DR. RIFAT MOUSTAFA
Lawyer & International
Arbitrator
ــــــــــــــــــــــــــــــــ
E. Mail : rifat1@scs-net.Org
TO ANY ONE WHO REFUSE TO GO TO IRAQ
GIVE THIS DEFENSE TO THE JUDGE
The charter of UN prevents:
1-Any aggression from any state on an other one
2- Any military invasion on others lands
The Human rights agreement prohibits killing and torture etc.
US.A signed the Charter of U.N ,indeed ,it was a partner and shared in issuing the Charter ,so U.S.A must be the first one to apply it and
As the U.S.A has waged an aggression war on Iraq depending on a lie reasons, and deceiving the U.S.A people and its army
So the leaders of this aggression war are criminals depending on the domestic U.S.A. LAWS ,International law ,the Charter of U.N and the H.R. law and
As Mr. Koki Anan declared that the war on Iraq is illegal and
As U.S.A. is a partner and signed on these conventions.
So the orders that the soldiers received to kill the people in Iraq are alleviated ones, in fact, are crimes and the soldiers must refuse them.
As. if the soldiers carry on these orders they"re considered criminals in front of all the International community, humanity, and U.S.A. people.
The Nuremberg Court in its law article no: 8 support what I mentioned above which stipulates:
“if the accused impacted his crime depending on the orders of his leaders or his government ,this will not release him off ;and he is responsible …etc”
As hundred thousands of Iraqi people were killed by U.S.A. army in dropping rockets on civil buildings and the military operations in the Iraqi cities; in fact thousands of women and children were killed by U.S.A. army guns and rockets; this makes an ashamed patch on U.S.A. ARMY which U.S.A administration cause. And
As the charter of U.N and human rights agreement are obliged to U.S.A. government as law must be applied in U.S.A courts depending on that U.S.A. is a party of these laws, so these laws are also must be obliged to U.S.A. soldiers and they must not violate them and kill the innocent people.
So these laws give the right to soldiers to refuse the orders to commit a crime. which had been appeared “to every one in the world that the invasion on Iraq is illegal ,and it depends on a cunning ,and deceiving
Information dealt by U.S.A. team of war ;in fact to kill people and get oil , changing the blood of U.S.A soldiers into oil to the benefit of those team.
In this case of Mr. Blake Lemoyne he refused to be a murderer, criminal man; he expressed his fact view ‘in Iraq which he said while deployed (IN Iraq) I encounter hatred, anger, wrath and racism .very seldom did Find these emotions wearing Iraq skin .It was the soldiers who I fought along side who portrayed these horrors of the human soul. Some might say that when I signed the army contract, I agreed to kill for the United States. However, when I signed the contract it was literally impossible for me to know the means with which our war was being waged .Now that Iam aware of the hatred and worth direct against the Arabic people, at least by the US soldiers, I can do no thing but withdraw my gun from service to the US military, s causes. Also I must state that, unfortunately, I cannot give the army any way from this day forward...”
Depending on what we mentioned above the international and legal responcipelity will be on who gave these orders to violate the laws and kill the people and destroy their property , then M r Blake has the right to refuse these orders and to be conscious and obliged to the laws
For these reasons we honnorly appeal the court to announce the innocence of Mr Blake and release him free
Dr.Rifat Moustafa
Lawyer & International Arbitrator
9/9/2005
