-Caveat Lector- MONDAY JUNE 07 1999 --------------------------------------------------------------------------- ----- The Clinton-Cohen indictment ---------------------------------------------------------------------------- ---- By Jerome Zeifman © 1999 Jerome Zeifman ---------------------------------------------------------------------------- --- THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE UNITED STATES THE PROSECUTOR OF THE TRIBUNAL AGAINST WILLIAM JEFFERSON CLINTON AND WILLIAM COHEN INDICTMENT* Charging CRIMES AGAINST HUMANITY and VIOLATIONS OF THE LAWS OR CUSTOMS OF WAR as set forth herein. GENERAL ALLEGATIONS William Jefferson CLINTON is President of the United States and Commander-in-Chief of its armed forces. William COHEN is Secretary of Defense of the United States, was formerly a United States Senator from Maine, and in 1974 was a member of the Committee on the Judiciary of the United States House of Representative during the 1974 impeachment proceedings against Richard M. Nixon, President of the United States. In July 1974 William COHEN advocated and voted for three articles of impeachment against Richard M. Nixon. Two of said articles charged Richard M. Nixon with crimes which he had not personally directed or known about prior to their commission by others. On July 30, 1974, William COHEN voted "No" against a proposed fourth article of impeachment charging Richard M. Nixon with unlawful bombing of the then-neutral country of Cambodia in usurpation of the United States Constitution's delegation of the sole power to declare war to the Congress of the United States. In explanation of his vote William COHEN stated: While this usurpation [of Congress's war powers] may have taken place, I happen to believe the usurpation has come about not through the boldness of President Nixon but rather on the default and sloth of the Congress. In 1973 William COHEN voted for the War Powers Resolution that was enacted by the United States Congress to prohibit further usurpation of its war powers by requiring an official act of said Congress to extend a military attack on a foreign country for more than 60 days. On March 24, 1999 William Jefferson Clinton ordered the military forces of the United States to participate in an aggressive military attack on former Yugoslavia and with the aid and abetment of William COHEN has continued the attacks to the present, in violation of the Constitution and War Powers Resolution of the United States. At all times relevant to this indictment, the armed forces of the United States have participated in aggressive military attacks on former Yugoslavia. As stated in paragraph 88 of the May 23, 1999 indictment of Slobodan Milosevic et al by the International Criminal Tribunal for former Yugoslavia: A superior is responsible for the acts of his subordinate(s) if he knew or had reason to know that his subordinate(s) was/were about to commit such acts or had done so and the superior failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof. The aforesaid precedents and legal principle and the allegations contained in paragraphs 1 through 8 are re-alleged and incorporated into each of the charges set forth below. CHARGES Beginning on or about March 24, 1999 and continuing until the date of this indictment, the armed forces of the United States, acting at the direction, with the encouragement, or with the support of William Jefferson CLINTON and William COHEN have executed an aggressive military campaign against former Yugoslavia based on political, racial, or religious grounds. William Jefferson CLINTON and William COHEN have planned, instigated, ordered, committed or otherwise aided and abetted the planning, preparation, or execution of action which they knew, or had reason to know, would result in the following acts. COUNT 1 The killing, injuring, terrorizing, and destruction of the homes of thousands of Serbian and other civilians in former Yugoslavia, including but not limited to, such acts as: 25,000 sorties and 14,000 missiles and bombs, 4,000 of which were not precision guided, as of May 1999; use of anti-personnel cluster bombs that have resulted to damage to hospitals, offices and residences of ambassadors, and the senseless and brutal killing of innocent civilians and conscripted troops; and the use of specific types of cluster bombs that are designed to kill and maim humans and are condemned almost universally by other nations. COUNT 2 The provocation of the government of former Yugoslavia to continue to increase the murder, terrorization, and deportation of Albania civilians in Kosovo, and such acts as are charged in the May 24, 1999 indictment of Slobodan Milosevic et al. COUNT 3 The usurpation of the sole power of the United States Congress to declare war and the violation of the War Powers Resolution of the United States, resulting in a counterproductive attack on Yugoslavia and the senseless and excessively brutal destruction of civilian life. ---------------------------------------------------------------------------- ---- * Note: The above-proposed indictment incorporates verbatim portions of the May 23, 1999 indictment of Molesivic et al. The acts alleged in Counts 1 and 3 are described in verbatim quotations from the May 27, 1999 New York Times article by President Jimmy Carter, stating "the decision to attack Yugoslavia [is] counterproductive, and our destruction of civilian life [is] senseless and excessively brutal." Count 2 is an abridged summary of acts charged in an open letter of Bishop Artemious of Kosovo, a leader of a democratic resistance movement against the Milosevic regime. ---------------------------------------------------------------------------- ---- Jerome Zeifman formerly served as Counsel to the House Judiciary Committee from 1961 to 1975 and as Professor of Law at the University of Santa Clara. 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