vendredi 13 juin 2008

Conference on Assyrians in Iraq at the EU Parliament

MEPs Esther de Lange and Dimitrakopoulos

and Ninos Warda, Assyria Council of Europe, Brussels

Ambassador of Iraq to Brussels H.E. Mohammed Al-Doreky and ITF Europe Representative Dr. Hassan Aydinli


Ms. Esther de Lange, MEP and ITF Europe Representative


Conference on Assyrians in Iraq on 11 June 2008
Chaired by Esther de Lange, MEP
Co-chaired by Dimitrakopoulos MEP and M. Mladenov MEP


Session one :
The Situation of Minorities in Iraq

Speakers:

Madeline Garlick, UNHCR, Brussels
Ninos Warda, Asyria Council of Europe, Brussels
Karin Gatt-Rutter, European Commission, Brussels

Session two:
Looking towards the future

Speakers:

Michael Youash, Iraq Sustainable Democracy Project, Washington DC

Willy Fautré, Human Rights Without Frontiers, Brussels

Pascale Warda, former Iraqi Minister, Hammorabi Human Rights Organization, Baghdad

H.E. Mohammed Al-Doreky, Ambassador of Iraq to Brussels

General concluding remarks by : Mrs. Ria Oomen-Ruijten, MEP


During Question and Answers Dr. Hassan Aydinli, Iraqi Turkmen Front Europe Representative, addressed the Members of the Panel, drawing their attention to the fact that ALL the communities in Iraq - and particularly in the north of Iraq - who do not possess militias and weapons are threatened and oppressed by the groups who possess militias and weapons.

He said that Iraq today is divided in two groups: those who have armed militias and the others, such as Turkmens and Assyrians who do not, and that unfortunately those who possess militias are imposing their will on the government in Baghdad to serve their own interests.

Dr. Aydinli insisted on the necessity for the EU to get more involved in Iraq to make sure that the rules of democracy are applied in order to preserve the rights of ALL communities and to make sure that EU aid is shared equitably among ALL the communities in Iraq.

------

At the end of the conference Dr. Aydinli spoke to Ms Esther de Lange, MEP, about the situation prevailing in Iraq today, he brought up the subject of the so-called "contested territories, including Kerkuk" which are concerned by Article 140 of the Iraqi Constitution.

He explained that the concept of the so-called "contested territories" is an invention of the Kurdish parties to annex Turkmen territories to their autonomous region, indeed, the majority of the so-called "contested territories" are populated by Turkmens and are historically Turkmen territories.

During the writing of the new Iraqi Constitution the Kurds have opportunistically taken advantage of the abnormal situation prevailing in Iraq to include Article 140 in the Iraqi Constitution. Since then, Kurds are using this Article as a means to obtain extra concessions and extra rights from the Iraqi government. For the Turkmens as well as for the majority of the Iraqis, this Article is null and void since 1st January 2008.

It is unfortunate that the UN Secretary General's Representative in Iraq, Mr. Estefan De Mistura, has proposed to prolong the duration of this Article for a further 6 months, ending 30th June 2008. This initiative of Mr. De Mistura is unconstitutional and it has been strongly disapproved by the majority of Iraqis.

Dr. Aydinli insisted that the EU should be involved in the upcoming provincial elections by sending observers to make sure that the elections this time will be democratic and fair, reminding Ms. de Lange that the last two general elections (Jan and Dec 2005) were rigged.

mercredi 11 juin 2008

Kucinich introduces Impeachment Articles Against Bush



· Congressman Dennis Kucinich (D-Ohio) enumerated examples of "high crimes and misdemeanors" as justification for moving forward with impeachment proceedings against President George W. Bush late Monday on the House floor.(Photo: Stefan Zaklin / EPA)
·
Truthout
Kucinich Introduces Impeachment Articles Against Bush
Tuesday 10 June 2008
by: Christopher Kuttruff, t r u t h o u t Report

Congressman Dennis Kucinich (D-Ohio) introduced 35 articles of impeachment against President George W. Bush late on Monday during a speech on the House floor.

