Judgement of Case United Nations (UN)

 

Case NO. 20/2016: United Nations (UN) & Secretary-General Ban Ki-moon

 

ETHICAL JUDGMENT

 

Dear Prosecutor, Public Defender, Ambassador and Jury Members of the International Buddhist Ethics Committee (IBEC) and Buddhist Tribunal on Human Rights (BTHR), regarding the case against the United Nations (UN), hereby, on January 21, 2017, it is put on record that Case 20-2016 of the Buddhist Tribunal has been concluded to analyze the violation of Human Rights by the accused. This case has been carried out as a result of previous cases, not only because of the acts of international repudiation made against the candidacies of Susana Malcorra and Irina Bokova to the position of Secretary-General of the UN, but also for having been demonstrated in Case 18-2016 State Sangha Maha Nayaka Committee that the United Nations (UN) neither prevented nor sanctioned the genocide in Myanmar.

After analyzing the presentation of the case and the validation of the enormous amount of evidence, it has taken place the voting of 7 Jury members, one voting for Innocent, while the other six have all sentenced the UN as “Responsible” for the serious crimes of GENOCIDE, CRIMES AGAINST HUMANITY, WAR CRIMES, CORRUPTION AND VIOLATION OF THE HUMAN RIGHTS INTERNATIONAL LAW.

The actions of the United Nations (UN) and its Secretary-General Ban Ki-moon have done enormous damage to world peace, especially against the world’s poorest and most oppressed peoples, such as Iraq, Haiti and Congo. As the astonishing evidences have shown, behind an image of benevolence and humanitarianism emanating from the UN there is actually an international criminal organization that has systematically and widespreadly committed the most terrible crimes and violations of human rights, such as corruption, covering-up, sexual abuse of children, rape of women, sexual exploitation, human trafficking, manslaughter, mass murder and even genocide. These outrageous crimes have remained in complete impunity due to the authoritarianism, corruption, warmongering and anti-democracy that characterizes the United Nations (UN), violating the human right to justice of millions of people around the world by means of an alleged legal immunity of said organization. However, the use of diplomatic immunity only covers actions related to the exercise of its functions and not war crimes nor crimes against humanity and genocide. Indeed, immunity does not include violations of the precepts of International Humanitarian Law, so that the impunity exercised by the UN is hypocritical and illegal, violating both human rights and the very founding Charter of the United Nations (UN) by not offering remedy or physical or psychological protection to the victims, refusing to investigate, condemn and compensate for the crimes committed. These terrible crimes are not individual or isolated acts committed by few UN officials or soldiers, because it is not only a widespread and systematic criminal behavior that occurs in all countries where the organization stays, but it is also an institutional behavior that structurally and constantly is covered-up by the highest commanders of the United Nations (UN). Despite the fact that international courts decide not to intervene, these human rights violations are crimes against humanity, evidencing the lack of legitimacy and of moral force of the UN, which has developed a discourse or story of a peace culture, while in practice or in reality it has developed a culture of impunity that places this organization above the Law, silencing the victims and persecuting the informants who denounce these aberrant acts. The systematic and widespread covering-up of sexual abuse of children is a criminal conspiracy to cover up crimes against humanity, being a betrayal of the founding mission and Purpose of the United Nations (UN), which formerly sought to protect the population. Faced with such scandalous facts such as thousands of abuses of girls in Liberia, the UN often shows a lack of regret and responsibility, carrying out Machiavellian cover-ups such as those made by Susana Malcorra as assistant to Secretary-General Ban Ki-moon, who has supported her in her candidacy to the highest position of the United Nations (UN), demonstrating that the cover-up of crimes against humanity is an action that is recompensed within the UN. As a result, the cover-ups of human rights violations made by the United Nations are not errors of a few officials, but they are part of a systematic pattern throughout the whole organization, which punishes whistleblowers of crimes while it rewards corrupt and violators disguised as humanitarian. However, in the face of the hypothesis that the UN makes these systematic cover-ups for an image issue, actually the facts show that it covers up sexual abuses and rapes of women because these crimes are part of an international mafia scheme or transnational organized crime, since it has been demonstrated that in countries where the United Nations (UN) military is involved, trafficking networks are created, such as in Haiti, Bosnia and Sierra Leone, thus perverting thousands of children and women by means of widespread sexual abuse – in which they usually exchange sex for food – in order to pervert them and recruit them into their sexual slavery and trafficking network. These violations of the rights of the child and women carried out by the UN are so systematic and widespread that even kidnappings and selling of human beings are carried out at a global level. In this way, the United Nations (UN) is not an international humanitarian institution, but rather a global mafia who disguises itself as humanitarianism. Former officials of the organization, both Anders Kompass and Kathryn Bolkovac, who respectively denounced sexual abuse in Congo and human trafficking in Bosnia, were able to perceive what the UN really is. In fact, the traffic of thousands of people is an industry that yields billions of dollars a year, this transnational crime being the real motive or reason for the cover-ups performed by United Nations (UN) officials regarding widespread and systematic violations of human rights. Obviously, to keep up appearances of goodness, the UN is usually led by secretaries-general who are able to smile quite well while maintaining an unprecedented status quo of corruption and impunity to thousands of violations on children and women, which destroys the search for Human rights, the international law and democracy. In fact, the definition of genocide also includes a serious injury to the physical or psychical integrity of a group, which irrefutably occurs in cases of rape and sexual abuse of women and children occurring systematically and widespreadly, especially in the context of a human trafficking framework that seeks to pervert or destroy in whole or in part their lifestyle.

