{"id":2439,"date":"2013-10-07T16:21:57","date_gmt":"2013-10-07T15:21:57","guid":{"rendered":"http:\/\/www.longkeshinsideout.co.uk\/?p=2439"},"modified":"2013-10-07T16:28:32","modified_gmt":"2013-10-07T15:28:32","slug":"those-guilty-of-ira-genocide-should-stand-trial-david-nicholl","status":"publish","type":"post","link":"http:\/\/www.longkeshinsideout.co.uk\/?p=2439","title":{"rendered":"Those Guilty of PIRA Genocide Should Stand Trial: David Nicholl"},"content":{"rendered":"

This article first appeared on ulsternews@live<\/a> .com<\/h1>\n

Those Guilty of PIRA Genocide Should Stand Trial<\/h1>\n
Posted on ulsternews<\/a><\/div>\n

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\"Crimes<\/a><\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0 Crimes Against Humanity<\/strong><\/p>\n

Guest writer, David Nicholl, former UDP political advisor for Londonderry & North Antrim, puts forward the case for war crimes\u2019 charges against the PIRA leadership.\u00a0 <\/em><\/strong><\/p>\n

\u201cWar must be, while we defend our lives against a destroyer who would devour all; but I do not love the bright sword for its sharpness, nor the arrow for its swiftness, nor the warrior for his glory. I love only that which they defend.\u201d .\u00a0 J.R. Tolkien<\/strong><\/em><\/p>\n

Geneva Convention states:<\/p>\n

Genocide is \u201cthe deliberate and systematic destruction, in whole or in part, of an ethnic, racial, caste, religious, or national group\u201d, [Article 2 of this convention defines genocide as \u201cany of the following acts committed with intent to destroy, in whole or in part, a national, ethical\u00a0 racial or religious group, as such: killing members of the group; causing serious bodily or mental harm to members of the group; deliberately Inflicting on the group conditions of life, calculated to bring about its physical destruction in whole or in part.<\/p><\/blockquote>\n

Now having read the above, what do you think has been happening to the Protestant Unionist People of Northern Ireland over the course of the past 4 decades and more? Is it not the case that the leaders of Sinn Fein\/Provisonal IRA are and have been involved in acts that have the intent to destroy, in whole or in part, our nation; which contains our ethical , racial and religious ways, indeed the substance\u00a0 of our being on this island?<\/p>\n

I am sure, like me, many of you will agree that they have indeed engaged in such acts and continue to wage war against our people. This being the case, the question has to be asked, \u201cwhy are these war criminals in Government and not on trial for offences against Humanity?\u201d\u00a0 Raphael Lemkin, in his work Axis Rule in Occupied Europe (1944), coined the term \u201cgenocide\u201d by combining Greek genos (\u03b3\u03ad\u03bd\u03bf\u03c2; race, people) and Latin c\u012bdere (to kill).<\/p>\n

Lemkin defined genocide as follows:<\/p>\n

\u201cGenerally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be the disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups.\u201d<\/p><\/blockquote>\n

The Nuremberg Trails brought charges of crimes against the peace which sought and obtained convictions on the grounds of an unethical war,\u00a0 waged on criminal grounds. These were based on a number of principles that are now enshrined in international law. They are:<\/p>\n

Nuremberg principles<\/p>\n

Principle I states, \u201cAny person who commits an act which constitutes a crime under international law is responsible therefore and liable to punishment.\u201d<\/p>\n

Principle II states, \u201cThe fact that internal law does not impose a penalty for an act which constitutes a crime under international law does not relieve the person who committed the act from responsibility under international law.\u201d<\/p>\n

Principle IV states: \u201cThe fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him\u201d.<\/p>\n

(a) Crimes against peace:<\/p>\n

(i) Planning, preparation, initiation or waging of a war of\u00a0 aggression or a war in violation of international treaties,\u00a0 agreements or assurances;<\/p><\/blockquote>\n

The war that was rage on the people of Northern Ireland, regardless of their background, was done so in breach of all aspects of international law and, as such, those who pursued such a war a guilty of infringement on the articles set out. The fact that those who now sit in government are guilty of:<\/p>\n

(ii) Participation in a common plan or conspiracy for the accomplishment of any of the acts mentioned (i).<\/p><\/blockquote>\n

And of using that conspiracy to murder large numbers of civilians in breach of Rome Statute of the International Criminal Court Article 8(2)(b)(iv), which \u201cprohibits actions where the anticipated civilian damage outweighs the anticipated military advantage.\u201d<\/p>\n

What is now needed is a full investigation into the actions of the Irish Government and the leadership of the PIRA.\u00a0 This would have to be an international body as the British and Irish governments are unwilling and unable to search out the truth<\/p>\n<\/div>\n

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