Netzaí Sandoval Ballesteros.
More than 40 thousand human beings who have died in the last four years we put in front of a crisis Humanitarian without Paragon. Neither the U.S. war against Afghanistan, or undertaken against Pakistan have generated so many dead (Conflict Barometer, University of Heidelberg, Germany). The violence in Mexico has also made more displaced than any other recent armed conflict, about 120 000 people according to the Internal Displacement Monitoring Center. The vulnerability of young people is particularly acute: 226 thousand of the deaths between 2006 and 2010 were children and adolescents (Network for the Rights of Children in Mexico). In strict legal terms and in accordance with international criteria in this area, this situation is classified as an armed conflict not of an international nature.
directly responsible for this grave situation is Felipe Calderón. It was he who declared a war
in the country and decided to use the Army and Navy to attack selectively drug cartels. He was the executive who so stubbornly continued with the war strategy despite various UN agencies have asked to suspend the use of military force in law enforcement, recently the Working Group on Enforced or Involuntary Disappearances of the UN, March 2011.
As has been documented various human rights reports prepared by organizations such as Amnesty International, the Mexican Army has reached the point of murdering and torturing civilians completely unrelated to the conflict, military checkpoints and during its operational . has also attempted to conceal these facts to ensure the impunity of those responsible. We remember the case of the students killed in Tec de Monterrey on 19 March 2010, the NHRC said in its recommendation 45/2010.
armed forces have also made away with the rape of indigenous women committed by soldiers during their operational with what has encouraged the use of such a despicable practice (case Fernández Ortega and other vs. Mexico and Rosendo Cantu case and another vs . Mexico-American Court of Human Rights).
For their part, drug cartels also perform heinous crimes against civilians. Recruit children under 15 years of age to become killers. It is estimated that between 30 and 43 thousand minors have been recruited by criminal groups. Moreover, attacks on patients rehabilitation centers and drug addicts are widespread. The crafty attacks June 26 in Durango, December 5 and June 10 in Ciudad Juarez, Chihuahua-all in 2010 - are just three examples.
courts of our country are practically prevented from judging the Federal Executive (Article 108 onstitucional). This is compounded by the lack of autonomy of the PGR, which leads to impunity for military and civilian officials responsible for this crisis.
Nor is viable national prosecute the soldiers responsible for rape, torture, disappearances and murders due to the endless scope of military jurisdiction, which allows that these cases are tried by military courts (Article 57 Code of Military Justice). American Court of Human Rights has stated bluntly that the military criminal jurisdiction is competent to investigate, prosecute and punish perpetrators of human rights violations (case vs Radilla Pacheco. Mexico), but Calderon has opposed meet ordering the sentences to modify the legal framework to adapt to international standards.
Unable to prosecute violators of human rights in our own country is urgent that today, under the principle of complementarity, we turn to International Criminal Court (ICC). This seems difficult because the Constitution states that the Executive (with Senate approval) who recognizes the jurisdiction of the ICC. But no rule of law can be invoked to violate obligations under the international (Vienna Convention on the Law of Treaties, Article 27) so when Calderon and his military commanders invoke them, their arguments will be rejected by the ICC .
To strengthen this claim is needed involving people and human rights defenders in the country. For example, should be included in the complaint record statements of relatives of those killed in military operating . In addition, as many Mexican citizens must sign the petition calling before the ICC, to stop the bloodshed. We already have thousands of signatures collected in the march of May 8 but is still time for new firms support the complaint.
Calderon ordered the use of strategies unconstitutional and in violation of international law to combat drug trafficking and this has led to the systematic violation of human rights in our country. Under Article 8, paragraph 2, paragraph c, sections I and IV such subsection and, paragraphs I, IV and VII of the Rome Statute, should be tried for war crimes at the ICC.
This view was taken from the following website:
http://www.jornada.unam.mx/2011/05/14 / index.php? section = opinion & article = l
018a2po
international criminal trial against Felipe Calderón
international criminal trial against Felipe Calderon, Joaquin Guzman Loera, Genaro Garcia Luna, Guillermo Galván Galván, Francisco Saynez Mendoza and other officials, military and drug traffickers responsible for war crimes in Mexico.
the undersigned call on the International Criminal Court (ICC) to exercise its jurisdiction over crimes that are narrated below.