Accordingly, the Buddhist Tribunal on Human Rights confirms that this systematic and widespread impunity of the United Nations (UN) has not only been maintained in cases of sexual abuse and human trafficking but has also occurred in cases of mass murders, again betraying the Human Rights and International Law. In this sense, the UN is a clear example of massive impunity, since the United Nations (UN) is responsible for manslaughter of more than ten thousand people and one hundred thousand sick people in Haiti, violating the human right to life, health and water by introducing cholera inside the country. However, the UN refused to provide any kind of compensation to the victims, claiming immunity in a hypocritical and undemocratic way that violates the victims’ rights to an effective remedy, to legal redress and to the Truth. The United Nations (UN) has refused to take responsibility and compensate when answering it has immunity, violating human rights and the rule of Law because immunity is not synonymous with impunity, since it is legally obliged to provide an alternative means of Justice, which has never happened. At the same time, the UN has not only violated the victims’ right to justice, but also shot at Haitian protestors, which violates all principles of humanitarianism, thus showing that the United Nations (UN) lacks ethics and credibility when it comes to fulfilling human rights, which is why it should be supervised by traditions such as Buddhist Spirituality and its Purpose (Dharma) to save the world through the creation of a wise and compassionate civilization. At the same time, the UN has carried out mass killings and illegal executions in both Haiti and the Central African Republic, in an attempt to cover up these serious crimes. In Haiti, the United Nations (UN) has also supported a coup d’état, violently silencing political opponents in a way that has included killings of children in raids where several dozen unarmed civilians were massacred, carrying out a military occupation neither independent nor neutral. In the Central African Republic, the UN has carried out mass disappearances and assassinations in nothing less than mass graves, while in Congo it has systematically and widespreadly carried out the most serious crimes, such as torture, forced labor and displacement, rape and mass murder of women and children. In Somalia, the United Nations (UN) has killed dozens of civilians, including torture, rape of women, pedophilia, arms trafficking and even killings for sport (target shooting), by carrying out these international crimes with total impunity despite the fact that diplomatic immunity does not cover war crimes or crimes against humanity.

UN soldiers, wrongly called peacekeepers, have carried out an unequaled level of violence that has had the cover-up and impunity of senior officials, who in turn are responsible for having carried out Genocide against the civilian population of Iraq. Indeed, the United Nations UN sanctions against Iraq for more than a decade deliberately caused more than five hundred thousand dead children and about two million Iraqis killed by malnutrition or inadequate health, since sanctions created, in a systematic and widespread way, a social context of famine and malnutrition, prohibiting the people of Iraq from entering essential elements such as food, medicine and water purification instruments. This violation of the human right to health is clearly illegal and criminal, as it intentionally and indiscriminately generated millions of civilian deaths while the country’s ruling elite remained rich and powerful. In this way, the UN used famine as a method of war, carrying out a siege or supply blockade in order to create living conditions to physically destroy the population. Undoubtedly, this perverse mechanism has been recognized and denounced as genocide by senior officials of the United Nations (UN), who accepted the guilt of the organization, being also a Crime against humanity for the systematic and widespread violation of human rights and fundamental freedoms.

The coldness and lack of compassion on the part of the UN has been perceived in the worst genocides of the late twentieth century, since the United Nations (UN) has shown complicity and indifference during the genocides of Rwanda and Srebrenica. In Rwanda, the UN decided not to intervene, protecting only its diplomatic staff and withdrawing its troops from the country, despite the fact that it was in front of a million murders and rapes of women and children, which were burned or dismembered. In Srebrenica, United Nations’ soldiers also failed to intervene in the thousands of mass killings, rapes, mass graves, mass deportations and massacres of children. This non-intervention to genocides because of a supposed neutrality and impartiality is without any doubt a passive or non-active complicity, because to be complicit it is not necessary to be an active participant or co-author, thus being complicit anyone who, having the possibility to prevent a crime, he or she decides not to do so, thus carrying out a complicity by omission. Even this violation of the duty to act or prevent the result of the genocide could be considered as an authorship by omission of the crime, as, for example, in the case of a father who hears that his son is going to commit a crime and does not try to prevent it, since if had acted in control of the risk it would have been prevented the genocidal result. In addition, the complicity of United Nations in genocides is based on its control function, while the United Nations (UN) authorship in said international crimes is based on its protection function, being a legal ethical analysis that equals the structures of omission and commission of crime. In this way, the UN has failed to fulfill the mission of protecting international peace and security, being undoubtedly complicit with evil. In the last genocides of the late twentieth century, in Rwanda and Srebrenica, there was impunity to displace, torture, rape and kill hundreds of thousands of people, since the response of the United Nations (UN) was slow, hesitant and ineffective. The same omissive attitude was used in the first genocides of the XXI century, as the UN also refused to fulfill its duty to stop the genocide of civilians in Darfur, Sri Lanka, Afghanistan, Iraq, Libya, Yemen, China, North Korea, Israel, Syria, Myanmar, Eritrea and Turkey, where human rights violations are systematic and widespread. International courts, especially the International Criminal Court, have failed to analyze not only many of these unpunished genocides, but also the very human rights violations committed by the United Nations (UN).

Moreover, the UN is an authoritarian institution that grants total impunity to the five permanent members of its Security Council, protecting especially illegal wars carried out by the United States, as happened in the lamentable invasion to Iraq. After applying genocidal economic sanctions for 12 years, which practically devastated the civilian population of Iraq, the United Nations (UN) gave impunity to the United States to invade this poor and hungry country, being an accomplice or an author by omission of one of the saddest episodes in the history of the world. Indeed, with the false excuse of seeking weapons of mass destruction, in the immoral invasion of Iraq there was genuine State terrorism on the part of the United States, which committed international crimes such as illegally detaining and torturing thousands of prisoners, murdering hundreds of thousands civilians, destroying the essential infrastructure and cultural heritage of the country, to forcibly displace, create a new corrupt government structure and guaranteeing juridical impunity to war crimes carried out during the illegal invasion. Indeed, the invasion of Iraq was not properly a war, but a genocidal invasion legitimized by the UN, producing more than a million Iraqis dead. Under the pretext of an alleged quest for liberation and democratization of Iraq, it was actually found an agenda for destroying the State, by leading its development back to medieval times and appropriating its oil resources at the cost of millions of deaths. To this end, the United States even went as far as to present false evidence of weapons of mass destruction allegedly possessed by the Iraqi government to the United Nations (UN). Despite this level of impunity, falsity and criminality, no official international court has investigated or convicted the United States for such crimes, except for the Kuala Lumpur War Crimes Commission (KLWCT), a humanitarian institution that condemned the Bush administration for the crimes of torture, war crimes and crimes against peace during the invasion of Iraq. Certainly the policies implemented by the United States in Iraq, under the active complicity of the UN, constitute a criminal conspiracy that violated the Nuremberg principles by implementing warlike policies similar to those of Nazism, torturing illegally detained people, bombing civilians with chemical weapons, committing mass killings, developing death squads using GESTAPO techniques and by surrounding cities by prohibiting the entry of food, water and medicine, all of which constitute war crimes with imperialist and hegemonic characteristics. This shows that the proceedings in Iraq have not been errors but systematic and widespread patterns carried out with the complicity of the United Nations (UN), whose Secretary-General Ban Ki-moon has keep the UN as a discredited, inept and irrelevant organization, leaving a poor legacy on issues of peace, as shown by its silence before the violations of human rights.