Kucinich, a former contender for the Democratic presidential nomination, pointed to "high crimes and misdemeanors" committed by the Bush administration, including misrepresenting intelligence in the lead-up to the war, violating domestic and international laws against torture, illegally spying on American citizens, obstructing justice and governmental oversight, and dozens of other violations.

The impeachment resolution came four days after a June 5 Senate Select Intelligence Committee report that vigorously challenged statements made by the Bush administration regarding military intelligence in the runup to the invasion of Iraq. Chairman of the Senate Intelligence Committee John D. Rockefeller said in a press release, "Before taking the country to war, this Administration owed it to the American people to give them a 100 percent accurate picture of the threat we faced. Unfortunately, our Committee has concluded that the Administration made significant claims that were not supported by the intelligence."

"It is my belief that the Bush Administration was fixated on Iraq, and used the 9/11 attacks by al Qa'ida as justification for overthrowing Saddam Hussein," Rockefeller noted.

While House Speaker Nancy Pelosi (D-California) and other members of the Democratic leadership maintain that such a resolution is "off the table," Kucinich, along with a group of his colleagues, has consistently pressed for a more urgent and direct response to the often unilateral and controversial actions of the Bush administration.

Despite the unlikeliness of impeachment gaining much traction in Congress, advocates of such a resolution continue to demand greater accountability of the executive branch.
As Kucinich began to issue his remarks, shuffling and talking could be heard in the background of the House chamber. Responding to the disarray, Kucinich objected to the Speaker, "The House is not in order." After several strikes of Pelosi's gavel, Kucinich started reading his articles into the record.

"In violation of his constitutional oath to faithfully execute the office of president ..." Kucinich stated, "George W. Bush ... both personally and through his subordinates ... illegally spent public dollars on a secret propaganda campaign to manufacture a false cause for war against Iraq."

Kucinich started his speech by referencing a variety of news and intelligence reports regarding White House communications, specifically the White House Iraq Group, which was composed of senior officials (then-National Security Adviser Condoleezza Rice, then-Deputy National Security Adviser Stephen Hadley, Karl Rove, then-Under Secretary for Public Diplomacy and Public Affairs Karen Hughes, former chief of staff Andrew Card, then-chief of staff to the Vice President I. Lewis Libby, then-White House press secretary Scott McClellan and others) who "produced white papers detailing so-called intelligence of Iraq's nuclear threat that later proved to be false." These papers included later-debunked claims that Iraq sought uranium and specialized centrifuges for enrichment.

These claims, which were central to the administration's rationale for preemptive action against Iraq, were used, according to Kucinich, to "market an invasion of Iraq to the American people."
Kucinich also noted that the White House Iraq Group papers "were written at same time and by the same people as speeches and talking points prepared for President Bush and for some of his top officials."

Congressman Kucinich went on to challenge the administration's policies toward Iran, as well as its conduct regarding military interrogations.

The resolution comes days after a sharply written letter by 56 Congress members requesting that Attorney General Michael Mukasey investigate potential crimes committed by the Bush administration during the course of its interrogation program. The letter, signed by House Judiciary Chairman John Conyers, Barney Frank, Jan Schakowsky, Dennis Kucinich and other House Democrats, urged that the seriousness of the evidence on the program warrants a thorough investigation by a special counsel.

Revelations about the Bush administration's interrogations policies, along with its systematic practice of controlling information provided to the media and the American people, led Kucinich to conclude that the president has "misled the Congress and the citizens of the United States" and should be held accountable for violating his oaths of office to "faithfully execute the office of the president" and "preserve, protect, and defend the Constitution."

Daylight Robbery: BBC uncovers lost Iraq billions

Judge Radhi Al-Radhi


By Jane Corbin BBC News

A BBC investigation estimates that around $23bn (£11.75bn) may have been lost, stolen or just not properly accounted for in Iraq.

