Mathaba is publishing this open letter from a reader, in view that would Saif-al-Islam be captured, its advice and premises are worthy of serious consideration, not as any endorsement of the alleged status of Saif-al-Islam al-Qaddafi:*
http://mathaba.net/news/?x=629522
By Eugene Shannon
http://pub.mathaba.net/author/eugene-shannon/
A prudent option must be put forward, one that protects the rights of Saif al-Islam, continues to uphold Zintan tribal responsibilities and its Code of Honor, and which, at the same time, attempts to bring forward both truth and justice for Saif and the Libyan people.
Reports surfaced that Saif al-Islam was apprehended through British tracking of phone messages, but fortunately, at the time he was in the area of the Zintan tribe, and between the Khadafi and Zintan tribes there is a 200 year old Tribal Code of Honor not to harm each others Prisoners of War – something the British were not aware of.
Two things are both obvious and significant here:
1) Saif is being treated in a humane manner by the Zintans, a fact noticeable from the videos released of Saif openly and freely talking with his captors. He told them that the time will soon come when they will regret their betrayal of the Jamahiriya, and the political consequences were openly discussed. We can assume that he is presently in good hands.
2) The decadent Anglo-American, French and their decrepit Middle East monarchs, along with their Zionist bedfellows, all would prefer him dead, which they had expected if not the Zintans to do, then Saif’s handover to the barbarous, NATO sponsored rulers now overseeing the once thriving, sovereign and developing nation of Libya, would most certainly then result in a Saddam Hussein style, “legal” lynching, at best.
So a prudent option must be put forward, one that protects the rights of Saif al-Islam, continues to uphold Zintan tribal responsibilities and its Code of Honor, and which at the same time attempts to bring forward both truth and justice for Saif and the Libyan people. At the same time, it should all the while demand full and complete adherence to International Law. The following recommendations are not put forward lightly. The ICC have shown themselves to be part of the New World Order nexus, and part of the conspiracy against the sovereignty of nations, and also an institution that acts contrary to the liberties of free people everywhere – especially Africa, but we still know it is certain that the UN, NATO, the Western powers and their allies would prefer the options outlined above; that Saif would be assassinated like his Martyred father Muammar and brave brother Mutassim, or “legally” lynched by the present Libyan peons installed through imperial perfidy.
Thus I propose, that under the terms and conditions of The Geneva Convention Relative to the Treatment of Prisoners of War (The Convention) the Zintan Elders themselves have the option of declaring who to hand him to for safety and protection, and eventually a trial, because he is their legally designated “Prisoner of War” under The Convention. The Zintan Tribe, if they choose to abide by The Convention, while at the same time upholding their Tribal Code of Honor, have the option under The Convention to hand him to a third party – a “neutral Power” who should be a signatorial member to The Convention – such as Russia, Malaysia or Venezuela, for instance. This transfer is expressly allowed under multiple circumstances and Articles of The Convention, including but not limited to :
Article 6:
In addition to the agreements expressly provided for in Articles 10, 23, 28, 33, 60, 65, 66, 67, 72, 73, 75, 109, 110, 118, 119, 122 and 132, the High Contracting Parties may conclude other special agreements for all matters concerning which they may deem it suitable to make separate provision. No special agreement shall adversely affect the situation of prisoners of war, as defined by the present Convention, nor restrict the rights which it confers upon them.
Prisoners of war shall continue to have the benefit of such agreements as long as the Convention is applicable to them, except where express provisions to the contrary are contained in the aforesaid or in subsequent agreements, or where more favourable measures have been taken with regard to them by one or other of the Parties to the conflict.
And Article 10:
“The High Contracting Parties may at any time agree to entrust to an organization which offers all guarantees of impartiality and efficacy the duties incumbent on the Protecting Powers by virtue of the present Convention.
When prisoners of war do not benefit or cease to benefit, no matter for what reason, by the activities of a Protecting Power or of an organization provided for in the first paragraph above, the Detaining Power shall request a neutral State, or such an organization, to undertake the functions performed under the present Convention by a Protecting Power designated by the Parties to a conflict.
