Posted by CODEPINK Staff
Last summer, Inder Comar, Esq. filed a lawsuit against the Bush Administration on behalf of Iraqi refugee plaintiff Sundus Shaker Saleh. It is a noble attempt to hold the Bush Administration accountable for war crimes and a case that Quiet Mike has been following from the beginning.
Earlier this year, the Department of Justice, who is defending the six Bush Administration officials, responded to the lawsuit by requesting that the case be dismissed. The Bush tribe is claiming that the planning of the war occurred within the scope of their employment and therefore they have immunity.
Rather than dismissing the case, the Judge asked for additional information. So Mr. Comar filed a 2nd amended complaint back in June. The amended complaint provides more details about the planning of the Iraq war and when it started.
Comar’s evidence, shows the Bush/Cheney team started planning the invasion of Iraq as far back as 1997. The amended complaint also explains that the war was motivated by personal enrichment and the war was a “crime of aggression.”
Earlier this week. Inder Comar got his chance in court to respond to the motion to dismiss and explain the 2nd amended complaint further. He essentially made two points to the court.
The first argument he made was something called judicial estoppel. It prevents a party from taking a position in a case which is contrary to a position they have taken in earlier legal proceedings. In this case, Comar used the Nuremburg Trials as an example.
The Nuremburg Trials, which the United States views as legitimate, held Nazi leaders accountable for their acts of aggression. Comar held that judicial estoppel dictates the Bush Administration and DOJ can’t argue that leaders aren’t accountable for acts of aggression because it runs contrary to the US’s position at Nuremburg.
The second point that was made referred to the Augusto Pinochet trial. In 1999, British Lawyers determined that Pinochet did not have immunity for certain acts he committed while in office such as torture and other violations of international law. These Brits held that Pinochet was not immune because Chile had signed the convention against torture.
In light of the treaties and charters that the United States has signed, Comar stated that the defence can’t now claim that acts of aggression are above a leader’s authority. In this case, the Bush Administration.
What does all this mean? On August 15th, the United States will have the opportunity to respond to the second amended complaint. In the meantime, a hearing is scheduled for September 11th, of all dates. If the hearing goes ahead as scheduled, and if all else goes well, the announcement of a start date in the trial to hold the Bush Administration accountable could be just six weeks away.
If you are hearing about this case for the first time, you can follow its progress on Witness Iraq. You can also read up with our past articles. Please spread the word, too few people are even aware of Mr. Comar’s efforts. This case deserves all our support.