Petition of Queen Shebah III for the LIBYAN PEOPLE

Official Declaration AND Petition of the African Kingdoms Federation - Head H.I.M Empress Shebah 'Ra - Queen Shebah III
For the RIGHTS OF THE LIBYAN People, AND JUSTICE TO BE SERVED!

To His Excellency Ban Ki Moon, the Secretary General of the United Nations AND TO Any Competent and Legitimate Court , Authority or International Organization in accordance to the Universal Laws, Rules and Conventions
The international news organizations are broadcasting atrocities that are being committed against unarmed civilians in Libya that could be considered crimes against humanity.

This country has been ruled with an iron fist for the past 42 years by the notorious regime of Muammar Gaddafi. While claiming to have a unique form of direct democracy, the regime has never tolerated any dissent, and has carried out many atrocities over the decades it has been in power oppressing its people, including public hangings, long-term imprisonments without trial, and the infamous massacre of 1270 prisoners in the Abusleem prison in Tripoli in 1996. Libya has no constitution, parliament, elections or free press. All political activities and parties are banned.

The Libyan people by ancestry of the Kingdom of Libya are an integral part of the African Kingdom Federation Nations People have risen in a wide wave of protests since February 15th that are turning into a bloodbath due to the vicious repression of these protests that the rulers of Libya have unleashed on its citizens. Hundreds of deaths and thousands of injuries are being reported, with graphic evidence posted all over the Internet.

This has got to stop. Nobody believes the denials and feeble excuses of the Libyan government's representatives.

We demand that all free world governments and international organizations take immediate action to:

Condemn all military actions against civilians all over Libya, and demand that the Libyan regime immediately stop all such actions and stop repression of any free peaceful protests

Demand that the Libyan rulers allow international media and international humanitarian organizations free, unhindered and safe access to all parts of the country

Demand that the Libyan government resume provision of food, medicines and medical supplies and permit the delivery of such supplies as humanitarian aid to the eastern region of Libya through all border points and airports

-Immediately put in place an embargo on export of any materiel or equipment of any military or security nature to Libya to limit loss of life and casualties

Conduct an International inquiry into recent events and hold all responsible to international Justice.

1. Crimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, "are particularly odious offences in that they constitute a serious attack on human dignity or grave humiliation or a degradation of one or more human beings. In Libya, they are not isolated or sporadic events, but are part of a government policy ( the perpetrators need not identify themselves with this policy) or of a wide practice of atrocities tolerated or condoned by the government of Libya authority).

Extermination; political, racial, or religious persecution and other inhumane acts of the Libyan government reach the threshold of crimes against humanity, for they are part of a widespread or systematic practice.

In addition, even isolated inhumane acts of this nature do constitute grave infringements of human rights, and war crimes, and they do not fall short of falling into the category of crimes under discussion. On the other hand, individuals are guilty of crimes against humanity even if perpetrate one or two of the offences mentioned above, or engage in one such offense against only a few civilians, provided that now in Libya, Kaddafi's offenses are part of a consistent pattern of misbehavior by a number of persons linked to him as an offender ( because Kaddafi's people DO engage in armed action on the same side and because they are parties to a common plan and for any similar reason!)

It is ought to look at these atrocities or acts now in Libya in their context , for they are regarded as part of an overall policy or a consistent pattern of an inhumanity, and these do NOT constitute isolated or sporadic acts of cruelty!

To fall under the Rome Statute, a crime against humanity which is defined in Art. 7.1 must be "part of a widespread or systematic attack directed against any civilian population". Article 7.2.a states "For the purpose of paragraph 1: "Attack directed against any civilian population means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack." This means that an individual crime on its own, or even a number of such crimes, would not fall under the Rome Statute unless they were the result of a State policy or an organizational policy. "Allegations concerning Genocide and Crimes against Humanity" . The available information provided no reasonable indicator of the required elements for a crime against humanity," (i.e. a widespread or systematic attack directed against ANY civilian population'" /Luis Moreno Ocampo).