However, the culture of impunity and violation of the right to justice has not only been carried out by the United Nations (UN) to protect the criminal governments of the world, but has also been implemented to protect corrupt civil servants of the UN itself in cases of serious violations of International Law. The United Nations (UN) has an internal system of justice that is unjust, inefficient, turbid, arbitrary, archaic, partial, without due process, non-independent, ineffective, bureaucratic and unfeasible, persecuting witnesses and whistleblowers while it protects itself and covers up corrupt offenders or abusers. In this way, the UN is inherently hypocritical when it promotes justice systems for the Member States and not for itself. In this sense, when the United Nations (UN) gives immunity to its soldiers in cases of sexual abuse, pedophilia, human trafficking, torture, homicide and mass murders, as it happened in Srebrenica, it is violating International Justice, since genocides, war crimes and crimes against humanity are neither covered by diplomatic immunity nor by sovereign immunity.

The Buddhist Tribunal on Human Rights denounces that the UN does not seek world peace but it is actually an institution that encourages militarism by promoting humanitarian interventions or wars under the illegal concept of responsibility to protect, which is nothing more than the right to attack that the superpowers grant themselves. This mechanism to legitimize the wars of aggression carried out by the United States and NATO without any judgment is undoubtedly the contemporary form of imperialism, as happened in Iraq and Libya where colonialist invasions were carried out perversely disguised as humanitarianism. Thus, the Buddhist Tribunal on Human Rights agrees with the priest Miguel d’Escoto Brockmann in the fact that the United Nations (UN) has created humanitarian genocides. True humanitarian aid is and will be any action that limits or counteracts war, and should never be associated with the justification of militarism, just like in the past empires carried out just wars and religions carried out holy wars. When the UN legitimizes military invasions of the powers it becomes a sort of neocolonial imperialism, being an instrument of domination and not an instrument of liberation and international Law.

The root cause of all international crimes committed by the United Nations (UN), such as genocides, crimes against humanity and war crimes, is the corrupt and undemocratic system of this organization, guaranteeing impunity through immoral resources such as immunities and vetoes. The bureaucracy and corruption of the UN system is so powerful that there is an inability to produce justice, being unlikely to dismiss or sanction an official when he commits a serious crime. This pattern of impunity thanks to corruption is persistent in analyzing the behavior of United Nations (UN) soldiers, who have systematically and widespreadly committed abuses, rapes and murders against poor and unprotected peoples, always counting on the cover-up of the various UN secretaries general. In this way, corruption by the United Nations (UN) has funded criminal organizations, such as in Nairobi, extorting refugees, committing murders, rapes and drug trafficking. The abuse of power of the UN is massive and unpunished due to its bureaucratic network of widespread corruption and systematic cover-up, developing a culture of impunity where all informants who report crimes of the United Nations (UN) are persecuted, punished, defamed and reported, while criminals continue their professional careers. Therefore, the Buddhist Tribunal on Human Rights agrees with the priest Miguel d’Escoto Brockmann that the UN is a fraud, a farce, a huge lie and a dictatorship that neither protects human rights nor the rights of Mother Earth (Pachamama). The United Nations (UN) should adequately eradicate wars and famines through democracy and demilitarization, so it must be re-founded or abolished because of the lack of equity, democracy and justice existing in this autocratic organization whose speech appears to be inspiring, humanitarian, solidary and idealistic, while at the same time in the practice it prolongs wars, genocides, bureaucracies and impunity.

