[Peace-discuss] News Gazoo: "Common Ground" on Genocidal Chief Illiniwak v UIlliniwaks Admitted Illiniwak Was Sick Joke & Demented Fraud in 1990

Boyle, Francis A fboyle at illinois.edu
Wed Apr 11 12:54:35 UTC 2018


Indictment of the Federal Government of the U.S. for the commission of
international crimes and petition for orders mandating its proscription and
dissolution as an international criminal conspiracy and criminal
organization

By Francis A. Boyle, Professor of International Law
18 September 1992

Introduction

All citizens of the World Community have both the right and the duty under
public international law to sit in judgment over a gross and consistent
pattern of violations of the most fundamental norms of international
criminal law committed by any member state of that same World Community.
Such is the case for the International Tribunal of Indigenous Peoples and
Oppressed Nationalities in the United States of America that convenes in San
Francisco during the weekend of October 1-4, 1992. Its weighty but important
task is to examine the long history of international criminal activity that
has been perpetrated by the Federal Government of the United States of
America against the Indigenous Peoples and Peoples of Color living in North
America since it was founded in 1787.

Toward that end, I have the honor to present to the Members of this Tribunal
the following charges against the Federal Government of the United States of
America under international criminal law. In light of the gravity, severity,
and longstanding nature of these international crimes and also in light of
the fact that the Federal Government of the United States of America appears
to be irrevocably committed to continuing down this path of lawlessness and
criminality against Indigenous Peoples and Peoples of Color living in North
America and elsewhere, I hereby petition the Members of this Tribunal to
issue an Order proscribing the Federal Government of the United States of
America as an International Criminal Conspiracy and a Criminal Organization
under the Nuremberg Charter, Judgment, and Principles as well as the other
sources of public international law specified below. For that reason, I also
request that the Members of this Tribunal issue an Order dissolving the
Federal Government of the United States of America as a legal and political
entity. Finally, I ask this Tribunal to declare that international legal
sovereignty over the Territories principally inhabited by the Native
American Peoples, the New Afrikan People, the Mexicano People, and the
People of Puerto Rico resides in the hands of these respective Peoples
Themselves.

In this regard, I should point out that the final Decision of this Tribunal
will qualify as a judicial decision within the meaning of article 38(1)(d)
of the Statute of the International Court of Justice and will therefore
constitute a subsidiary means for the determination of rules of law for
international law and practice. The Statute of the International Court of
Justice is an integral part of the United Nations Charter under article 92
thereof. Thus, this Tribunal's Decision can be relied upon by some future
International Criminal Court or Tribunal, as well as by any People or State
of the World Community that desires to initiate criminal proceedings against
named individuals for the commission of the following international crimes.
The Decision of this Tribunal shall serve as adequate notice to the
appropriate officials in the United States Federal Government that they bear
personal criminal responsibility under international law and the domestic
legal systems of all Peoples and States in the World Community for designing
and implementing these illegal, criminal and reprehensible policies and
practices against Indigenous Peoples and Peoples of Color living in North
America. Hereinafter, the Federal Government of the United States of America
will be referred to as the Defendant.

BILL OF PARTICULARS AGAINST
THE FEDERAL GOVERNMENT OF THE UNITED STATES OF AMERICA

The Native American Peoples

1. The Defendant has perpetrated innumerable Crimes Against eace, Crimes
Against Humanity and War Crimes against Native American Peoples as
recognized by the Nuremberg Charter, Judgment, and Principles.

2. The Defendant has perpetrated the International Crime of Genocide against
Native American Peoples as recognized by the 1948 Convention on the
Prevention and Punishment of the Crime of Genocide.

3. The Defendant has perpetrated the International Crime of Apartheid
against Native American Peoples as recognized by the 1973 International
Convention on the Suppression and Punishment of the Crime of Apartheid.

4. The Defendant has perpetrated a gross and consistent pattern of
violations of the most fundamental human rights of Native American Peoples
as recognized by the 1948 Universal Declaration of Human Rights.

5. The Defendant has perpetrated numerous and repeated violations of the
1965 International Convention on the Elimination of All Forms of Racial
Discrimination against Native American Peoples.

6. The Defendant has systematically violated 371 treaties it concluded with
Native American Peoples in wanton disregard of the basic principle of public
international law and practice dictating pacta sunt servanda.

7. The Defendant has denied and violated the international legal right of
Native American Peoples to self-determination as recognized by the 1945
United Nations Charter, the 1966 International Covenant on Civil and
Political Rights, the 1966 International Covenant on Economic, Social and
Cultural Rights, fundamental principles of customary international law, and
jus cogens.

8. The Defendant has violated the seminal United Nations Declaration on the
Granting of Independence to Colonial Countries and Territories of 1960 with
respect to Native American Peoples and Territories. Pursuant thereto, the
Defendant has an absolute international legal obligation to decolonize
Native American Territories immediately and to transfer all powers it
currently exercises there to the Native American Peoples.

9. The Defendant has illegally refused to accord full-scope protections as
Prisoners-of-War to captured Native American independence fighters in
violation of the Third Geneva Convention of 1949 and Additional Protocol I
thereto of 1977. The Defendant's treatment of captured Native American
independence fighters as common criminals and terrorists constitutes a grave
breach of the Geneva Accords and thus a serious war crime.

10. The Defendant has deliberately and systematically permitted, aided and
abetted, solicited and conspired to commit the dumping, transportation, and
location of nuclear, toxic, medical and otherwise hazardous waste materials
on Native American Territories across North America and has thus created a
clear and present danger to the lives, health, safety, and physical and
mental well-being of Native American Peoples in gross violation of article 3
and article 2(c) of the 1948 Genocide Convention, inter alia: Deliberately
inflicting on the group conditions of life calculated to bring about its
physical destruction in whole or in part; ....



Francis A. Boyle
Law Building
504 E. Pennsylvania Ave.
Champaign, IL 61820 USA
217-333-7954 (phone)
217-244-1478 (fax)
(personal comments only)


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