Prosecuting Tony Blair and others

Preface

Under the title “Introduction” is a somewhat polemic and personal introduction as to who I am and why I felt compelled, back on 20 March last, to accuse, and indeed why I am so forward as to have taken it upon myself to accuse, the Prime Minister, the Foreign Secretary and the Defence Secretary, both in person and officially, of having committed a “Crime Against Peace “ (as per the “Nuremberg Principles”) and against the common law of this country. So if you enjoy a good rant on the web that’s a good place to start.

Under the title “Letter to Horseferry Road Magistrates” I set out a copy of my covering letter to the Clerk to Justices’ of that Court, attached to which were the several ‘informations’ which I thereby laid before her. The ‘laying of an information’ is merely the legal term of art whereby a criminal accusation is formally placed before a magistrates’ court, with a view thereby to the issue of a summons.

From that point the documentary materials provided on this site divide into three broad categories.

[1] Court Documents.

These comprise mainly in the informations themselves, I recommend that you try the page entitled “Example information Mr Tony Blair” as a good place to sample the language of the formal action papers, the other informations differing really only in marginal details.

[2] Legal Issues.

The section entitled legal issues sets out 14 questions whereby many of the legal points that may arguably be raised for consideration upon the determination of the informations are laid out.

5 of the topics thus raised are dealt with together in a further page entitled “Five Short Expositions”. The remaining nine issues are dealt with at greater length, each in a page to itself.

a) “Crimes Against Peace”under which a brief exposition of the definition is given and a link provided to the full text of the “Nuremberg Principles” themselves.

b) “Aggression” under which a brief exposition of the definition is given and a copy provided of the relevant part of the International Law Commission’s Draft Code on Crimes Against the Peace and Security of Mankind. A link is also provided to the text of General Assembly Resolution 3314 wherein the United Nations sought to set out a useful guide for the Security Council on the "definition of aggression".

c) “Doctrine of Adoption” under which an exposition is given on the common law doctrine whereby the elements of customary international law are adopted into and form a part of the English Common law, which is within the juridical (of laws) jurisdiction of the magistrates’ courts to act.

d) “No Prerogative for Crime” under which an exposition is given to establish that whilst certain acts performed under the common law prerogatives of the Crown may be beyond the self-made jurisdiction of the courts, when in exercise of their power for “judicial review of executive action”; never the less the long established foundations of the unwritten constitution mean that there can be no immunity from prosecution for a crime, merely because the act was purportedly performed in exercise of such prerogative powers.

e) “Material Considerations” sets out the established general issues to which a Justice of the Peace should have regard when deciding whether to issue a summons, including especially the issue of whether the motives of the informant are “bona fide”.

f) “Non-Justiciability” Concerns itself with a detailed examination of recent English authorities on the doctrine of “non-justiciability”, especially the “CND” case last December to judicially review the infamous Resolution 1441; in order to establish that there is no authority for the absurd proposition that the commission of a crime, by a minister or other executive agent of the Crown in purported exercise of office, is not justiciable before the ordinary criminal courts when in the administration of the criminal justice system.

One or two further titles will be added as the materials are readied for my High Court Appeal case as and when (even “if”?) my application for the summonses is eventually refused by the District Judge.

[3] Background Materials

Under this general heading there are included papers on the Judgement of, and certain of the most relevant submissions made before, the Military Tribunal held at Nuremberg in 1945-46 for the Trial of the Major German War Criminals.

Most particularly certain of the arguments and submissions of the US Chief Prosecutor, Supreme Court Justice Robert H. JACKSON, under the title “Opening Speech for the Prosecution (Court Justice Robert H. Jackson appearing as Chief Prosecutor for the Government of the United States” and the British Chief Prosecutor, Sir Hartley SHAWCROSS QC MP, the Attorney-General, under the title “Opening Speech from Sir Hartley Shawcross, Chief Prosecutor for Great Britain and Northern Ireland” are included and which now ring out and toll with telling clarity down through intervening decades.

Also the preamble and first two Articles of the Charter of the United Nations is included and certain other important documents in the field of the international humanitarian law of armed conflict will be added as the site is more fully constructed.

Finally, I will also shortly add to this section also the all important documents relating to the Government's case for arguing that contrary to all rational appearance their attack upon the Republic of Iraq last 20th of March was in fact duly 'authorised' and 'approved' by the Security Council of the United Nations. These include Mr Greenwood's opinion for the Attorney-General and the 3 infamous Security Council Resolutions, to which he makes reference, namely 678, 687 and of course, 1441.

I fervently hope and avow that the reader will find the material both instructive and stimulating and I would most assuredly welcome your comments both supporting and critical.

Robbie@brynymor58.freeserve.co.uk

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