Although the UN violations of Human Rights are a little-known history, the widespread sexual abuse of children, torture and unpunished killings carried out by this organization have reached epidemic levels since the creation of its armed forces of alleged maintenance of peace, including hundreds of thousands of victims who have not received any kind of justice, because soldiers and officials of the United Nations (UN) have avoided accountability. As the Buddhist Tribunal on Human Rights has demonstrated, the human rights violations by the UN are not simply blameworthy blunders, but are flagrant crimes that require justice. For many years, the Secretaries-General of the United Nations have been aware of these systematic and widespread abuses that have reached scandalous levels, although they have maintained impunity of these crimes over and over again, carrying out an institutional policy of covering-up. Although the UN has committed international crimes similar to those in Rwanda and Srebrenica, international tribunals have not investigated or condemned this organization, despite the systematic and widespread gravity of the violations. In the face of this situation, the Buddhist Tribunal on Human Rights makes the present Ethical Judgment that promotes the transformation or abolition of the United Nations (UN), which has been found “Responsible” for carrying out genocides, crimes against humanity and war crimes in the world. The international community cannot continue to be politically governed or ethically guided by an organization that commits atrocities against the poorest and most unprotected civilian populations. Therefore, it is requested that other global tribunals, such as the International Criminal Court, establish a special tribunal to deal with systematic and widespread violations of human rights on the part of the UN. The hundreds of thousands of victims deserve justice, especially in the face of crimes such as genocide, crimes against humanity and war crimes. The civilization needs to take urgent action on the threat to world peace represented by the impunity of the United Nations (UN), since this organization has never been accountable to justice. In the light of this Ethical Judgment against the UN carried out by the Buddhist Tribunal on Human Rights for the abuses against human rights, the international community should investigate these grave crimes and be sure that they do not occur again, especially under the legal standards of the Statute of Rome. Evidence of sexual abuse of women and children, human trafficking, torture and mass homicide against marginalized and oppressed populations has been compiled in the present ethical judgment against the United Nations (UN). The culture of impunity and ineffectiveness of the UN judicial system constantly benefits criminals who commit widespread and systematic violations, which legitimizes the ethical intervention of the Buddhist Tribunal on Human Rights to offer Truth, memory and Justice to the victims. There are notable precedents of this humanitarian action, such as the International War Crimes Tribunal (Russell-Sartre Tribunal) and the Kuala Lumpur War Crimes Commission, respectively in response to violations committed by the United States in Vietnam and Iraq. Following this ethical juridical pattern, the Buddhist Tribunal on Human Rights determines in a revolutionary way that the impunity situation of the United Nations (UN) constitutes a threat to world peace, stating that the international community has failed to build a democratic and humanitarian organization. However, in the contemporary civilization, the Buddhist Tribunal on Human Rights is the only body that possesses the necessary knowledge to respond adequately to the crisis emerging in the UN, so that the international community – including the International Criminal Court – should respect and follow the Ethical Judgment made by the Buddhist Tribunal on Human Rights for the international crimes of genocide, crimes against humanity and war crimes, among other evidences of sexual abuse of epidemic proportions carried out by the United Nations (UN), especially by its military peacekeeping forces, whose criminal nature has been systematic and widespread thanks to the impunity provided by the organization’s top officials, which in itself constitutes a crime against humanity. Precisely, the UN is directed autocratically, this lack of democracy being one of the main reasons by which its worst violations of human rights happen. The long duration and depth of the reported abuses, as well as the fact that they were perpetuated by military forces as a form of exploitation of the civilian population, demonstrates conclusively that these sexual violations constitute international crimes. Evidence shows that human rights violations committed by the United Nations (UN) constitute crimes against humanity and war crimes, respectively prohibited by Article 7 (1.g) and Article 8 (2.b.XXII) of the Rome Statute. In addition, the UN has made no effort to ensure investigation and accountability for such crimes, even though it is mandatory under International Law that there should be no culture of impunity, especially for being an attack against civil population by means of the use of force and coercion, which is illegal, a war crime and crime against humanity. The Buddhist Tribunal on Human Rights condemns this culture of impunity, stating that the United Nations (UN) has failed to investigate, denounce and punish those responsible for abuses, sexual slavery and human trafficking, thus contributing to the violence that women and children suffer in the world, instead of contributing to a better world. It is declared as unacceptable and totally criminal the fact that when the victims file legal demands the UN authority does not provide any investigation or reparation, and that it even acts in reprisal of those complainants of the widespread and systematic abuses against the civilian population, which are war crimes and crimes against humanity. In addition, the aim of sexual abuses has always been to pervert children and women in order to use them in international human trafficking networks, which demonstrates the widespread and systematic level of sexual violence on the part of the United Nations (UN). In the face of civil protests over these facts of abuses against women and children, UN military forces have responded with violence, including torture, disappearances and mass killings. There have been cases of torture and summary executions of women and children at the hands of the United Nations (UN), and there has been a mantle of impunity in the face of these extrajudicial killings because the responsible were never investigated or prosecuted. Therefore, it is a system in which the law is breached without accountability. In this culture of impunity created by the UN, the victims’ human right to Truth, to justice and to an effective reparation is not respected, since the United Nations (UN) claims to have immunity even though it does not cover violations of International Humanitarian Law, as is the case of torture and murder against civilian population, which constitute crimes against humanity and war crimes respectively under Article 7 (1.f) and Article 8 (2.c.i) of the Rome Statute. Both crimes are widespread and systematic, forming part of a large-scale plan, reason enough for international courts to investigate and prosecute the UN, but since this has never happened in the history of civilization, the Buddhist Tribunal on Human Rights demonstrates the need that Buddhist Spirituality functions as a guide to the world. In short, the presence and interrelation of sexual slavery, torture and extrajudicial killings, in a context of total impunity, allows concluding that the United Nations (UN) committed crimes against humanity and war crimes in the light of the International Law. Therefore, the continuing indifference of national and international courts to these UN crimes represents a huge obstacle to the exercise of human rights and fundamental freedoms. The present Ethical Judgment is a call for the entire international community to put an end to impunity, which is the greatest threat to world peace. Even if there is no imprisonment of those responsible, the victims deserve to be heard and represented, they deserve to end their suffering, and deserve Truth, memory and Justice. As happened with the creation of ad hoc international criminal tribunals to investigate the atrocities of Rwanda and Yugoslavia, the Buddhist Tribunal on Human Rights embodies the very evolution of the Law by investigating and prosecuting the United Nations (UN) for the highest threats to world peace. Thus, it seeks to restore the international harmony of all nations of the world, which have been hurt by the violations and murders that the UN has committed in the name of Good and Peace. Crimes committed by United Nations (UN) military forces are widespread and systematic, including abuses, torture and killings, all of which violate the Rome Statute. This judgment against UN by the Buddhist community is an invitation for the international community to do the same, denouncing crimes against humanity and war crimes of the United Nations (UN) as a way to start a pathway toward the Liberation of peoples. If it persists with the UN‘s culture of impunity, the international community will be doomed to self-destruct.

