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[casi] Greek lawyers to sue Blair for war crimes



http://www.wsws.org/articles/2003/jun2003/grce-j02.shtml

Greek lawyers to sue Blair for war crimes

By Richard Tyler
2 June 2003


The Athens Bar Association has announced it will file a suit against British
Prime Minister Tony Blair for “crimes against humanity and war crimes” for
his role in the Iraq war. Association President Dimitris Paxinos told the
press the organisation was also considering launching an action against
Spanish Prime Minister Jose Maria Aznar, who also backed the invasion of
Iraq.

Paxinos said the suit would be filed within a fortnight before the recently
inaugurated International Criminal Court (ICC) at The Hague. The association
felt an “ethical and juristic responsibility” to seek action from the ICC,
Paxinos added.

Ninety countries have ratified the Rome Statute of the ICC adopted in July
1998, establishing the jurisdiction of the court to deal with what are
considered the gravest international crimes including genocide, crimes
against humanity and war crimes.

Since the US is not a signatory to the ICC, no American officials can be
prosecuted.

The court is only competent to deal with crimes committed after the statute
came into effect in July 2002. Cases may be submitted to the ICC either by
the United Nations Security Council, by one of the signatory states or by
the ex-officio prosecutor, acting on the basis of information received from
victims, Non-Governmental Organisations or other sources considered
appropriate. This would seem to provide grounds for an application from the
Athens Bar Association to be considered.

Under the Rome Statute, prime ministers can no longer hide behind their
office, since the statute applies “equally to all persons without any
distinction based on official capacity. In particular, official capacity as
a Head of State or Government, a member of a Government or parliament.”

A Downing Street spokesperson rejected the Greek lawyers’ claims that Prime
Minister Blair and Foreign Minister Jack Straw were guilty of war crimes.
“As we have made clear on a number of occasions, the British government has
acted in accordance with international law.” However, the Blair government
still refuses to publish the legal advice it was given by its most senior
law officers on the eve of the war.

The ICC said it could only consider the Greek case after its first
prosecutor, Argentinean lawyer Luis Moreno, was sworn in on June 16.




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