2. War crimes in Libya, due to the International Humanitarian Law, are serious violations of the laws applicable in armed conflict , giving rise to individual criminal responsibility. Murders, ill-treatment and deportation of civilian residents of an "occupied" territory into the state of Libya, to "slave labor camps". The murder or ill-treatment of "prisoners of war", the killing of citizens been treated as " hostages", "the wanton destruction of cities, towns and villages, and any devastation NOT justified by military, or civilian necessity!

War crimes in Libya, ARE defined crimes against peace and crimes against humanity, NOW committed during this "war" in Libya. Article 22 of the Hague IV ("Laws of War: Laws and Customs of War on Land (Hague IV); October 18, 1907") states that "The right of belligerents to adopt means of injuring the enemy is not unlimited", and now in Libya, aeroplanes are killing unarmed civilians! It is NOW that exists a "war genocide", as due to the provisions, in the Hague, the Geneva, and Genocide Conventions (as already considered and be part of customary international law, and are binding on all !.

3. Due to Geneva Conventions, with regard to conduct of warfare, Libyan government is NOW absolutely ignoring the laws' formalities and principles! Common Article 2 relating to International Armed Conflicts: This article states that the Geneva Conventions apply to all cases of international conflict, where at least one of the warring nations have ratified the Conventions. The Conventions apply to a signatory nation even if the opposing nation is not a signatory, but only if the opposing nation "accepts and applies the provisions" of the Conventions, as for an international conflict. When the criteria of international conflict have been met, the full protections of the Conventions are considered to apply.

Common Article 3 relating to Non-International Armed Conflict, states that the certain minimum rules of war also apply to armed conflicts that are not of an international character, but that are contained within the boundaries of a single country. The applicability of this article rests on the interpretation of the term armed conflict.

For example it would apply to conflicts between the Government and rebel forces, or between two rebel forces, or to other conflicts that have all the characteristics of war but that are carried out within the confines of a single country. The term protecting power, has a specific meaning under these Conventions, for a protecting power is a state that is not taking part in the armed conflict, but that has agreed to look after the interests of a state that is a party to the conflict. The protecting power is a mediator enabling the flow of communication between the parties to the conflict. The protecting power also monitors implementation of these Conventions, such as by visiting the zone of conflict and prisoners of war.

The protecting power must act as an advocate for prisoners, the wounded, and civilians. Grave breaches of the Third and Fourth Geneva Conventions include the following acts if committed against a person protected by the convention: a. willful killing, torture or inhumane treatment, including biological experiments, b. willfully causing great suffering or serious injury to body or health, c. compelling someone to serve in the forces of a hostile power, d. willfully depriving someone of the right to a fair trial. Also considered grave breaches of the 4th Geneva Convention are the following: a. taking of hostages, b. extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and want only, c. unlawful deportation, transfer, or confinement, d. nations who are party to these treaties must enact and enforce legislation penalizing any of these crimes.

Nations are also obligated to search for persons alleged to commit these crimes, or ordered them to be committed, and to bring them to trial regardless of their nationality and regardless of the place where the crimes took place. The principle of universal jurisdiction also applies to the enforcement of grave breaches. Toward this end, the International Criminal Tribunal was established by the United Nations to prosecute alleged violations!

The minimum legal standards MUST be followed for internal conflicts. Further, those provisions are considered customary INTERNATIONAL law, allowing war crimes PROSECUTION even over groups that have NOT formally accepted the terms of the Geneva Conventions.

4. Ad hoc International Criminal Tribunals are responsible for the NOW war era in Libya.

5. The United Nations has been primarily responsible for the prosecution of crimes against humanity since it was chartered in 1948. The United Nations Security Council "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". This resolution committed the Security Council to action to protect civilians in armed conflict.