For the first time, the extent to which some private contractors have profited from the conflict and rebuilding has been researched by the BBC's Panorama using US and Iraqi government sources.

A US gagging order is preventing discussion of the allegations.

The order applies to 70 court cases against some of the top US companies.

War profiteering
While George Bush remains in the White House, it is unlikely the gagging orders will be lifted.
To date, no major US contractor faces trial for fraud or mismanagement in Iraq.
The president's Democrat opponents are keeping up the pressure over war profiteering in Iraq.
Henry Waxman who chairs the House Committee on Oversight and Government Reform said: "The money that's gone into waste, fraud and abuse under these contracts is just so outrageous, its egregious.

"It may well turn out to be the largest war profiteering in history."

In the run-up to the invasion one of the most senior officials in charge of procurement in the Pentagon objected to a contract potentially worth seven billion that was given to Halliburton, a Texan company, which used to be run by Dick Cheney before he became vice-president.
Unusually only Halliburton got to bid - and won.

Missing billions
The search for the missing billions also led the programme to a house in Acton in West London where Hazem Shalaan lived until he was appointed to the new Iraqi government as minister of defence in 2004.

He and his associates siphoned an estimated $1.2 billion out of the ministry.

They bought old military equipment from Poland but claimed for top class weapons.
Meanwhile they diverted money into their own accounts.

Judge Radhi al-Radhi of Iraq's Commission for Public Integrity investigated.
He said: "I believe these people are criminals.
"They failed to rebuild the Ministry of Defence , and as a result the violence and the bloodshed went on and on - the murder of Iraqis and foreigners continues and they bear responsibility."

Mr Shalaan was sentenced to two jail terms but he fled the country.
He said he was innocent and that it was all a plot against him by pro-Iranian MPs in the government.

There is an Interpol arrest out for him but he is on the run - using a private jet to move around the globe.

He stills owns commercial properties in the Marble Arch area of London.

Panorama: Daylight Robbery will be on BBC One at 9pm on Tuesday 10 June 2008.
Story from BBC NEWS:
Published: 2008/06/10 17:25:48 GMT

mardi 10 juin 2008

U.S. seeking 58 bases in Iraq, Shiite lawmakers say

Mon, Jun. 09, 2008
Leila Fadel McClatchy Newspapers


BAGHDAD -Iraqi lawmakers say the United States is demanding 58 bases as part of a proposed "status of forces" agreement that will allow U.S. troops to remain in the country indefinitely.

Leading members of the two ruling Shiite parties said in a series of interviews the Iraqi government rejected this proposal along with another U.S. demand that would have effectively handed over to the United States the power to determine if a hostile act from another country is aggression against Iraq. Lawmakers said they fear this power would drag Iraq into a war between the United States and Iran.

"The points that were put forth by the Americans were more abominable than the occupation," said Jalal al Din al Saghir, a leading lawmaker from the Islamic Supreme Council of Iraq. "We were occupied by order of the Security Council," he said, referring to the 2004 Resolution mandating a U.S. military occupation in Iraq at the head of an international coalition. "But now we are being asked to sign for our own occupation. That is why we have absolutely refused all that we have seen so far."

Other conditions sought by the United States include control over Iraqi air space up to 30,000 feet and immunity from prosecution for U.S. troops and private military contractors. The agreement would run indefinitely but be subject to cancellation with two years notice from either side, lawmakers said.

"It would impair Iraqi sovereignty," said Ali al Adeeb a leading member of Prime Minister Nouri al Maliki's Dawa party of the proposed accord. "The Americans insist so far that is they who define what is an aggression on Iraq and what is democracy inside Iraq... if we come under aggression we should define it and ask for help."

Both Saghir and Adeeb said that the Iraqi government rejected the terms as unacceptable. They said the government wants a U.S. presence and a U.S. security guarantee but also wants to control security within the country, stop indefinite detentions of Iraqis by U.S. forces and have a say in U.S. forces' conduct in Iraq.