At the same time, strong evidences deployed during the trial of the United Nations (UN) have shown that the genocide carried out in Iraq was intended to destroy this State by carrying out a systematic and widespread process over a period of twenty years of blockade, bombardment and invasion, preventing people from accessing food, drinking water, medicine, education, labor and justice as part of a deliberate strategy. The Buddhist Tribunal on Human Rights considers that the attacks on the civilian population in Iraq constitute genocide, such as defined by the Convention on the Prevention and Punishment of the Crime of Genocide, which was adopted by the UN itself in 1948, legally obligating States to prevent genocide and punish those responsible. Indeed, the actions taken by the United Nations (UN) in Iraq constitute the international crime of genocide because there was intention to destroy in whole or in part the Iraqi national and civilian population by assassinating its members by bombing, causing serious physical or psychological harm to its members through torture, deliberately inflicting famine and disease and living conditions calculated to bring the total or partial physical destruction of Iraq. These genocidal actions committed by the UN not only violate its founding Charter but also the very spirit of civilization, because genocide is the denial of existence of a group of human beings. By means of the Genocide Convention of 1948, the United Nations (UN) has binding legal obligations to prevent and punish the crime of genocide, having failed in both duties on many occasions, since the Convention prohibits both the commission and complicity with genocide. The UN has not only allowed genocide in many countries, by carrying out complicity by omission, but it also has carried out genocide in other countries, by committing torture, abuses, rapes, killings and other serious physical and psychological damages to different groups. UN military forces have even converted many women and girls into sex slaves, developing an international human trafficking system, systematically torturing victims of sexual violence at the same time as senior officials covered up those responsible and even sanctioned and persecuted those who denounced these criminal acts. Obviously, the United Nations (UN) has not punished those responsible for these abuses and even it has rewarded those who performed cover-ups, allowing that one of them – Susana Malcorra – to run for a position to become the Secretary-General of the UN. The Convention of Genocide prohibits causing serious physical or mental harm to members of a group, such as acts of torture, rape, degrading violence,[1] cruel treatment, persecution and deportation.[2] In this sense, the violations and tortures carried out by the United Nations (UN), besides being war crimes, are also crimes against humanity and acts of genocide that cause serious physical and psychological harm to members of a group . When employing these criminal and genocidal techniques, the UN military and its officials have degraded, humiliated, discriminated, punished, controlled and destroyed thousands of people, violating their personal and group dignity. The Buddhist Tribunal on Human Rights then agrees with the International Criminal Tribunal for the Former Yugoslavia and with the International Criminal Tribunal for Rwanda, considering rape as a genocidal act. Moreover, the United Nations (UN) has also deprived the people of Iraq of their freedom by blocking their access to basic resources such as food, clean water, hygiene, medical care, work and education. This situation provides strong evidence to infer genocidal intention on the part of UN officials and their military forces. After the Gulf War, the United Nations (UN) economically sanctioned Iraq, killing nearly two million people, among whom more than five hundred thousand children died by starvation and lack of basic medical care. After this widespread and systematic siege, the UN endorsed bombing and invasion from United States, which completely destroyed the State of Iraq. The Genocide Convention of 1948 strongly prohibits acts that deliberately inflict living conditions calculated to partially or totally destroy a group, such as subjecting a group to a subsistence diet, reducing their essential medical services to the minimum, depriving indispensable resources for survival such as food or medical services.[3] In this way, there is no doubt that when the precepts and norms of International law are applied, the United Nations (UN)  is “Responsible” for having carried out acts that inflicted living conditions calculated to destroy in whole or in part the population of Iraq. In addition, Iraq’s civilian population has suffered many severe abuses of its human rights, including murder, forced displacement, and denial of justice by its invaders. At the same time, the organized massacres of civilians committed by the UN military forces in Haiti constitute one of the genocidal acts that are prohibited by the 1948 Genocide Convention, carrying out assassinations against the unarmed population to which should be protected, by carrying it out with total impunity provided by United Nations (UN) diplomatic officials. In both Iraq and Haiti, the UN has utterly failed to stop, investigate and punish its officials and soldiers who were responsible for this violence that violates the Genocide Convention. In some countries the United Nations (UN) has even buried the bodies of the victims of their massacres in mass graves in order to hide the Truth. Thus, the ethical judgment to the UN has shown that this organization is “Responsible” for the crime of genocide in many countries of the world, in some of them by committing genocide by omission while in others committing it by commission. This shows that, according to International Law,[4] failing to prevent extrajudicial violence is an act of omission as serious as the act of commission, so that these two acts violate the Genocide Convention. Substantial and consistent evidences have unequivocally demonstrated that United Nations (UN) officials and armed forces have engaged in conducts falling within the categories specified by the Convention of 1948 as acts of genocide, such as assassination of groups of people, by causing serious physical and mental harm to groups of individuals, and by deliberately inflicting living conditions designed to physically destroy groups of human beings. The Genocide Convention of 1948 not only requires that the accused ones have committed these prohibited acts to be responsible for the crime of genocide, but they also must have had the intention to destroy – in whole or in part – a group. In accordance with the legal parameters established by the International Criminal Tribunal for the Former Yugoslavia,[5] this genocidal intent of the UN can be inferred by a large number of facts and circumstances, such as the systematic commission of other illegal acts against the same group, the widespread scale of atrocities committed, discriminatory acts, destructive repetition and also the context of other crimes committed against other groups. While proving genocidal intent does not require the presence of all these factors, but rather of some of them, in the case of the United Nations (UN), it has clearly carried out serious actions in each of these characteristics necessary to prove genocidal intent. By applying International Law, such as the Genocide Convention and its interpretations done by ad hoc international criminal tribunals for Yugoslavia and Rwanda, UN officials and their armed forces are “Responsible” for having acted with intent to commit genocides against various groups in the world, such as in Haiti and especially by the deprivation of essential resources for subsistence against the Iraqi people, causing malnutrition and illness to millions of people, as well as by carrying out sexual abuses on a massive scale against women and children in multiple countries. By gathering the evidences it is shown that the United Nations (UN) has acted with the requirement of intent to commit genocide in order to subjugate or destroy several populations, as has happened in Haiti and in several African countries. When sanctioning the civilian population in Iraq, by obstructing their access to food, health care, medical care and job opportunities, the UN has consistently pursued an economic and social policy aimed at the death or destruction of the people of Iraq. Officials of the United States and of the United Nations (UN) have been aware at all times of the magnitude that these genocidal acts would bring, by killing millions of people on a massive scale and especially by killing children, although they decided to continue to carry it out. This knowledge is the requirement for proving that it was not an error but that there was deliberately genocidal intent. On the other hand, the persecution, attacks, killings and rape of thousands of people in poor countries, such as Haiti, shows that there is an attempt to destroy in whole or in part several groups of the world, which is Evident in the fact that the UN has not taken any measures to prevent or stop these destructive acts. When analyzing possible cases of genocide committed by the United Nations (UN), it is clear that there is a pattern of actions and inactions, commissions and omissions, in the context of widespread and systematic impunity that includes officials and soldiers. In addition, the Genocide Convention of 1948 establishes that a government may be responsible when genocidal acts were committed by its state bodies or by members under its control. In this sense, the UN is responsible for each member state of its global parliamentary organization, so when it fails or fails to exercise its role of control or prevention of genocide committed by its member states, it is being complicit in genocide. The Genocide Convention of 1948 obliges to prevent genocides, and when it has failed to prevent then there is an obligation to punish those responsible. If the United Nations (UN) does not prevent or punish genocide carried out by its armed forces or its Member States, then it is “Responsible” for genocide, whether by commission or omission. Indeed, every government has an international duty to take all possible measures to prevent or punish acts of genocide,[6] so that even though there are genocides in which the UN has not intervened directly, this intergovernmental organization remains responsible for failing to prevent and punish such international crimes committed by its member States. The same way as the conduct of a state organ is juridically attributable to the State,[7] the illegal conduct of Member States is attributable to the United Nations (UN) as long as it does not seek to prevent their crimes or punish them, especially when dealing with serious human rights violations such as illegal detentions, torture, sexual abuse and extrajudicial killings. The UN is directly responsible for the conduct of its member States that have committed acts of genocide with its approval, and is also directly responsible if it failed to punish them. Certainly, there are evidences that the same United Nations (UN) officials and soldiers themselves have committed acts of genocide, but even if such evidence would not exist, it must not be forgotten that the UN has an international duty to prevent genocide and punish all perpetrators, so it is “Responsible” to fail to prevent and punish genocides even in cases where such criminal conducts are not committed by the very United Nations (UN). This prevention of genocide is the main obligation of the UN, which has widespreadly and systematically failed to comply with the Genocide Convention of 1948, because it immediately should have taken all measures within its Power in order to prevent genocidal acts when was aware of the existence of a serious risk of this to happen,[8] which is the main governmental responsibility according to the International Court of Justice. The international community should urgently establish a free and independent court to investigate and prosecute both the crimes of the superpowers and the crimes of the United Nations (UN), especially in the case of the crime of genocide, since so far the international courts have only existed to judge poor countries. If this does not occur, the fate of human rights would be doomed to fail, which is why the Buddhist Tribunal on Human Rights has set itself to legitimately investigate and ethically judge the world’s most powerful intergovernmental organization for its unpunished crimes.