6. In 2002, the International Criminal Court (ICC) established in The Hague (Netherlands) and the Rome Statute, provides for the ICC to have jurisdiction over genocide, crimes against humanity and war crimes. The definition of what is a "crime against humanity" broadened from its original legal definition or that used by the UN, and Article 7 of the treaty stated that: "crime against humanity" means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack: (a) Murder;(b) Extermination;(c) Enslavement;(d) Deportation or forcible transfer of population;(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;(f) Torture; (g) (h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;(i) Enforced disappearance of persons;(j) ..(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

The Charter of the United Nations ( San Francisco, United States, June 26, 1945, by 50 of the 51 original member countries) is respected as legitimate for what now is going on in Libya!

- Chapter VI the Security Council's power to investigate and mediate disputes;

- Chapter VII: Action with respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression.

- Chapter VII the UN Security Council's powers to maintain peace. It allows the Council to "determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to take military and nonmilitary action to "restore international peace and security".

- Chapter VII also gives the Military Staff Committee responsibility for strategic coordination of forces placed at the disposal of the UN Security Council.

crime against peace "starting or waging a war against the territorial integrity, political independence or sovereignty of a state, or in violation of international treaties or agreements..." (crime against peace), which was held to be the crime that makes all war crimes possible.


The list of Chapter VII interventions includes:

United Nations Security Council Resolution 1267:

United Nations Transitional Administration in East Timor
United Nations Mission in the Democratic Republic of Congo
International Criminal Tribunal for Rwanda
United Nations Mission in Sierra Leone
United Nations Assistance Mission for Rwanda
United Nations Angola Verification Mission II
United Nations Operation in Somalia II
United Nations Monitoring, Verification and Inspection Commission
United Nations Protection Force
Gulf War

Chapters XIV and Chapter XV establish the powers of, respectively, the International Court of Justice and the United Nations Secretariat.

7. International humanitarian law (IHL), often referred to as the laws of war, the laws and customs of war or the law of armed conflict, (as the legal corpus that comprises "the Geneva Conventions and the Hague Conventions) defines the conduct and responsibilities of belligerent nations, neutral nations and individuals engaged in warfare, in relation to each other and to protected persons, usually meaning civilians.
Military necessity, along with distinction and proportionality; and the prohibition of certain weapons, that may cause unnecessary suffering.

Some of the central principles underlying laws of war are:

- Wars should be limited to achieving the political goals that started the war (e.g., territorial control) and should not include unnecessary destruction.

- Wars should be brought to an end as quickly as possible.

- People and property that do not contribute to the war effort should be protected against unnecessary destruction and hardship.

- Laws of war are intended to mitigate the hardships of war by:

- Protecting both combatants and noncombatants from unnecessary suffering.

- Safeguarding certain fundamental human rights of persons who fall into the hands of the enemy, particularly prisoners of war, the wounded and sick, and civilians.

- Facilitating the restoration of peace.

There is an emerging trend in the US to hold private corporations civilly liable for aiding and abetting in war crimes, by providing substantial assistance in the Commission of the crimes. Under International Law, the mens rea element is knowledge, not intent that the crimes be carried out. This opens the door, not only to hold private security contractors liable, but also other kinds of corporations which employ violent mercenary or terrorist groups as private security forces. Although conflict zones often lack functioning legal systems, and government may even have passed laws immunizing private mercenaries from criminal liability, aiding and abetting a war crime can still be the basis for civil liability in a foreign court with jurisdiction over the defendant corporation.

8. International criminal law , as designed to prohibit certain categories of conduct commonly viewed as serious atrocities , as in today Libya, and to make perpetrators of such conduct criminally accountable for their perpetration. Principally, it deals with genocide, war crimes, crimes against humanity as well as the War of aggression.

International criminal law comprises elements of both : individuals and individual states.

- Targeted killing is the targeting and killing, by a government or its agents, of a civilian or "unlawful combatant" taking a direct part in hostilities in the context of an armed conflict who is not in that government's custody and cannot be reasonably apprehended. The target is a person taking part in an armed conflict or terrorism, whether by bearing arms or otherwise, who has thereby lost the immunity from being targeted.