The 58 bases would represent an expansion of the U.S. presence here. Currently, the United States operates out of about 30 major bases, not including smaller facilities such as combat outposts, according to a U.S. military map.

" Is there sovereignty for Iraq - or isn't there? If it is left to them, they would ask for immunity even for the American dogs," Saghir said. "We have given Bush our views - some new ideas and I find that there is a certain harmony between his thoughts and ours. And he promised to tell the negotiators to change their methods."

Maliki returned Monday from his second visit to Iran, whose Islamic rulers are adamantly opposed to the accord. Iran's Supreme leader Ayatollah Ali Khamanei said following meetings with Maliki that we have "no doubt that the Americans' dreams will not come true."
Hoshyar Zebari, the Iraqi foreign minister, criticized the lawmakers for poisoning the public discussion before an agreement is concluded. He said U.S. officials had been flexible in the talks, as well as "frank and honest since the beginning."

"This is an ongoing process," Zebari said. "There is no agreement yet. Proposals have been modified, they have been changed and altered. We don't have a final text yet for them to be judgmental."

Zebari, who said a negotiating session was held with U.S. officials on the new accord Monday, said any agreement will be submitted to the Iraqi parliament for approval. Leaders in the U.S. Congress have also demanded a say in the agreement, but the Bush administration says it is planning to make this an executive accord not subject to Senate ratification.

Republican presidential candidate John McCain didn't respond for requests for comment, but the presumptive Democratic nominee, Barack Obama, said through a spokesman that he believes the Bush administration must submit the agreement to Congress and that it should make "absolutely clear" that the United States will not maintain permanent bases in Iraq.

Lee Hamilton, a former Democratic congressman from Indiana, said he had not heard of a plan to seek 50 or more bases in Iraq, and that if it is the case, Congress is likely to challenge the idea. "Congress would have a lot of questions, and the president should be very careful in negotiating," Hamilton, who now directs the Woodrow Wilson Center for Scholars, told McClatchy.

The top U.S. Embassy spokesman in Iraq rejected the latest Iraqi criticism.
"Look, there is going to be no occupation," said U.S. spokesman Adam Ereli. "Now it's perfectly understandable that there are those that are following this closely in Iraq who have concerns about what this means for Iraqi sovereignty and independence. We understand that and we appreciate that and that's why nothing is going to be rammed down anybody's throat.

"It's kind of like a forced marriage. It just doesn't work. They either want you or they don't want you. You can't use coercion to get them to like you," he added.

U.S. officials in Baghdad say they are determined to complete the accord by July 31 so that parliamentary deliberations can be completed before the Dec. 31 expiration of the UN mandate.

The agreement will not specify how many troops or where they will be deployed, said a U.S. official who asked not to be named due to the sensitivity of the subject, but the agreement will detail the legal framework under which U.S. troops will operate. The U.S. official said that in the absence of a UN resolution authorizing the use of force, "there have to be terms that are in place. That's the reality that we're trying to accommodate."

Iraqis are determined to get their nation removed from the purview of the U.N. Security Council under Chapter 7 of the U.N. Charter, which allows the international body to declare a country a threat to international peace, a step the U.N. took after Saddam Hussein invaded Kuwait. Iraqi officials say that designation clearly is no longer appropriate.

But even on that basic request, the U.S. has not promised to support Iraq, Saghir said, and is instead withholding that support as a pressure point in negotiations.

U.S. demands "conflict with our sovereignty and we refuse them," said Hassan Sneid, a member of the Dawa party and a lawmaker on the security committee in the parliament. "I don't expect these negotiations will be done by the exact date. The Americans want so many things and the fact is we want different things."

"If we had to choose one or the other, an extension of the mandate or this agreement, we would probably choose the extension," Saghir said. "It is possible that in December we will send a letter the UN informing them that Iraq no longer needs foreign forces to control its internal security. As for external defense, we are still not ready."

Margaret Talev in Washington contributed.
McClatchy Newspapers 2008

dimanche 8 juin 2008

Iraq's Christian Cultural Heritage belongs to all, let us save it!

