And now:Ish <[EMAIL PROTECTED]> writes: Date: Thu, 17 Jun 1999 12:32:46 -0700 (PDT) From: John Shafer <[EMAIL PROTECTED]> X-Sender: wy430@vtn1 To: [EMAIL PROTECTED] Subject: Bruce Clark on Balkan war implications Message-ID: <Pine.GSO.3.95.iB1.0.990617122206.10391I-100000@vtn1> MIME-Version: 1.0 Content-Type: MULTIPART/ALTERNATIVE; BOUNDARY=------------B037A3419D8515E53EAEDE42 Content-ID: <Pine.GSO.3.95.iB1.0.990617122206.10391J@vtn1> ---------- Forwarded message ---------- Date: Wed, 16 Jun 1999 17:55:46 -0500 From: b1tsgo13 <[EMAIL PROTECTED]> Subject: Legal intervention Serbian Contribution to Humankind If out of the ashes to which Serbia has been reduced justice as the application of truth to affairs can be coaxed, the suffering may not have been entirely in vain. In consequence of the invasion, national sovereignty arguably has been rendered subject to fundamental human rights in international law. Since the essence of the rule of law is equal application, if this new principle applies no less to Canada and the USA than to Yugoslavia the rule of law structurally will have been established as the cornerstone of the emerging world order. Imperial tyranny masquerading as the rule of law is the alternative. The lesson from the European invasion of North America is that the precondition to justice under the rule of law is third-party adjudication. The specific legal remedy was guaranteed to the native nations of this continent in 1704, when the international and constitutional law case of Mohegan Indians v. Connecticut was decided. Subsequently the natives were denied that remedy, when Canada and the USA with genocidal consequence employed their own courts systems as agents in the theft of the continent. If the natives protested too vociferously the illegality, they were labeled terrorists and neutralized in virtue of what were termed "just wars' in the defense of innocent settlers, i.e., the invaders. Serbia, from one perspective, can be seen as the new Indian country. If she or her friends are able successfully to insist upon third-party adjudication the Serbian people may succeed, where the native nations of North America have failed, the consequence of which success will be the inauguration of an era of justice in world affairs. The issue of third-party adjudication may be focused, for precedent-making purposes, by commencing actions for damages in different courts. At the North American domestic court level, this can take the form of Serbs suing the American President and Canadian Prime Minister for recognition of the inherent remedy of third-party adjudication to recover money damages for genocide against Serbs. As used here, "genocide" signifies "intentional complicity in killing or imposing serious bodily or mental harm against a part of a national group" within the meaning of those words in articles 2(a), 2(b) and 3(e) of the Convention for the Prevention and Punishment of the Crime of Genocide, 1948. (It is presumed for legal purposes that, unless proven otherwise, people intend the reasonably foreseeable consequences of their actions.) At the international level actions could be commenced on the same grounds in European domestic courts, with a view to appealing to the European Court of Human Rights. Additionally, expatriate Serbs might support some native nation to apply to intervene as a state in the action pending in the International Court of Justice between Yugoslavia v. Canada, on the ground that Canada should not be permitted in that action to accuse Serbians of genocide while breaching the genocide convention at home, i.e., invoking the equal application of the "clean hands doctrine." Ottawa, June 16, 1999 Bruce Clark, LL.B., M.A., Ph.D. International law consultant (license to practice law in Ontario revoked 1999) --------------------------------------------------------------- for more information on Bruce Clark : http://kafka.uvic.ca/~vipirg/SISIS/Clark/main.html Reprinted under the fair use http://www4.law.cornell.edu/uscode/17/107.html doctrine of international copyright law. &&&&&&&&&&&&&&&&&&&&&&&&&& Tsonkwadiyonrat (We are ONE Spirit) Unenh onhwa' Awayaton http://www.tdi.net/ishgooda/ &&&&&&&&&&&&&&&&&&&&&&&&&&