Therefore, the Buddhist Tribunal on Human Rights condemns the UN as a criminal institution that carries out false humanitarianism, violating both human rights and democratic principles, as its quasi-judicial decisions or dictatorial sanctions are not open to ethical and juridical scrutiny. Instead, the Buddhist Spirituality seeks to maintain the purity of the international community, by defending self-determination and liberation of the peoples faced with the political and economic powers that seek to oppress them. Facing with government leaders who are accomplices of perverse crimes, the Maitriyana teaches an ethical path that avoids the destiny of the self-destruction of humanity, developing the beginnings of a civilization guided by the values of detachment, integration and solidarity. The United Buddhist Nations Organization was created on October 10, 2016 as the best way to prevent States from infringing Human Rights of Buddhist Peoples and Spiritual Communities. At the same time, it is an organization capable of providing ethical leadership for all humankind, unlike the United Nations (UN), which has not only failed to prevent wars and injustices in the world, but also has not taken the necessary measures to prevent the oppression and destruction of humanity. This project of the Buddhist Tribunal on Human Rights is much purer than the leadership of the UN because it does not support any kind of war of aggression disguised as humanitarian intervention, thus criticizing the global powers that try to impose a total and absolute dominion over the world. Buddhist Spirituality is certain that humanity will be extinguished if it fails to implement ethical and adequate measures to avoid war, poverty, ignorance and pollution. The progressive destruction of Mother Earth (Pachamama), massively annihilating much of the Biosphere species, shows that the Salvation of living beings is an urgent mission. This has been precisely the Purpose (Dharma) of Maitriyana as a movement that is heir to two thousand and six hundred years of compassionate wisdom (karuna-prajna); making the humankind aware of the responsibility it must have toward nature. In this sense, the United Nations (UN) is an antidemocratic institution where the opinions of everyone, especially of the Buddhist Peoples and Spiritual Communities, are not heard at the moment of decision making, thus excluding the most important voices of humanity. Given that the UN does not work well, such as the priest Miguel d’Escoto Brockmann affirms, in the United Buddhist Nations Organization it can be fully heard the voice of righteousness and goodness, facing the multiple crises of contemporary civilization in an adequate way. Therefore, it should not be allowed any of the States of the world to treat abusively and not respect the sovereignty of the Buddhist Peoples and Spiritual Communities. Obviously, this is an achievable goal if courageous measures are taken that oblige the States of United Nations (UN) to respect the political sovereignty, economic independence, cultural self-determination and environmental integrity of both the Buddhist Nations and the rest of the international community. In this way, the Buddhist Tribunal on Human Rights seeks the Liberation of all humanity, guiding society to heal from self-destructive addictions to war, injustice, ignorance and pollution. Imperialism and the impunity of the dominant UN States are some of the main evils which Buddhist Spirituality seeks to abolish, by criticizing the global control of materialism as a threat to the very survival of humanity and Mother Earth (Pachamama). However, achieving a change in behavior on the part of the States that dominate the world is something that must be adequately achieved, struggling with the most powerful weapon in history: compassionate wisdom (karuna-prajna). This implies criticizing those who do evil without giving in, simultaneously teaching measures capable of doing good and purifying the internal and external world. Indeed, Maitriyana criticizes the hypocrisy and perversion of the United Nations (UN), which has covered up illegal and genocidal acts under the guise of magnanimity and humanitarianism, directly participating in the death of millions of human beings through a manipulation of the values and principles of human rights. The raison d’être of the United Buddhist Nations Organization is to denounce this catastrophic event by proposing itself as an alternative international organization capable of eternally defend the human right to world peace. The Buddhist Tribunal on Human Rights authorizes the States to resolve conflicts only through non-violent means, following the Path of the great pacifists in the history of peoples. The Free and Enlightened Beings (Arhats-Bodhisattvas) have understood and taught that only the power of wise and compassionate love can defeat the power of hatred, greed, and deceit. In this sense, the Buddhist Spirituality is convinced that the non-violent means used in the struggle for defending peace, justice, knowledge and earthly life are the seeds of a new civilization. In contrast, States that follow the path of selfishness, dualism and consumerism are doomed to self-destruction. The Maitriyana has a prophetic social engagement to save the practical and ancestral values of love, respect, tolerance and solidarity toward all living beings; so that it denounces the UN as a perversion of how the great human family should work. In this way, there is nothing more relevant and important to history than the emergence of an ethical and pure voice combating evilness and lies of the powerful people of the world. The United Buddhist Nations Organization will then be an international hero of world peace and social justice, intervening in order to build a Pure Earth in the here and now. There is an enormous amount of Buddhist Peoples and Spiritual Communities that genuinely and prophetically cry out for peace, justice, education and ecology, even though they are completely ignored by the United Nations (UN) anti-democratic system. These prophetic voices of the spiritual masters, together with the voice of the original peoples, are listened mindfully by the Buddhist Tribunal on Human Rights. Even the very voice of Mother Earth (Pachamama) is heard by Buddhist Spirituality as a truly democratic and solidary community. This revolutionary voice transmits a message of love and hope for the whole world, drawing inspiration from the spiritual teachings of the great Awakened Beings (Buddhas) of history. The ethical perceptions of Maitriyana opportunely counteract the perverse crimes against humanity perpetrated by the UN in the name of humanitarianism. Thus, the courage and lucidity of the United Buddhist Nations Organization conveys ancestral and visionary values, bringing together the best of the past and the future, especially the vision of Detachment and Awakening (Bodhi) as a lifestyle that can save humanity and Mother Earth (Pachamama). This process promoted by the Buddhist Tribunal on Human Rights leads to the cooperation, unity and democratization of all States, teaching that wise respect and compassionate love for living beings are essential for the survival and evolution of humanity. While the United Nations (UN) is devoted to superficial matters, there is no clearer and more prophetic voice about the need to care for Mother Earth (Pachamama) than that of Buddhist Spirituality, which is undoubtedly the ethical pinnacle of the world history. The difficult but formidable task of transmitting the Maitriyana involves the updating, renewal and reinvention of the international community, giving voice to those who are excluded, such as the poor and oppressed peoples, tribal and aboriginal peoples, the Buddhist Peoples and Spiritual Communities, and even the animals and ecosystems, because without them human life would not exist. Although society must change by itself, and not by means of dictators and tyrants, humanity undoubtedly needs ethical and spiritual guidance. Given that the UN has failed to embody that voice, the United Buddhist Nations Organization emerges as a source of compassionate wisdom (prajna-karuna) for a humanity thirsting for inner richness, solidarity and Truth. Without this permanent and selfless ethical guidance humanity cannot change in time to survive. The Purpose (Dharma) of world peace and social justice requires the radical transformation proposed by the Buddhist Tribunal on Human Rights, which is a weapon of life in the service of the world’s Liberation and Awakening (Bodhi), especially protecting the human rights of the Buddhist Peoples, Spiritual Communities and Tribal Peoples, which have been the most responsible and evolved societies in history. In the event that States do not listen to this essential ethical voice, civilization will surely be self-destroyed. Therefore, the world needs Buddhist Spirituality as a fundamental means to defend itself from States that violate human rights in the name of goodness. Faced with the hypocritical, perverse and malevolent practice that has developed within the United Nations (UN), a genuine international juridical order must be sought based on fair and egalitarian ethical principles. This implies that the Path of Maitriyana fulfills its sacred mission of being a beacon of hope and love, fighting the darkness of greed, hatred and deceit through the brightness of peace, justice, knowledge and nature. In seeking to eradicate war, poverty, ignorance and pollution, the United Buddhist Nations Organization initiates a new Golden Age or Kingdom of universal solidarity between humanity and Mother Earth (Pachamama).