06/06/2008

Louis Sako

Kirkuk’s Chaldean archbishop appeals to UNESCO.
The Christian exodus from Iraq jeopardises the survival of churches and manuscripts found nowhere else in the world. The United Nations and the international community should do something.

Kirkuk (AsiaNews) – The exodus that is emptying Iraq of its two-thousand-year-old Christian community could wipe out its rich cultural heritage which has survived for centuries in this land.

If emigration continues at the present rate in just a few years not only will the country be deprived of one the oldest components of its population but the world will lose a great legacy.

What will happen to very ancient churches and monasteries like the Church of Koche on the outskirts of Baghdad, Tahira, Mar Isaiyia, Miskenta, St Thomas, Marhudeini, the Monastery of St Michael in Mosul and Kirkuk’s Red Church (all dating back to between the 5th and the 7th centuries AD)?

What will happen to ancient manuscripts and a language—Aramaic—unknown to the rest of the world, if those who have always guaranteed its life and conservation disappear?

With the help of the international community we must save these assets from the neglect in which they find themselves at present because of insecurity and from potential destruction if their integrity is compromised by military operations.

For this reason I propose the creation of a Christian museum that could bring together under one roof all that has been accumulated in this land over time.
Filming these buildings and manuscripts as well as documenting this heritage, which is part of the world’s and humanity’s heritage, are tasks for UNESCO.

Christianity in Iraq goes back to the first century AD, when St Thomas the Apostle arrived in the Land between the Two Rivers.

Thereafter it grew and developed, reached its highest point in the 4th century when the Church of Mesopotamia became a missionary Church, sending missionaries as far as India and China. Indeed Christians have been pioneers in Iraq’s civilisation.

Even after the Muslim conquest Christians continued to actively contribute to the cultural development of the Arab world through literature, philosophy, astronomy, physics, mathematics and medicine.

From the start Christians blended in with other ethnic and religious groups (Kurds, Turkmen and Yazidis) who, along with their Muslim brethren, have always and courageously defended the integrity of the country.

They are witnesses to loyalty, fidelity, honesty and a willingness to live in peace and brotherhood with others. For 14 centuries they have lived in the context of an Islamic culture defined by mutual respect.

http://new.asianews.it/index.php?l=en&art=12439&size=#

samedi 7 juin 2008

NOUVELLES D'IRAK en FRANCAIS

RAPPEL



Pour les nouvelles d'Irak en Français, voir le blog de Marc Lemaire: JOURNAL D'IRAK
repris dans mon blogroll.

Egalement sur:

http://www.dhblogs.be/categories/International.html
http://www.lalibreblogs.be/categories/International.html

Iraqi MPs in Washington: No to Bush's SOFA, yes to Arab League mediation



by Helena Cobban at June 6, 2008
http://justworldnews.org/archives/002940.html

Speaking to a civil-society audience of 60 people here in Washington DC today, Iraqi MPs Sheikh Khalaf al-Ulayyan (National Dialogue Council) and Dr. Nadim al-Jaberi (al-Fadhila) both roundly rejected the idea of negotiating any binding longterm Status of Forces Agreement (SOFA) with the United States as long as US forces remain in their country. Both also, intriguingly, said that the Arab League might be the outside party best placed to convene the negotiation required to achieve intra-Iraqi reconciliation.

Ulayyan and Jaberi were speaking at a lunch discussion hosted by the Carnegie Endowment for International Peace. They have spoken to a number of civil society groups here in the past two days. On Wednesday-- as I noted here earlier today-- they testified about their country's situation at a hearing held by the House of Representatives Foreign Affairs Committee's Subcommittee on International Organizations, Human Rights and Oversight.

While with the Subcommittee, they handed chair Rep. William Delahunt a letter spelling out the view of a majority of Iraq's MPs that any SOFA completed between the two countries should stipulate a total withdrawal of US troops from the whole of Iraq before a date certain.

