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PAS : KE ARAH PEMERINTAHAN ISLAM YANG ADIL
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Seorang Profesor Amerika mempertikai tindakan Bush berperang
dengan Taliban. Kenapa Amerika bertindak tanpa bukti yang kukuh?
Kenapa tidak dibuat perbicaraan terlebih terhadap Osama dan Taliban
di mahkamah pengadilan antarabangsa. Kata beliau, Taliban menjadi
mangsa kekejaman dan rakyat Afghanistan dibunuh oleh Amerika
tanpa belas kasihan. Rencana ini sangat panjang dalam Bahasa
Inggeris. Saya akan memetik isi-isi yang sensasi sahaja.
Profesor itu membuktikan bahawa perang di Afghanistan ialah perang
terhadap Islam, bukan perang terhadap keganasan. Oleh itu ummat
Islam di Afghanistan berhak mempertahankan diri mereka (berjihad).
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Francis A. Boyle
Law Building
504 E. Pennsylvania Ave.
Champaign, IL 61820 USA
217-333-7954(voice)
217-244-1478(fax)
[EMAIL PROTECTED] <mailto:[EMAIL PROTECTED]>
I want to start out with my basic thesis that the Bush administra-
tion�s war against Afghanistan cannot be justified on the facts or
the law. It is clearly illegal. It constitutes armed aggression.
It is creating a humanitarian catastrophe for the people of Afghan-
istan. It is creating terrible regional instability.
Right now we are having artillery barrages across the border bet-
ween India and Pakistan which have fought two wars before over
Kashmir and yet today are nuclear armed. The longer this war goes
on, the worse it is going to be not only for the millions of people
in Afghanistan but also in the estimation of the 1.2 billion Muslims
of the world and the 57 Muslim states in the world, none of which
believe the Bush administration�s propaganda that this is not a
war against Islam.
Now let me start first with the facts. As you recall, Secretary of
State Colin Powell said publicly they were going to produce a white
paper documenting their case against Osama bin Laden and their
organization Al Qaeda. Well, of course, those of us in the peace
movement are familiar with white papers before. They�re always laden
with propaganda, half-truths, dissimulation, etc. that are usually
very easily refuted after a little bit of analysis. What happened
here? We never got a white paper produced by the United States
government. Zip, zero, nothing.
We are not going to get that investigation, and yet today we are
waging war against Afghanistan on evidence that Secretary of State
Powell publicly stated is not even circumstantial.
And this is not self-defense what we are doing in Afghanistan. Since
none of these justifications and pretexts hold up as a matter of law,
then what the United States government today is doing against Afghan-
istan constitutes armed aggression. It is illegal. There is no
authority for this.
Now the government of Afghanistan (Taliban) made repeated offers
to negotiate a solution to this dispute. Even before the events of
September 11, negotiations were going on between the United States
and the government of Afghanistan over the disposition of bin Laden.
They had offered to have him tried in a neutral Islamic court by
Muslim judges applying the law of Shariah. This was before the
latest incident. We rejected that proposal. After September 11 they
renewed the offer. What did President Bush say? No negotiations.
There�s nothing to negotiate.
The Pentagon launched this thing. Obviously, they felt they could
keep it under control. That�s what the people in August of 1914,
thought, too, when you read Barbara Tuchman�s The Guns of August.
Everyone figured the situation could be kept under control, and it
wasn�t, and there was a world war 10 million people died. We�re
already seeing, after President Bush started this war, artillery
duels between India and Pakistan. Massive unrest is in all of these
Muslim countries, and the longer the war goes on, I submit, the
worse it is going to become, the more dangerous it is going to
become, the more unstable it is going to become.
If a U.S. military [person] were to be captured, clearly, he or she
would be entitled to all the benefits and protections of the third
Geneva Convention, on prisoners of war. But the problem now is
that President Bush has basically said, openly, publicly and of-
ficially, that we are not going to give prisoner-of-war benefits,
or fourth Geneva Convention civilian benefits, to al Qaeda members,
to former al Qaeda members, or to those who have sheltered, harbored
or assisted them. That opens us up for reprisals. It opens up our
own armed forces to be denied prisoner-of-war treatment. So, what
we�re doing here is exposing them to a similar type of treatment,
which would be a summary trial, in secret, subject to the death
penalty.
The latest figure I�ve read is upwards of eleven hundred aliens,
Arabs, Muslims, who have just disappeared somewhere. We don�t know
where they are or the conditions under which they are being held.
We have no idea whether they have access to attorneys. We do know
one of them died, under highly suspicious circumstances, while in
custody. There have been reports that he was tortured to death.
I should point out that the phenomenon of disappearance is con-
sidered a crime against humanity [by] the International Criminal
Court. This is very dangerous.
The critical question is: When will the FBI, the CIA and the
National Security Agency start to turn these powers, that they have
under the Ashcroft police state bill, against American citizens?
Clearly, that will be the next step.
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