If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept, subject to the provisions of this Article, the offer of the services of a humanitarian organization, such as the International Committee of the Red Cross to assume the humanitarian functions performed by Protecting Powers under the present Convention.
Any neutral Power or any organization invited by the Power concerned or offering itself for these purposes, shall be required to act with a sense of responsibility towards the Party to the conflict on which persons protected by the present Convention depend, and shall be required to furnish sufficient assurances that it is in a position to undertake the appropriate functions and to discharge them impartially.
No derogation from the preceding provisions shall be made by special agreements between Powers one of which is restricted, even temporarily, in its freedom to negotiate with the other Power or its allies by reason of military events, more particularly where the whole, or a substantial part, of the territory of the said Power is occupied.
Whenever in the present Convention mention is made of a Protecting Power, such mention applies to substitute organizations in the sense of the present Article.”
Therefore, handover of a declared POW for purposes of his health, safety and potentially a trial, would be executed under the conditions that a “neutral Power” assures his health, safety, and also guarantees Saif a fair trial before the ICC, if Saif mutually agrees with the Zintan to have the case against him heard before them or other such Judicial Body. Under Article 10 of The Convention, the “neutral Power” has the authority to thenceforth act under the same mandates as a “Protective Power”, with all the rights and responsibilities inherent therein.
Saif’s transfer to a “neutral Power” bestows tremendous authority to them, but should never supersede the Zintans rights and responsibilities. Nor would such a transfer relieve the Zintan of their continuing responsibilities under The Convention”.
As per Article 12:
“Prisoners of war are in the hands of the enemy Power, but not of the individuals or military units who have captured them. Irrespective of the individual responsibilities that may exist, the Detaining Power is responsible for the treatment given them.
Prisoners of war may only be transferred by the Detaining Power to a Power which is a party to the Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply the Convention. When prisoners of war are transferred under such circumstances, responsibility for the application of the Convention rests on the Power accepting them while they are in its custody.
Nevertheless, if that Power fails to carry out the provisions of the Convention in any important respect, the Power by whom the prisoners of war were transferred shall, upon being notified by the Protecting Power, take effective measures to correct the situation or shall request the return of the prisoners of war. Such requests must be complied with.”
Therefore, if at anytime subsequent to the transfer of Saif, the trial is determined to be unfair, both the “neutral Power” under The Convention, and the Zintan, by virtue of both their Tribal Code and The Convention, maintain the right to declare whether or not the trial is fair and impartial under internationally accepted norms of jurisprudence. For if at anytime they determine it is not, they possess the right – indeed, the responsibility – to demand custody and jurisdiction over Saif. Under Article 12 of The Convention “such demands must be complied with”. That’s International Law under The Convention. It is critical however that the “neutral Power” to whom Saif is transferred as a POW, who thenceforth acts under the provisions of a “Protective Power,” as well as the Zintan Tribe, the original “Detaining Power”, should unequivocally demand adherence to all conditions set forth in The Convention, especially maintaining the right for his return as plainly enunciated in Article 12.
Although the Red Cross often act as a “Protective Power”, there is no mandate that this be the case, and in Saif’s instance, certainly not recommended due to its funding from, and alliance with, Western governments. The same would hold for the Red Crescent. With that in mind, and operating under the belief, that if the trial were to be executed in a fair and just manner under principles and standards once accepted and understood as upholding International Law, Saif would be found innocent and the cultist miscreants who unleashed this unjust crusade against the Libyan and African people would themselves be exposed for their guilt involving Crimes Against the Peace, and Crimes against Humanity as International Law is codified under the Nuremburg Standard. But that is another matter that must be allowed to be raised as a defense during trial, for these are the charges effectively brought against Saif and the leadership of the Free Arab Jamahiriya. The purpose here is Saif’s immediate health and safety, then a process leading to an open and fair hearing before the ICC so that the world may be informed of the multitude of lies carried out by various institutions and forces of these now wholly corrupted world bodies, specifically the ICC, the UN, NATO and the Arab League.