In that earlier blog post I also highlighted the importance I saw, in today's increasingly transparent global environment, of the contacts that non-governmental groups and individuals (including parliamentarians) can now maintain with their counterparts across national borders without having all such interactions regulated by the national governments involved. Ulayyan and Jaberi's visit to the US-- which was originally also to have included three other Iraqis-- has been organized by the American Friends Service Committee.

Great work, AFSC!!!

I'm hoping to write up a longer account of today's Carnegie Endowment gathering as soon as I can. For now, I'll focus on the questions about the SOFA and the sponsoring mechanism for the still-needed process of internal reconciliation. Those were indeed my main concerns going into the meeting. Someone else asked the two MPs about the SOFA question, and I was then able to ask the two MPs the reconciliation-sponsorship question.

In line with my now three-year-old plan for how the US can get out of Iraq, as laid out in the July 2005 writings linked to here, I also asked the two men what sponsorship they thought would be most effective for the international negotiations required to secure a US troop withdrawal from their country that is speedy, orderly, and complete. (My strong preference is for UN sponsorship.) They did not really address that part of the question. Maybe I'll get a follow-up meeting with them sometime?

By the way, I think my 2005 plan for how the US can withdraw from Iraq has held up remarkably sturdily over time and is still very apposite.

Anyway, back to today's Carnegie event. About the SOFA, Ulayyan said:

We learned about the text being proposed by the US only through the media, and we've seen that it’s very unfair for the Iraqi people. Whoever sees it will see that Iraq would become not just under US occupation but as if it were part of the US! [But without voting rights, I might add. ~HC] It allows the US to use Iraqi territory and US military bases in Iraq for a very long time, and to use them to attack any country around the world from there. And it gives the US troops and civilians complete immunity from prosecution in the Iraqi court system. The US could do anything it wanted in Iraq without being accountable to anyone!

Clearly, for anyone, it would be impossible to enter into an agreement with another party while being threatened by the other person's weapons. Therefore the SOFA can't be concluded as long as there are foreign troops on Iraq's territory. For any agreement to work, there has to be a balance between the two parties to it.

The timing of this attempt at getting a SOFA right now is also not appropriate because it would impede our national reconciliation process.

I had also asked the MPs whether they thought the US troop presence in Iraq was helpful or harmful to the state of internal relations within Iraq. Ulayyan replied on this point:

We do believe the presence of US troops has been very harmful, for the following reasons: Firstly, the American forces have been creating problems inside Iraq to try to justify their own continued presence here. And secondly because many forces in Iraq today have been built up by the US, and they use the US troop presence to avoid dealing with the other parties.
Therefore the withdrawal of the US troops according to a fixed timetable will aid national reconciliation.


To my question regarding what body they thought might be the one best suited to convene the intra-Iraqi reconciliation process, Jaberi replied,

Some suggest the US or the UN or Iran as the best sponsors, or the Organization of the Islamic Conference. Or even Qatar, which as the lady said, did so well in successfully mediating the recent settlement even after the 'big power', the US, had failed. That latter success, by the way, was a way to protest external interventions in Lebanon-- and its showed that a tiny country could solve a problem that a large country could not.
But I see the Arab League as the best institution to sponsor a national reconciliation. First of all, it’s neutral, and secondly, it is the one best qualified to understand Iraq's problems.
We should recall that the Arab League has already been the only institution that has done anything successful at all to bring together the conflicting parties in Iraq-- yes, parties that were actually in conflict at the time there-- and win agreement from them all around some useful proposals for reconciliation. That was during the reconciliation session they hosted in Cairo in 2005.

It came out with some good proposals, and our situation would have been a lot better now if they had been implemented. But what made it fail was that the parties weren’t allowed to implement it. The US administration blocked its implementation because they saw the Arab League as competing with them for influence.

