Americans are not traditionally good
listeners and we don’t have a commendable record when it comes to accepting
facts that we consider unpleasant; you know: “It can’t happened here.” And “That
doesn’t apply to us.” I must remind you that in every war there are WAR CRIMES
committed and there are WAR CRIMINALS…and that includes us. In this changing world we are no longer
above the law. There are no “statutes of limitation” for the prosecution of
war crimes and war criminals and I hope you will read the entirety of this
post in that regard.
There’s a long
road ahead in determining whether allegations that 94-year-old Michael
Karkoc of Minneapolis once led a Nazi military unit will
force him to leave the United States.
(BERLIN — A top
commander of a Nazi SS-led unit accused of burning villages filled with women
and children lied to American immigration officials to get into the United
States and has been living in Minnesota since shortly after World War II,
according to evidence uncovered by The Associated Press.)
German and Polish
authorities have expressed interest in pursuing war crimes investigations
against the Ukrainian immigrant, but authorities will first need to prove
that Karkoc lied on his U.S. citizenship application when he said he hadn’t
fought in World War II.
The United States
would have to revoke his citizenship — a rare step — before he could be
deported to face another country’s war crimes charges.
But St. Paul immigration
lawyer Kim Hunter suggested Karkoc’s case will be closely examined.
“These are very high
priority cases for the U.S. government,” Hunter said.
Karkoc, a retired
carpenter living in northeast Minneapolis, has received worldwide attention
since the Associated Press reported Friday that he had served as an officer
in a Nazi SS-led military unit responsible for burning villages and killing
many civilians in the final years of the war. Although the AP reported it had
not found evidence that Karkoc took a direct hand in war crimes, it said he
had apparently been present during several atrocities, including the vicious
suppression of Polish nationalists by the Germans in the 1944 Warsaw
uprising.
On Saturday,
Karkoc’s family continued to deny the allegations through an attorney.
Karkoc’s son called the AP report “sensationalist and scandalous” at a Friday
news conference.
AP Media
Relations Director Paul Colford said Saturday in a statement that the
organization stands by its story.
“It’s been
thoroughly reported,” he said, “including a description of Mr. Karkoc’s own
memoir documenting his past.”
Several other
national and international cases involving alleged Nazis have shown that time
can be the enemy when events are so far removed, the accused are so elderly
and so few witnesses remain.
In 1990, an
81-year-old Minneapolis man died in a nursing home before the Justice
Department could strip the Latvian immigrant of his citizenship and deport
him for war crimes. In 2011, John Demjanjuk was convicted of his role in the
killing of 28,000 Jews at a Nazi death camp in Poland, but he died while an
appeal was pending.
Still, local and
national Jewish human rights groups are pressing federal investigators to
take action.
“We should take
our historical responsibility seriously,” said Steve Hunegs, executive
director of the Jewish Community Relations Council of Minnesota and the
Dakotas.
“If it’s true,
he’s been hiding here all these years,” he said. “Suddenly the eyes of the
world will be on us.”
Age May Prevent Trial
According to the
AP, Karkoc told immigration officials in 1949 that he had performed no military
service during the war; he became a naturalized U.S. citizen in 1959. Proving
he lied on his citizenship form, an offense that would allow Karkoc to be
stripped of his U.S. citizenship, could take six months to a year, experts
said.
Even then, said University of Minnesota Law School Prof.
Fred Morrison, Karkoc may not automatically be deported from the United
States.
Another option,
Morrison said, is for Karkoc to be extradited to Poland or Germany, which
could happen even if Karkoc maintains his U.S. citizenship.
Still, Karkoc’s
age means he may never live to see a trial.
“Because of his
age, it seems he’d realistically not be tried for his war crimes,” Hunter
said about the 94-year-old. “It is a sort of race against time.”
In a letter to a
director at the Justice Department, the Simon Wiesenthal Center, an
international Jewish human rights organization in California, urged
authorities to immediately open an investigation of Karkoc. His age “should
have no bearing on the fact that he has never answered for the crimes he is
suspected of committing,” the letter argues.
Hunegs pointed
out that there is no statute of limitations on lying to immigration officials
or for murder. While it’s a long process, authorities should still pursue the
case against Karkoc, he said.
The decades that
Karkoc has lived in Minnesota, Hunegs added, are a “brazen” affront to
Holocaust survivors and World War II U.S. veterans.
“To think that
the very people that [veterans] fought may have received refuge in this
country is unfortunate,” he said.
Just last month,
a former Chicago resident and suspected Auschwitz concentration camp guard,
Hans Lipschis, was arrested in Germany — he was No. 4 on the Wiesenthal
Center’s list of most wanted Nazi criminals. The 93-year-old was deported from
the United States in 1983 after the Justice Department accused him of
concealing his Nazi past when he immigrated to the United States about 1956.