While the UN has failed in its mission to save the world from the scourges of war, injustice, ignorance and pollution, the Buddhist Tribunal on Human Rights assumes the Purpose (Dharma) to evade the evils of the world by saving humanity from its own self-destruction. This involves fighting the powerful ones who oppose change and transformation, defying the status quo of imperialism and nationalism. The invention of Buddhist Spirituality not only is a sign of self-determination and unity on the part of humanity, but is also a way of transmitting the knowledge necessary to solve the urgent needs of the world. The proposal of Maitriyana is a pathway to achieve the unavoidable goal of the Salvation of humanity and the Mother Earth (Pachamama), preserving life through compassionate wisdom (karuna-prajña). Through Mindfulness to the Purpose (Dharma) of nature, the spiritual masters are the most apt leaders to be the ethical voice of the world, such as indigenous and aboriginal peoples have been millennially. In fact, the United Buddhist Nations Organization seeks to care for all living beings using the same spiritual logic of the original peoples, who are currently the poorest, most marginalized and oppressed by contemporary civilization. Thus, the Buddhist Tribunal on Human Rights defends the human rights of the Buddhist Peoples, Spiritual Communities and Aboriginal Peoples, all of which harmoniously interexist with the environment, also defending the rights of animals, plants and ecosystems. This implies fighting with the superpower of love, solidarity and knowledge against the status quo of militarism, imperialism and nationalism, in order that all living beings can achieve Survival, Evolution, Liberation and Awakening (Bodhi). Facing a civilization thirsting for possession and power, the Buddhist Spirituality positions itself as a conscious voice within the sacred body of Mother Earth (Pachamama). Building a world peace civilization cannot be the work of a human being or a country, but must be the cooperative work of the entire humanity.[9] In this sense, Maitriyana is an international commune dedicated to world peace that fulfills the dream of Siddhartha Gautama, gathering all the compassionate wisdom (karuna-prajña) of history to vanish the vicious circle of war and injustice, since in its Purpose (Dharma) lies the commitment or vow to save all beings from suffering, building a better world for the present and future generations. This responsibility entails reflecting on mistakes of the past, by learning from them to choose a new path for humanity. The immense mission of the United Buddhist Nations Organization is not only to be an alternative global parliament where the voice of the Buddhist Peoples and Spiritual Communities is fully heard, but it is also a space where the voices calling for the defense of rights of poor peoples, tribal peoples, animals, ecosystems and Mother Earth (Pachamama) are heard. The challenge of this task is enormous, especially considering that the present civilization is characterized by terrorism, poverty, refugees and the massive extinction of species, which undermines the dignity of life. Since the Buddhist Tribunal on Human Rights is an international organization whose members are sovereign communities, it undoubtedly conveys reformist ideas that overcome the impediments of greed, hatred and deceit that often characterize ordinary governments. This is why the United Nations (UN) has been criticized for being a disappointing international organization that has failed to maintain peace.[10] In the face of international institutions delegitimized by their inability, corruption and lack of good will to promote world peace, the only solution and revitalization of the international community comes from the humanitarian mission of the Free and Enlightened Beings (Arhats-Bodhisattvas), acting as guides of universal reconciliation (maitri). If the UN is failing to comply with the Purpose (Dharma) of ethics and righteousness then it is essential that it is replaced by organizations capable of acting as a true parliament of humankind where all voices and perspectives can be heard. The key to the coexistence of the civilization of peace is through dialogue. Therefore, the current civilization of war, based on the violent resolution of conflicts, must be replaced by the new civilization of peace based on dialogue and the reconciliation (maitri) of world problems. In this way, it is vital to create a global society that is truly peaceful, just, cultured and sustainable, otherwise humanity will not survive. The international community has much to learn from the exemplary life of the spiritual masters of history, whose path of ethics and integrity positions them as the consciousness of the world. This means that the function of the Free and Enlightened Beings (Arhats-Bodhisattvas) is not only to guide individuals, but also entire societies, leading them through selfless teachings and never through political parties. This detached attitude leads the spiritual masters to confront peacefully against fascism, militarism, nationalism and colonialism. In fact, the search for a global citizenship is based on this orientation that transcends all ideology, transmitting universal solidarity and compassionate wisdom (karuna-prajña) in order to generate an awakened humanity. Although the essential principles of the United Nations (UN) are comparable to the humanistic principles of Buddhist Spirituality,[11] such as peace, liberty, equality, fraternity and solidarity, the UN has failed to comply with these guiding values, not helping those who suffer or not providing them material and spiritual well-being.[12] Maitriyana’s pathway of compassionate wisdom (karuna-prajña) has naturally led to the creation of the United Buddhist Nations Organization, which is the highest defender of human rights, social transformation and the civilization of peace. Unlike the United Nations (UN), the Buddhist Tribunal on Human Rights is based on a genuine spirit of tolerance and respect for all spiritual communities, establishing dialogue with all countries, international organizations and tribal peoples in order to solve the great problems of the world. The noble vision of Buddhist Spirituality is the peaceful coexistence through the global dialogue and mutual support of the whole humanity, by teaching a civilized way in which military force is not necessary, because the rule of Law reigns. In this kind of society the most powerful is not the strongest militarily or economically but the most socially humanitarian.[13] This requires to share a sense of Purpose (Dharma), Responsibility and Action,[14] by building a civilization of peace and social justice oriented to happiness and Awakening (Bodhi) of all humankind, considering war and poverty as a primitive stage of history that violates International Law. In this way, Maitriyana seeks the emergence and development of a global ethic, proposing the radical transformation or total abolition of the UN for being evil disguised as Good. This critical reexamination of contemporary civilization is fundamental for building a better world where everyone works for a common superior Purpose (Dharma).