I found it notable that Dr. Jaberi, who represents a majority-Shiite party in Iraq, expressed such faith in the capacities of the Arab League. I should also note that though Fadhila is a majority-Shiite party, the position Jaberi expressed at many points during the discussion was that Iraq needs to thought of and constituted as "the state of the citizen" (dawlat al-muwatin), rather than being constituted on the basis of sectarian quotas of any kind. Indeed, he expressed strong criticism of the UDS for having introduced the whole idea of sectarian quotas into leading government positions, in the first place.

Jaberi's mention of the Arab League as being well qualified to convene the internal reconciliation process was also notable because it echoed a point that Ulayyan had made earlier in response to a general question about the mechanisms for reconciliation.

Ulayyan had said,
There should first of all be committees created for this purpose, with participation from both the [Iraqi] government and the political parties. But first, of course, we need to have the true will for national reconciliation…The process has to be inclusive…
Now that Saddam has left there is no reason for us not to manage our own country!

... And we should have the help of the Arab League and the United Nations in helping to establish the basis on which these reconciliation committees can be built.

Interesting convergence, huh?

Over to you, Arab League?

Notable bottom line there, though, that some possibly well-meaning Americans might still need to have highlighted for them: Both these two men-- and also, I suspect, a large majority of the Iraqi people-- are quite clear that the United States is the party that is just about the worst qualified of all to convene or sponsor a successful intra-Iraqi reconciliation process.
So much for the idea of the so-called "Pottery Barn Rule", eh?

Procès des "filières kamikases": ennemis de l'empire?

www.michelcollon.info
Belgique

Procès des « filières kamikases » : ennemis de l'empire?
DERMAGNE, FRANCQ, GOBIN...


La 12ème chambre correctionnelle de la Cour d'Appel de Bruxelles a ouvert, le 21 avril, le procès en appel de 5 prévenus, condamnés en première instance, pour appartenance à un groupe terroriste, à des peines de 28 mois à 10 ans de prison. Ils sont accusés d'avoir participé à une filière qui aurait recruté en Belgique des combattants prêts à mourir, en vue de faire la guerre en Irak. L'accusation leur reproche, notamment, d'avoir contribué au passage en Irak de Muriel Degauque, qui se serait fait exploser le 9 novembre 2005.

Dans un conflit dans lequel la Belgique n'est pas partie prenante, le tribunal se donne la compétence de déterminer, parmi les forces en lutte, celles qui sont légitimes et celles qui sont criminelles.

Plutôt que de considérer les prévenus comme des combattants, luttant contre la présence illégitime des troupes américaines, statut prévu dans le droit international humanitaire, le tribunal les désigne comme des terroristes et cela pour deux raisons, d'une part, leur combat ne serait pas juste et, d'autre part, les moyens employés les désignent comme des criminels.

Le tribunal estime que ces hommes faisaient partie de milices islamistes qui "rêvent de créer une guerre civile interconfessionnelle pour amener au pouvoir un régime rétrograde". Le président du tribunal avait aussi déclaré que"leur objectif réel était de se livrer à une guerre de religion et à une croisade anti-occidentale" afin d' instaurer un califat. Pourtant, le tribunal a accordé foi aux déclarations du prévenu L. selon lesquelles il s'était battu sur le front, à la bataille deFallouja en 2004, contre les raids américains et non contre des civils.

Ainsi, malgré que la guerre initiée par les Etats-Unis ait été déclenchée en violation du droit international et pour des motifs, collaboration du régime irakien avec le réseau Ben Laden, existence d'armes de destruction massive, qui ont été invalidés par les faits, le jugement s'inscrit dans le cadre du « choc des cultures » et de « la lutte du bien contre le mal » initiée par le Président des Etats-Unis.

