Newsgroup: it.politica.internazionale
Titolo: Le no-fly zones sotto processo

Straordinariamente interessante, questo vecchio art. (di cui posto
l'incipit, below), in cui si racconta come alcuni coraggiosi cittadini
americani (e ricordo ai filo-USA "teologici" che anche questa č
America!) abbiano trascinato le nfz sotto processo, a De Moines, Iowa.
Purtroppo, persero la loro battaglia, ma per un motivo costituzionale
"interno":
"The trial raised questions about our system of checks and balances.
Witnesses for the prosecution argued that the Supreme Court will not
take a position on decisions made by members of the Executive Branch
and Congress in regards to making war. The 'political question'
doctrine means federal courts refuse to hear cases where citizens
argue the government is violating international law in regards to
actions such as the invasion of Panama
judicial branch, if the testimony of these professors is accurate, has
no authority to check the executive branch in matters of war. Perhaps
one reason the U.S. objects to the International Court of Justice is
that it might compel the judicial branch to take jurisdiction over
activities of our soldiers abroad, now virgin territory".
La discussione del caso resta quindi interessante e sitruttiva. L'art.
č molto lungo, e mi sembra scorretto citarlo interamente, ma vi invito
a "recuperarlo" qui:
http://www.commondreams.org/views/061400-106.htm
"Common Dreams" News Center
Published on Wednesday, June 14, 2000
No-Fly Zones Go On Trial In Des Moines, Iowa
by Jeffrey J. Weiss
Are the no-fly zones deployed by the United States and Britain over
Northern and Southern Iraq a violation of international law? If so, is
a citizen of the United States legally authorized to attempt to
prevent their enforcement, even by trespassing on a military base?
For several months, activists who formed the Iowa Coalition to End War
Crimes Against Iraq talked about the probability of war crimes
perpetuated by the United States against Iraq.
On March 4, 2000, they found an opportunity to do something about it.
Twenty-two people formed a human blockade across the entrance at the
Iowa Air National Guard and for a few minutes, disrupted normal
operations for the military. That included drawing attention to the
preparation of the Iowa Air Guard for their fourth trip to Turkey,
where they participate in Operation Northern Watch over the skies of
Iraq. All 22 demonstrators were arrested and several spent the night
at the Polk County jail.
Four of the demonstrators - Michael Sprong, Jean Basinger, Rita
Hohenshell, and Brook Heaton - pled not guilty and demanded jury
trials. To their surprise, a Polk County prosecutor gave them an
opportunity to present their case to a jury in Des Moines. A deal was
struck between the prosecution and defense to drop the charges against
all of the defendants except Michael Sprong, guaranteeing a public
trial.
Thirty supporters, some of whom were arrested with Sprong on March 4,
packed the court-room for testimony that included an appearance by
Richard A. Falk of Princeton University.
Falk, a friend of Edward Said and the late Eqbal Ahmad, has authored
textbooks on international law. He has appeared on behalf of activists
in courtrooms across the United States, arguing citizens have a
responsibility to demand that the government obey international law.
His testimony helped win acquittals for defendants at the state level,
including defendants who blocked the transportation of Trident
Missiles in Washington.
On June 5, 2000 "The State of Iowa v. Michael Sprong" began with
testimony from defense attorney Sally Frank of Des Moines. Frank
argued that her client, Sprong, had attempted legal remedies to
confront authorities about the illegality of the activities of the
Iowa Guard in Iraq. He exchanged a series of letters with Gov. Tom
Vilsack, passed out leaflets, and participated in demonstrations at
the state capitol.
When this failed, Sprong tried to speak to members of the Air Guard at
the base to convince them that the no-fly zones violated the United
Nations Charter. He trespassed on to the base to tell them a war crime
was being committed. "I was there to enforce the law," Sprong argued.
[...]

 è molto lungo, e mi sembra scorretto citarlo interamente, ma vi invito