Following the Path of Master Gautama, who envisioned how to create a global civilization of righteousness and justice, the Buddhist Tribunal on Human Rights ethically supervises the entire international community, making sure that those wielding power do not infringe the values of Liberty, Equality and Fraternity. Therefore, the United Nations (UN) has been denounced and judged for the charges of GENOCIDE, CRIMES AGAINST HUMANITY, WAR CRIMES, CORRUPTION AND VIOLATION OF HUMAN RIGHTS INTERNATIONAL LAW. This Ethical Judgment demonstrates that the UN goes against Human Rights and Buddhist Ethics, constituting the maximum perversion against planetary harmony, reason by which it is concluded that all these crimes sentenced constitute HIGH CRIMES AGAINST WORLD PEACE.

With reconciling spirit,

Master Maitreya Samyaksambuddha

President of the Buddhist Tribunal on Human Rights (BTHR)

 

 

[1] International Criminal Court, Elements of Crimes, entered into force Sept. 9, 2002, ICCASP/1/3, fn. 3.

[2] Prosecutor v. Muhimana, Case No. ICTR-95-1B-T, Judgment and Sentence, para. 502 (Apr. 28, 2005); Prosecutor v Karadzic and Mladic, Case Nos. ICTY-IT-95-5-R61, ICTY-IT-95-18-R61, Review of the Indictments Pursuant to Rule 61 of the Rules of Procedure and Evidence, para. 93 (July 11, 1996).

[3] International Criminal Court, Elements of Crimes, entered into force Sept. 9, 2002, ICC-ASP/1/3, p. 114.

[4] Prosecutor v. Kambanda, Case No. ICTR-97-23-S, Judgement and Sentence, para. 40(1) (Sept. 4, 1998); Prose­cutor v. Kovacevic and Drljaca, Case No. ICTY-IT-96-24, Indictment, para. 9 (Mar. 13, 1997).

[5] Prosecutor v. Jelisic, Case No. ICTY IT-94-10-A, Judgment, para. 47 (July 5, 2001).

[6] Case Concerning Application of the Convention on the Prevention and Punishment of the Crime of Geno­cide (Bosnia and Herzegovina v. Serbia and Montenegro), Judgment, 2007 I.C.J. 43, paras. 165, 431 (Feb. 26) [Bosnia v. Serbia].

[7] Draft Articles on Responsibility of States for Internationally Wrongful Acts, Report of the International Law Commission on the Work of its Fifty-Third Session, U.N. Doc. A/56/10, art. IV (2001) [Articles on State Responsibility].

[8] Bosnia v. Serbia.

[9] F. Roosevelt, Address to Congress on the Yalta Conference.

[10] D. Ikeda, Fulfilling the Mission: empowering the UN to live up to the world´s expectations.

[11] D. Ikeda, Fulfilling the Mission: empowering the UN to live up to the world´s expectations.

[12] Lion’s Roar of Queen Srimala Sutra.

[13] T. Makiguchi, The geography of human life.

[14] Lion’s Roar of Queen Srimala Sutra.

 

 

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