Demonstrate Your Support for this Complaint by Contacting the I.C.C. Prosecutor by Letter, Fax, or email as Indicated Below

Champaign, U.S.A./The Hague, Netherlands (19 Jan 2010). -- Professor Francis A. Boyle of the University of Illinois College of Law in Champaign, U.S.A. has filed a Complaint with the Prosecutor for the International Criminal Court (I.C.C.) in The Hague against U.S. citizens George W. Bush, Richard Cheney, Donald Rumsfeld, George Tenet, Condoleezza Rice, and Alberto Gonzales (the “Accused”) for their criminal policy and practice of “extraordinary rendition” perpetrated upon about 100 human beings.  This term is really their euphemism for the enforced disappearance of persons and their consequent torture.  This criminal policy and practice by the Accused constitute Crimes against Humanity in violation of the Rome Statute establishing the I.C.C. 

The United States is not a party to the Rome Statute.  Nevertheless the Accused have ordered and been responsible for the commission of I.C.C. statutory crimes within the respective territories of many I.C.C. member states, including several in Europe.  Consequently, the I.C.C. has jurisdiction to prosecute the Accused for their I.C.C. statutory crimes under Rome Statute article 12(2)(a) that affords the I.C.C. jurisdiction to prosecute for I.C.C. statutory crimes committed in I.C.C. member states. 

The Complaint requests (1) that the I.C.C. Prosecutor open an investigation of the Accused on his own accord under Rome Statute article 15(1); and (2) that the I.C.C. Prosecutor also formally “submit to the [I.C.C.] Pre-Trial Chamber a request for authorization of an investigation” of the Accused under Rome Statute article 15(3).

For similar reasons, the Highest Level Officials of the Obama administration risk the filing of a follow-up Complaint with the I.C.C. if they do not immediately terminate the Accused’s criminal policy and practice of “extraordinary rendition,” which the Obama administration has continued to implement.

The Complaint concludes with a request that the I.C.C. Prosecutor obtain International Arrest Warrants for the Accused from the I.C.C. in accordance with Rome Statute articles 58(1)(a), 58(1)(b)(i), 58(1)(b)(ii), and 58(1)(b)(iii). 

In order to demonstrate your support for this Complaint you can contact the I.C.C. Prosecutor by letter, fax, or email as indicated below. 

Francis A. Boyle

Professor of International Law

Law Building

504 East Pennsylvania Avenue

Champaign, Illinois  61820

Phone:  217-333-7954

Fax:  217-244-1478

The Honorable Luis Moreno-Ocampo

Office of the Prosecutor

International Criminal Court

Post Office Box 19519

2500 CM, The Hague

The Netherlands

Fax No.: 31-70-515-8555

Email:  OTP.InformationDesk@icc-cpi.int

January 19, 2010

The United States is not a contracting party to the Rome Statute.  Nevertheless, the Accused ordered and were responsible for the commission of these I.C.C. statutory crimes on, in, and over the respective territories of several I.C.C. member states, including many located in Europe.  Therefore, the I.C.C. has jurisdiction over the Accused for their I.C.C. statutory crimes in accordance with Rome Statute article 12(2)(a), which provides as follows:

Article 12

Preconditions to the Exercise of Jurisdiction

…

     2.  In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:

(a)   The State on the territory of which the conduct in question occurred  …

So the fact that United States is not a contracting party to the Rome Statute is no bar to the I.C.C.’s prosecution of the Accused because they have ordered and been responsible for the commission of Rome Statute Crimes against Humanity on, in, and over the respective territories of several I.C.C. member states. 

Consequently, I  hereby respectfully request that the Court exercise its jurisdiction over the Accused for these Crimes against Humanity in accordance with Rome Statute article 13(c), which provides as follows:

Article 13

Exercise of Jurisdiction

     The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:

        …

(c)    The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.

Pursuant to Rome Statute article 13(c), I hereby respectfully request that you initiate an investigation proprio motu against the Accused in accordance with Rome Statute article 15(1): “The Prosecutor may initiate investigations proprio motu on the basis of information on crimes within the jurisdiction of the Court.”  My detailed Complaint against the Accused constitutes the sufficient “information” required by article 15(1).

Finally, for reasons more fully explained in the Conclusion to my Complaint, I respectfully request that you obtain I.C.C. arrest warrants for the Accused in accordance with Rome Statute articles 58(1)(a), article 58(1)(b)(i), article 58(1)(b)(ii), and article 58(1)(b)(iii).  The sooner, the better for all humankind.

I respectfully request that you schedule a meeting with me at our earliest mutual convenience in order to discuss this Complaint.  I look forward to hearing from you at your earliest convenience.

This transmission letter is an integral part of my Complaint against the Accused and is hereby incorporated by reference into the attached Complaint dated as of today as well. 

Please accept, Sir, the assurance of my highest consideration.

Francis A. Boyle

Professor of International Law

Francis A. Boyle

Law Building

504 E. Pennsylvania Ave.

Champaign, IL 61820 USA

217-333-7954 (voice)

217-244-1478 (fax)