Ignorant l'existence des troupes d'occupation, 150.000 soldats et plus de 100.000 mercenaires, le procureur a estimé que l'occupation de l'Irak était déjà terminée au moment des faits. Le passage d'un état de guerre à une situation de paix ne serait pas déterminée par la réalité du terrain, mais par la déclaration faite par l'administration américaine. Cette reprise intégrale du point de vue américain a été partagée par le tribunal, qui a estimé qu’il n’y avait pas de conflit armé en Irak en 2004-2005 au sens du droit international humanitaire, au motif que les factions armées dissidentes n’ont pas occupé de partie significative du territoire irakien, à partir de laquelle elles auraient pu lancer des attaques systématiques. Rappelons que, par exemple, l'application de ces critères aux résistants à l'occupation nazie les transformeraient en terroristes.

Leur manque de visibilité est aussi, pour le tribunal, un élément qui les désigne comme des terroristes.
Un combattant ne peut que faire partie d'une armée régulière d'un Etat constitué. Toute guérilla, toute guerre de résistance des populations contre un ennemi militairement supérieur devient automatiquement criminelle.

Cependant, ce jugement ne semble pas s'appliquer aux mercenaires employés par des firmes privées américaines, combattants qui ne sont pas soumis au droit de la guerre et qui ne sont pas plus identifiables que les résistants. Ils ne mènent, non plus, aucune action couvrant l'ensemble du territoire.

Ce ne serait donc pas les caractéristiques intrinsèques d'un combattant qui feraient de lui un criminel, mais simplement le fait qu'il est désigné comme tel par l'administration américaine. C'est le pouvoir que se donne celle-ci de nommer un ennemi comme un terroriste que conforte le tribunal. Cette reconnaissance l'intègre dans un ordre de droit impérial.
L'accusation et le jugement de première instance reposent sur une construction: l'existence d'une filière belge de kamikazes pour combattre en Irak. La réalité d'un groupe structuré n'a pas été établie et le parquet fédéral n’a pas rapporté la preuve que les personnes prévenues ont « recruté des terroristes ».

Les éléments transmis par le FBI ne permettent pas de savoir avec précision ce qui s’est passé. Le parquet fédéral n'a pu étayer que les prévenus avaient l’intention d’envoyer des gens en Irak pour s’y faire exploser.

Les preuves reposent sur des demandes d’entraide adressées aux USA, au Maroc, à l’Algérie, à la Turquie, à la Syrie, à la France, à la Thaïlande. Les éléments recueillis par cette voie sont présumés l’avoir été de manière régulière, sans que la défense ait eu les moyens d'en vérifier la légalité. Le tribunal considère qu’en matière d’entraide judiciaire internationale, il n’est pas requis que soit transmise l’intégralité du dossier. Il est ainsi impossible de renverser la présomption de légalité de ces éléments. Pourtant la défense a montré que la recherche et la saisie de données informatiques étaient entachées d'irrégularités selon le droit américain.

Des preuves recueillies en Algérie ont aussi été acceptées et ce malgré que le Conseil de l'Europe considère que ce pays utilise systématiquement la torture dans le cadre de la lutte contre le terrorisme. Le tribunal a déclaré qu'il « n’est ni équipé, ni compétent, ni habilité à décerner de bons et de mauvais points à un Etat en la matière ». Ce tribunal, non habilité pour vérifier la légalité des moyens de preuves qui lui sont soumis, se donne cependant une compétence universelle pour définir ce que sont une démocratie, un état de guerre ou de paix ou ce que sont une guerre et une résistance justes.

Si le tribunal d'Appel confirme le premier jugement, cela créerait une jurisprudence qui permettra que l'incrimination américaine « d'ennemi combattant illégal », soit reconnue dans notre ordre pénal.
Cela facilitera des demandes d'extradition de citoyens belges vers les USA sur base de cette notion et rien, dans les accords d'extradition, signés en 2003 entre l'Union européenne et les Etats-Unis, n'empêche que les personnes remises soient jugées devant des commissions militaires, des tribunaux spéciaux où les droits de défense n'existent pas.

Cette jurisprudence placerait ainsi notre système judiciaire dans un ordre juridique impérial. Il perdrait non seulement son autonomie, mais aussi sa capacité de juger des faits, devant valider des systèmes de valeur et les prises de position politiques des autorités américaines.