BERNADINE GOONETILLEKE (SRI LANKA)

.% ".&&3 364:%* .% '"3*% (SINGAPORE)

DAVID ALEJANDRO ESTRADA ALVAREZ (ECUADOR)

PUTERI FATEH ARINA MERICAN ."-":4*"

In the presence of

THE RT. HONâ&#x20AC;&#x2122;BLE DATOâ&#x20AC;&#x2122; SRI MOHAMMAD NAJIB ABDUL RAZAK (PRIME MINISTER OF MALAYSIA)

H.E. TUN DR. MAHATHIR MOHAMAD (KLFCW FOUNDER / CHAIRMAN)

H.E. DATIN PADUKA SRI ROSMAH MANSOR

H.E. TUN DR. SITI HASMAH MOHD ALI (FOUNDER - CRIMINALISE WAR CLUB, MALAYSIAN CHAPTER )

5)& )0/ #-& %"50 4&3* 65"." %3 3"*4 :"5*.

(MINISTER OF INFORMATION, COMMUNICATION & CULTURE)

H.E. DATIN SERI UTAMA MASNAH RAIS

NOVEMBER 2012 CRIMINALISE WAR

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ESSAY WRITING COMPETITION All secondary and primary school children are invited to submit an essay, in their own hand-writing, of between ^VYKZ VU [OL [VWPJ!

â&#x20AC;&#x153; Why Wars Should Never Take Placeâ&#x20AC;? :[\KLU[Z HYL LUJV\YHNLK [V NP]L [OLPY V^U ]PL^Z L_WYLZZLK PU ,UNSPZO Z[H[PUN ^O` [OL` are against wars. This competition is open to all primary and secondary students in the country. They must be original . While students are encouraged to conduct their own YLZLHYJO [OL Ă&#x201E;UHS Z\ITPZZPVU T\Z[ UV[ IL ¸KV^USVHKLKš MYVT HU` ZLHYJO ZP[LZ ;OL essays must clearly show that each participant fully understands the subject and feels from the heart the cruelty of war and destruction. ;V LUZ\YL MHPYULZZ Z[\KLU[Z ^PSS IL JSHZZPĂ&#x201E;LK I` HNL NYV\WZ! " " HUK HIV]L ,HJO JH[LNVY` ^PSS OH]L ^PUULYZ VY LZZH`Z [OH[ HYL ZLSLJ[LK MVY ZWLJPHS TLU[PVU 7YPaLZ and commendations will be given to selected winners.

For the primary level, the same topic will apply and the same rules will be used in judging entries. Prizes will include book vouchers and comendations. **************** Those who are creative will want to consider joining the â&#x20AC;&#x153;Drawing Competitionâ&#x20AC;? whereby the theme will again be â&#x20AC;&#x153;anti-warâ&#x20AC;? but participants will be allowed to use their imagination on subject matter and their choice of materials used: water colour, crayons, or even oil.

Prizes for this section will also be vouchers and commendations. This competition is open to both primary and seconadry students. **************** Particpants for the above competitions must provide the following information: Â&#x2039; Â&#x2039; Â&#x2039; Â&#x2039;

5(4, 5(4, 6- :*/663 :;(5+(9+ -694 (., (SS LU[YPLZ T\Z[ IL Z\ITP[[LK ILMVYL [OL [O VM +LJLTILY [V

THE SECRETARY GENERAL KUALA LUMPUR FOUNDATION TO CRIMINALISE WAR 2nd Floor, 88 Jalan Perdana, Taman Tasek Perdana, 50480 Kuala Lumpur :LSLJ[LK ^PUULYZ ^PSS IL UV[PĂ&#x201E;LK ]PH [OLPY ZJOVVSZ

60 CRIMINALISE WAR NOVEMBER 2012