In Minnesota,
Edgars Inde, a Latvian immigrant accused of committing Nazi war crimes, died
before the U.S. government could finish a case against him.
In 1988, Inde was
linked to a secret Latvian police unit that executed thousands of Jews during
the German occupation. He was the first Minnesotan that the U.S. Office of
Special Investigations sought to deport for alleged involvement in Nazi
atrocities.
U.S.
investigators argued that he concealed his identity and lied about his
membership with the police unit. Inde denied the allegations and the case
stalled when his health failed. It was dismissed at his death in 1990.
No matter its
conclusion, Karkoc’s case is likely to make history because of the way it
surfaced, with a British amateur historian contacting the AP after doing an
online search on Karkoc.
Morrison, the U
professor, said it could spur new cases.
“That makes a big
change in the ways things can be pursued,” he said. “Really you can’t hide in
plain sight anymore.”
To all
outward appearance, Michael Karkoc, commander of a unit accused of murdered
civilians during World War II is a pretty nice fellow: father, kindly
neighbor, the old man down the block that always has a greeting for everyone.
The accused Nazi baby killer hid his sins well. Karkoc obviously lied to US
immigration officials about his military service to gain entry into the
United States.
Hiding
in Minnesota since shortly after the end of World War II, Michael Karkoc, 94,
was a high ranking commander of a Nazi SS-led 115 man unit said to have
murdered the innocent: burning villages filled with villagers trapped inside
their homes.
In 1949,
when Karkoc entered the United States he told authorities he had never
performed any military service during the war. Wrong! Karkoc was in fact
covering up his reprehensible past as a ranking officer and founding member
of the infamous Ukrainian Self Defense Legion. That wasn’t the only black
blotch on his lily-white soul.
Although
records to date do not reveal the depth of Karkoc’s involvement in war
crimes, they do confirm his presence at the massacre. Statements taken from
the men of his unit and other substantiating documents seem to confirm Karkoc
Ukrainian company slaughter helpless civilians: mainly the elder, women and
children.
In
evidenced, uncovered by The Associated Press (AP) and obtained through a
Freedom of Information Act request, Karkoc has been secretly living in
Minnesota since entering the country.
Nazi SS
documents and testimony from members of his unit confirm Karkoc and his men
were involved also in the atrocities in the 1944 Warsaw Uprising.
The AP
report states, “Polish prosecutors announced Friday after the release of the
AP investigation that they will investigate Karkoc and provide “every
possible assistance” to the U.S. Department of Justice, which has used lies
in immigration papers to deport dozens of suspected Nazi war criminals. The
AP evidence of Karkoc’s wartime activities has also prompted German
authorities to express interest in exploring whether there is enough to
prosecute. In Germany, Nazis with “command responsibility” can be charged
with war crimes even if their direct involvement in atrocities cannot be
proven.”
A
retired clinical pharmacologist, Stephen Ankier, based in London is credited
with ferreting out the sadist Karkoc. Ankier who took up Nazi war crime
research as a retirement past time ran across Korkoc when researching members
of the SS Galician Division who emigrated to Britian. When an Internet search
revealed an address for Karkoc, Ankier called the Associated Press.
Ankier
stated, “Here was a chance to publicly confront a man who commanded a company
alleged to be involved in the cruel murder of innocent people.”
The AP
report said, AP “located Karkoc’s U.S. Army intelligence file, and got it
declassified by the National Archives in Maryland through a FOIA request. The
Army was responsible for processing visa applications after the war under the
Displaced Persons Act.”
A lead
story today on MSN reports, “Efraim Zuroff, the lead Nazi hunter at the Simon
Wiesenthal Center in Jerusalem, said that based on his decades of experience
pursuing Nazi war criminals, he expects that the evidence showing Karkoc lied
to American officials and that his unit carried out atrocities is strong
enough for deportation and war-crimes prosecution in Germany or Poland.”
“In
America this is a relatively easy case: If he was the commander of a unit
that carried out atrocities, that’s a no brainer,” Zuroff commented. “Even in
Germany … if the guy was the commander of the unit, then even if they can’t
show he personally pulled the trigger, he bears responsibility.”
The MSN
piece further reports, “Ivan Katchanovski, a Ukrainian political scientist
who has done extensive research on the Self Defense Legion, said its members
have been careful to cultivate the myth that their service to Nazi Germany
was solely a fight against
Soviet
communism. But he said its actions — fighting partisans and reprisal attacks
on civilians — tell a different story. Under the pretext of anti-partisan
action they acted as a kind of police unit to suppress and kill or punish the
local populations. This became their main mission,” said Katchanovski, who
went to high school in Pidhaitsi and now teaches at the University of Ottawa
in Canada. “There is evidence of clashes with Polish partisans, but most of
their clashes were small, and their most visible actions were mass killings
of civilians.”