- The intentional killing of a specific civilian or unlawful combatant who cannot reasonably be apprehended, who is taking a direct part in hostilities, the targeting done at the direction of the state, in the context of an international or non-international armed conflict.

- An armed conflict is in progress (as otherwise it would be considered a homicide, and a domestic crime; it is the armed conflict that affords a combatant the right to kill an enemy).

- The target must be a specific individual, who is targeted because of his activities in relation to the armed conflict (under the Third Geneva Convention the civilian loses his immunity from being targeted when he takes part in such activities, which would include for example delivering ammunition, or gathering military intelligence in enemy territory).

- Though not in any law, human rights concerns suggest that the person should be one who cannot be easily arrested.

- A senior official must authorize the targeted killing, taking into consideration the difficult issue of collateral damage.

- A targeted killing could be authorized in the U.S. by the President (or his designee, or two-star generals and above in the combat zone).

- The targeted individual is directly participating in hostilities, whether in a combat function or otherwise.

- The killing of innocent victims in heavy-handed failed targeted killings, or those based on faulty intelligence, in which civilians may be killed.

- The assertion that it is destabilizing to local situations, and thus causes more violence.

The interest of transparency, when a government kills people, it should make clear who it's trying to kill, why it's trying to kill them, and who it has killed so that people can hold not the government accountable and make sure that it is an abusing power.

The target killing, increases use of military force, and can lead to chaos.
Under customary international law and Article 51 of the U.N. Charter, according to those familiar with the memo, taking the life of a terrorist to preempt an imminent or continuing threat of attack is analogous to self-defense against conventional attack.

In Respect of the Law we, the Undersign, declare that: 1.Crimes against Humanity inside Libya, 2. War crimes in Libya, 3. Grave breaches of the Third and Fourth Geneva Conventions in Libya, 4. The Ad hoc International Criminal Tribunals are responsible for the NOW war era in Libya, 5. The United Nations has been Primarily Responsible (since 1948) for the prosecution of crimes against Humanity. 6. The United Nations Security Council "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document, regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity", 7. The definition of what is a "crime against humanity" broadened from its original legal definition or that used by the UN, and Article 7 of the treaty stated that: "crime against humanity" means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack: (a) Murder;(b) Extermination;(c) Enslavement;(d) Deportation or forcible transfer of population;(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;(f) Torture; (g) (h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;(i) Enforced disappearance of persons;(j) , 8. The prohibition should not be limited to the planned killing only of political officials, but that it should apply to the illegal killing of any person, even an ordinary citizen, so long as the act has a political purpose, 9. War crimes are sometimes part of instances of mass murder and genocide though these crimes are more broadly covered under international humanitarian law described as crimes against humanity.

In Respect of the Law we, the Undersign, ask for the United Nations Security Council of the USA and for all free world governments and international organizations take immediate action , under the responsibility of the United Nations of USA Protection Force, to:

1. Immediate Help the Libyan People, in accordance to their rights and in accordance to the United Nations Security Council Protocols,

2. Apply all the legal procedures, as the Law demands!

3. Stop NOW the shame against Humanity, or else the target killing caused from Kaddafi, increases use of military force, and can lead to chaos!

4. Condemn all military actions against civilians all over Libya, and demand that the Libyan regime immediately stop all such actions and stop repression of any free peaceful protests.

5. We, the Undersigned Demand that the Libyan rulers allow the international media and international humanitarian organizations free, unhindered and safe access to all parts of the country .

6. We, the Undersigned Demand that the Libyan government resume provision of food, medicines and medical supplies and permit the delivery of such supplies as humanitarian aid to the eastern region of Libya through all border points and airports

7. We the Undersigned ask for immediately put in place an embargo on export of any materiel or equipment of any military or security nature to Libya to limit loss of life and casualties .

8. Conduct an International inquiry into recent events and hold all responsible to international Justice.

In respect and appreciation of the Universal Legal United System.