Felipe Calderón declared the start of a "war" against drug trafficking, December 11, 2006, which resulted in the deaths of more than 40,000 human beings in the last four years. For this purpose, has used the police force, the Army and Navy Mexican. The use of the army in operations against drug trafficking began several years ago but intensified in this period. Calderon has ordered that war continue despite international agencies have asked to stop using the Army in roles that police forces should develop (Working Group of UN Enforced or Involuntary Disappearances, preliminary report, March 2011). Only in 2010, this armed conflict has caused more deaths than the war waged by the United States in Afghanistan and Pakistan (Conflict Barometer, University of Heidelberg Germany) and has also made more displaced, that is, about 120,000 people due to the widespread violence (Internal Displacement Monitoring Center 2010). The situation of young children is particularly vulnerable: 226 thousand dead who died in crossfire or direct attacks from December 2006 to December 2010 are children and adolescents (Network for the Rights of Children in Mexico .)
have systematically repeated human rights violations because of the context of armed conflict in which we live. Mexico, Afghanistan and Somalia are the nations with the largest number of reporters kidnapped and our country is the continent's most dangerous media (Reporters without Borders).
We live in a protracted armed conflict faced by government authorities and organized armed groups and these groups together, fighting for territorial control drug trafficking. However, even in war there are limits and it has exceeded a catastrophic:
The Mexican army has killed civilians including children and completely unrelated to the conflict, military checkpoints and during operations. They have tortured and killed civilians knowing that are unrelated to the conflict and has also attempted to conceal these facts for not punishing those responsible and in the case of students killed at TEC de Monterrey on March 19, 2010 (Recommendation No. 45 / 2010 National Commission on Human Rights). Such crimes are the responsibility of the ICC under Article 8 2) e) i) of the Rome Statute.
The army also has covered and left unpunished rape of women perpetrated by soldiers during cordon and search of criminals, which has promoted the use of this practice in its war on drugs (Case Fernández Ortega et al. V. Mexico and Rosendo Cantú Case v. Mexico and other American Court of Human Rights). These crimes are also the ICC's jurisdiction under Article 8.2 e) vii) of the Rome Statute. Is conducting daily practice of extrajudicial executions, which respond to the idea that Mexican judges release the drug at the military prefer to kill them. The Navy even broadcast pictures of the body of Arturo Beltran Leyva, who had been manipulated and maimed with obvious purpose of intimidating (El País and El Universal 12/19/2009 12/18/2009). This crime is the responsibility of the ICC under Article 8 2) c) iv) of the Rome Statute.
Calderón also has commanded systematically assaulting Central American migrants traveling to the United States. It is so obvious it is government policy to PAN-conceived from Washington-which has even begun to legislate to make it an obligation of the authorities. Have already begun to make public the consequences of state policy. In April 2011 a mass grave was found with 72 migrants in Tamaulipas and similar cases have recurred repeatedly. The National Human Rights Commission documented the involvement of public authorities in the abductions of migrants since 2009 (Special Report on Abduction Against Migrants). Recently reported that Central Americans were "sold" by agents of the National Institute of Migration to the criminal group Los Zetas (La Jornada, May 10, 2011). These crimes can be characterized as crimes against humanity.
drug cartels mutilation practiced daily, both to intimidate the warring groups, and to send messages. Many of those beheaded are civilians. They also recruit children under 15 years of age who do become assassins. An estimated 30 to 43,000 children have been recruited by criminal groups (Children and Armed Conflict in Mexico Network for children's rights in Mexico). This crime is the responsibility of the ICC under Article 8. 2 c) i 8. 2 e) vii) of the Rome Statute.
have also been widespread attacks to rehabilitation centers where the sick and addicted to drugs, such as occurred on June 26, 2010 in Durango, on 5 December 2010 in two centers in Ciudad Juárez and June 10, 2010 in Chihuahua to name a few. This crime is the responsibility of the ICC under Article 8. 2 e) iv) of the Rome Statute.
These are just some of the crimes that we live daily in Mexico.
The conflict is characterized by rampant impunity, because there is no penalty for soldiers, assassins or superiors who ordered these crimes and then conceal the guilty. Unfortunately the courts in our country are almost judge prevented the holder of federal executive (Article 108 of the Constitution) adding to that the lack of fiscal autonomy in Mexico (Attorney General's Office), which also means not being pursued to high civil and military officials responsible for this crisis. Nor is it possible to bring to justice those soldiers who have materially violated, tortured, disappeared and killed Mexicans due to the endless scope of military jurisdiction. When a soldier commits any crime against civilians, the facts are tried by military courts (art. 57 Code of Military Justice). American Court of Human Rights has held that the jurisdiction military criminal jurisdiction is competent to investigate and, where appropriate, prosecute and punish perpetrators of human rights violations, so that Mexico is violating human rights (Case Radilla vs. Pacheco. Mexico). The refusal
in our country to punish the perpetrators of these crimes, the ICC is for the offensive end impunity that has prevailed in Mexico for at least 4 years. We ask the Prosecutor Luis Moreno-Ocampo, initiate an investigation on the basis of information that accompanies this letter, in accordance with Article 15.1 of the Rome Statute of the ICC.
Sincerely,
want to sign the petition:
http://www.petitiononline.com/CPI/petition.html
If calderon viable prosecution.
0 comments:
Post a Comment