Further, there is absolutely no requirement Saif, a POW under International Law, must be held in confinement or internment by agents of the ICC, NATO, or the UN, for during the entire process that duty can and must be undertaken by the “neutral Power”. So effectively, Saif would be held under the care and custody of the “neutral Power” during the entire process. This protection would thereby mitigate against the potential of a sudden illness befalling Saif if he were to be placed under the care of the above named, antagonistic institutions and political forces. This could avoid a repeat of what can be referred to as the “Milosevic malady”. The only requirement in this regards would be for Saif to agree to adhere to any reasonable conditions set forth by the Zintan, as well as those mandated under The Convention for a POW so transferred. For example, Saif would be denied discussions with Libyans or others who may still be involved with the conflict in any matters not directly pertaining to his defense.
The Zintan already refuse to hand Saif over to the monsters of Tripoli knowing their lack of constitutional authority, their lack of protections afforded POW’s throughout the conflict, and especially the treatment afforded both Muammar and Mutassim Khadafi, which combined stands as prima facie evidence of their inability to safeguard Saif’s rights under The Convention – never mind hold a fair and impartial trial. Therefore, during negotiations for Saif’s transfer to a willing and capable “neutral Power”, it is a simple matter for the Zintan, if this is their intent, to state their demand that the ICC be the forum for any potential trial. If the ICC refuses, then their lies and perfidy will be exposed.
Please keep in mind however that there is no requirement under The Convention that the Zintan or “neutral Power” must hand Saif over for a trial to the ICC. He can be transferred to a “neutral Power” for purposes of health and safety only, or, “No matter for what reason”, and the process is complete without a trial. This would especially be the case if they were to hand him to a “neutral Power” that does not recognize the authority of the ICC.
Indeed, if the Zintan Elders so desire, they could merely declare that their Sacred Tribal Bonds and Code of Honor supersedes any pronouncement of jurisdiction by the Western Powers and their imperial agents within the ICC, or any other International Body whose authority they would thereby simply refuse to recognize as holding pre-eminent, Juridical Title above the Zintan regarding the fate of Saif al-Islam Khadafi – the Tribal Bond thus holds supreme.
Not surprisingly, the ICC has already stated their most recent imperial proclamation that Saif be tried by their newly installed, appointed, and properly indoctrinated authorities in Libya. However, as per Protocol ll of The Convention, which enunciates the protections of POW’s held under conditions of a Civil, or, Internecine War, the Zintan, who were and are “a party to the conflict“, (leaving aside the issue and reality of illegal, foreign instigation and intervention) would be in violation of The Convention if they were to hand him over to the new civil authorities of Libya under the belief that his life and rights could not be guaranteed. Under that condition, any international authority who demanded such a handover of Saif to the new Libyan authorities would themselves also be in violation of The Convention. And for the Zintan Elders, a situation that could also violate its Sacred Tribal Honor.
Not that the Western elite or their despotic dark age, Middle Eastern despots respect any aspects of International Law anyways – unless certain items suit their purpose at the moment. International Law, as developed since the Treaty of Westphalia, and expanded into the later years of the 20th Century, is now, for all intents and purposes, dead. The honor of the Zintan in upholding their Tribal Bond is a noteworthy exception these days to the depravity of today’s Western elite, along with their Middle Eastern monarchist and Zionist allies.
Perhaps it will be this ancient tribal bond, and the Code of Honor displayed by the Zintan – arising from the continent of Africa, from whence civilization first sprung – that may again show humanity a true and wise path into a civilized future. This is the only available path to truth for the Libyan people, a path and process of truth that we may hope also leads to Libyan tribal and national reconciliation.
This proposal and path would also serve as the means and methods by which Saif and the true patriots of Libya can achieve justice – by upholding the highest principles enunciated during the past thousands of years of mankind’s longing for brotherhood between all men and woman of good will. Indeed, it may be mankind’s last chance to avoid the worldwide conflagration the Anglo-American empire has in store for us all, because war and pillage is the only means at their disposal for saving their hopelessly bankrupt financial institutions and governments. It now appears that they are even willing to gamble with WWIII if that is what it takes to maintain their pre-eminent position of world power. If people of good will wish to stop them, then Saif’s transfer and trial, conducted in the broad light of day, under fully recognized and enunciated principles of International Law, is a means of doing so.
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:Opinion articles are those of the author and do not necessarily reflect the views of Mathaba News Agency
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