When
confronted by reporters at his home in Minneapolis, Karkoc shook his fist in
anger, stauchly refusing to discuss his horrific history. Using Karkoc’s son
as an intermediary, AP extended repeated requests for an interview to allow
Karkoc to tell his side of the story. All requests were refused. “I don’t
think I can explain,” Karkoc said.
Ed’s
Notes:
My
Monthly Briefing……
http://publicinternationallawandpolicygroup.org/wp-content/uploads/2013/06/WCPW_061713_Master.html
Bush Convicted of War Crimes in Absentia
In
November 2011 the Kuala Lumpur War Crimes Commission tribunal exercised universal
jurisdiction to try in absentia former US President George W. Bush and former British Prime Minister Tony Blair, convicting both for crimes against peace because of what the tribunal
concluded was the unlawful invasion of Iraq.
In May
2012 after hearing testimony for a week from victims of torture at Abu Ghraib and Guantanamo, the tribunal unanimously
convicted in absentia former President Bush, former Vice
President Dick Cheney, former Defense Secretary Donald Rumsfeld, former Deputy Assistant
Attorneys General John Yoo and Jay Bybee, former Attorney General Alberto Gonzales, and former counselors David Addington and William Haynes II of conspiracy to commit war crimes,
specifically torture.[10] The
tribunal referred their findings to the chief prosecutor at the International
Court of Justice in
the Hague.
Kuala
Lumpur — It’s official; George W Bush is a war criminal.
In
what is the first ever conviction of its kind anywhere in the world, the
former US President and seven key members of his administration were
yesterday (Fri) found guilty of war crimes.
Bush,
Dick Cheney, Donald Rumsfeld and their legal advisers Alberto Gonzales, David
Addington, William Haynes, Jay Bybee and John Yoo were tried in absentia in
Malaysia.
The
trial held in Kuala Lumpur heard harrowing witness accounts from victims of
torture who suffered at the hands of US soldiers and contractors in Iraq and
Afghanistan.
They
included testimony from British man Moazzam Begg, an ex-Guantanamo detainee
and Iraqi woman Jameelah Abbas Hameedi who was tortured in the notorious Abu
Ghraib prison.
At
the end of the week-long hearing, the five-panel tribunal unanimously
delivered guilty verdicts against Bush, Cheney, Rumsfeld and their key legal
advisors who were all convicted as war criminals for torture and cruel,
inhumane and degrading treatment.
Full
transcripts of the charges, witness statements and other relevant material
will now be sent to the Chief Prosecutor of the International Criminal Court,
as well as the United Nations and the Security Council.
The
Kuala Lumpur War Crimes Commission is also asking that the names of Bush,
Cheney, Rumsfeld, Gonzales, Yoo, Bybee, Addington and Haynes be entered and
included in the Commission’s Register of War Criminals for public record.
The
tribunal is the initiative of Malaysia’s retired Prime Minister Mahathir
Mohamad, who staunchly opposed the American-led invasion of Iraq in 2003.
He
sat through the entire hearing as it took personal statements and testimonies
of three witnesses namely Abbas Abid, Moazzam Begg and Jameelah Hameedi. The
tribunal also heard two other Statutory Declarations of Iraqi citizen Ali
Shalal and Rahul Ahmed, another British citizen.
After
the guilty verdict reached by five senior judges was delivered, Mahathir
Mohamad said: “Powerful countries are getting away with murder.”
War
crimes expert and lawyer Francis Boyle, professor of international law at the
University of Illinois College of Law in America, was part of the prosecution
team.
After
the case he said: “This is the first conviction of these people anywhere in
the world.”
While
the hearing is regarded by some as being purely symbolic, human rights
activist Boyle said he was hopeful that Bush and Co could soon find
themselves facing similar trials elsewhere in the world.
“We
tried three times to get Bush in Canada but were thwarted by the Canadian
Government, then we scared Bush out of going to Switzerland. The Spanish
attempt failed because of the government there and the same happened in
Germany.”
Boyle
then referenced the Nuremberg Charter which was used as the format for the
tribunal when asked about the credibility of the initiative in Malaysia. He
quoted: “Leaders, organizers, instigators and accomplices participating in
the formulation or execution of a common plan or conspiracy to commit war
crimes are responsible for all acts performed by any person in execution of
such a plan.”
The
US is subject to customary international law and to the Principles of the
Nuremberg Charter said Boyle who also believes the week-long trial was
“almost certainly” being monitored closely by both Pentagon and White House
officials.
Professor
Gurdial Singh Nijar, who headed the prosecution said: “The tribunal was very
careful to adhere scrupulously to the regulations drawn up by the Nuremberg
courts and the International Criminal Courts”.
He
added that he was optimistic the tribunal would be followed up elsewhere in
the world where “countries have a duty to try war criminals” and he cited the
case of the former Chilean dictator Augustine Pinochet who was arrested in
Britain to be extradited to Spain on charges of war crimes.
“Pinochet
was only eight years out of his presidency when that happened.”
The
Pinochet case was the first time that several European judges applied the
principle of universal jurisdiction, declaring themselves competent to judge
crimes committed by former heads of state, despite local amnesty laws.
Throughout
the week the tribunal was packed with legal experts and law students as
witnesses gave testimony and then cross examination by the defense led by
lawyer Jason Kay Kit Leon.
The
court heard how:
·
Abbas Abid, a
48-year-old engineer from Fallujah in Iraq had his fingernails removed by
pliers.
·
Ali Shalal was
attached with bare electrical wires and electrocuted and hung from a wall.
·
Moazzam Begg was
beaten, hooded and put in solitary confinement.
·
Jameelah was
stripped and humiliated, and was used as a human shield whilst being
transported by helicopter.
The
witnesses also detailed how they have residual injuries till today.
Moazzam
Begg, now working as a director for the London-based human rights group
Cageprisoners said he was delighted with the verdict, but added: “When people
talk about Nuremberg you have to remember those tried were all prosecuted
after the war.
“Right
now Guantanamo is still open, people are still being held there and are still
being tortured there.”
In
response to questions about the difference between the Bush and Obama
Administrations, he added: “If President Bush was the President of
extra-judicial torture then US President Barak Obama is the President of
extra judicial killing through drone strikes. Our work has only just begun.”
The
prosecution case rested on proving how the decision-makers at the highest
level President Bush, Vice-President Cheney, Secretary of Defence Rumsfeld,
aided and abetted by the lawyers and the other commanders and CIA officials –
all acted in concert. Torture was systematically applied and became an
accepted norm.
According
to the prosecution, the testimony of all the witnesses exposed a sustained
perpetration of brutal, barbaric, cruel and dehumanising course of conduct
against them.
These
acts of crimes were applied cumulatively to inflict the worst possible pain
and suffering, said lawyers.
The
president of the tribunal Tan Sri Dato Lamin bin Haji Mohd Yunus Lamin, found
that the prosecution had established beyond a “reasonable doubt that the
accused persons, former President George Bush and his co-conspirators engaged
in a web of instructions, memos, directives, legal advice and action that
established a common plan and purpose, joint enterprise and/or conspiracy to
commit the crimes of Torture and War Crimes, including and not limited to a
common plan and purpose to commit the following crimes in relation to the
“War on Terror” and the wars launched by the U.S. and others in Afghanistan
and Iraq.”
President
Lamin told a packed courtroom: “As a tribunal of conscience, the Tribunal is
fully aware that its verdict is merely declaratory in nature.
The
tribunal has no power of enforcement, no power to impose any custodial
sentence on any one or more of the 8 convicted persons.
What we can do, under Article 31 of Chapter VI of Part 2
of the Charter is to recommend to the Kuala Lumpur War Crimes Commission to
submit this finding of conviction by the Tribunal, together with a record of
these proceedings, to the Chief Prosecutor of the International Criminal
Court, as well as the United Nations and the Security Council.
“The Tribunal also recommends to the Kuala Lumpur War
Crimes Commission that the names of all the 8 convicted persons be entered
and included in the Commission’s Register of War Criminals and be publicized
accordingly. (THIS HAS BEEN DONE!)
“The Tribunal
recommends to the War Crimes Commission to give the widest international
publicity to this conviction and grant of reparations, as these are universal
crimes for which there is a responsibility upon nations to institute
prosecutions if any of these Accused persons may enter their jurisdictions”.
The activist group Anonymous has
leaked more than a dozen National Security Agency documents, including the U.S. Department of Defense's
'Strategic Vision' for controlling the Internet, according to
a report on tech news website Gizmodo.
The
documents — 13 in total — were posted online, Gizmodo reported, along
with the accompanying message, "Full of the normal Anonymous
bluster: people won’t be silenced, they have the memory of trivia-master
elephants, the governments of the world will fall."
The
documents relate primarily to the government's PRISM program and appear to be
dated mostly from around 2008, not long after PRISM allegedly came into
being.
One
of Anonymous' key highlights is the existence of an
"intelligence-sharing network" that shares data gleaned from PRISM
with "intelligence partners" around the world, Gizmodo reported.
|
Monday, June 17, 2013
There Are No Statutes Of Limitation In The Prosecution Of War Crimes And War Criminals...Hence... Michael Karkoc and Our Own!
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