International Tribunal on U.S. Crimes in Korea

July 26, 2003

On July 24-25, an International Tribunal on U.S. Crimes in Korea was held in Pyongyang, North Korea. The tribunal was organized by anti-war scholars and individuals from many countries and was sponsored by the International Democratic Organizations and the Korean Committee for Solidarity with the World People.

After two days of testimonies, the tribunal announced a verdict which declared that all the criminal acts committed by the United States in Korea from 1945 to 2003 are grave violations of the United Nations charter and other international laws, regulations and principles.

Below we reprint the tribunal's indictment and verdict against the U.S. as reported by the Korean Central News Agency (KCNA).

Indictment

The Joint International Prosecution Team of the Pyongyang International Tribunal on U.S. Crimes in Korea, authorized by the Democratic International Organizations, progressive anti-war peace organizations, justice-loving individual figures and lawyers, brings this indictment against the following persons, in their official and individual capacities, for the crimes committed on the Korean Peninsula by the U.S. administration, the U.S. military and other persons under their command (hereinafter referred to as the U.S.).

The accused are all Presidents of the United States, from the Truman administration to the present Bush administration, all Secretaries of State, all Secretaries of Defense, all Chairpersons of the Joint Chiefs of Staff, all Secretaries of the Army, Navy and Air Force, all Directors of the Central Intelligence Agency, all staff members of the National Security Council, all National Security Advisers to U.S. presidents, all commanders of the U.S. forces in South Korea, all those who planned, prepared, organized, ordered and executed the criminal acts included in the indictment, and their accomplices, and all those who were involved in mass killings of the Korean people.

The basic charters, fundamental laws and conventions violated by the accused are as follows:

The U.S. invasion of Korea violated the UN charter, namely, Chapter 1 on the Maintenance of Peace and Security, Chapter 5 on the Procedures of the UN Security Council, Chapter 6 on the Pacific Settlement of Disputes and Chapter 7 on the Actions with Respect to Threats to Peace, Breaches of Peace and Acts of Aggression.

The U.S. occupied South Korea and obstructed its democratic development in violation of the Cairo and Potsdam Declarations on post-war settlement.

The U.S. provoked the Korean War and has made persistent attempts to ignite another war. These acts of aggression are in violation of the Treaty on the Renunciation of War, the Treaty on the Definition of Aggression and the UNGA resolution 3314 (xx1x) on the Definition of Aggression and Acts of Aggression.

The U.S. committed crimes against peace, war crimes and crimes against humanity on the Korean Peninsula in violation of the charters of the international military tribunal of Nuremberg and the Far East military tribunal, regulations of the Nuremberg tribunal and the principles of international law recognized at the trial and the code of laws on crimes against peace and security of mankind.

The U.S. violated the Hague convention respecting the laws and customs of war on land, which forbids the use of poison and poisoned weapons, and the Geneva protocol prohibiting the use in war of asphyxiating, poisonous and other gases, and of bacteriological methods of warfare.

The U.S. violated the provisions of different conventions and protocols, including the Geneva Conventions of August 12, 1949 on the protection of civilians in time of war and the same convention on the treatment of prisoners of war.

The U.S. violated the Universal Declaration of Human Rights, the Convention on the Prevention and Punishment of the Crime of Genocide, the Convention on the Abolition of Racial Discrimination in all forms, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on Non-applicability of the Statute of Limitations to War Crimes and Crimes Against Humanity, and the Convention on the Prevention and Punishment of the Crimes of Apartheid.

The U.S. violated the Nuclear Non-proliferation Treaty, the International Convention on Prevention and Punishment of Terrorism, the Agreement on the Partial Limitation of Drug Production, the Geneva Convention on the Prevention of Drug Production and Trafficking, and other conventions and UN resolutions which ban the drug trafficking and use.

The U.S. violated the internationally recognized customary laws and rules governing the use of force.

The U.S. undermined the Korean Armistice Agreement, the DPRK-U.S.A. Joint Statement and the DPRK-U.S.A. Agreed Framework. The U.S. invalidated the Joint Declaration on Denuclearization of the Korean Peninsula and obstructed the implementation of the June 15 North-South Joint Declaration.

The U.S. violated the domestic laws of the DPRK, the People's Republic of China, Japan, the United States of America and other countries concerned in the course of pursuing its hostile policy towards the DPRK.

The indictment cited detailed facts to prove that the crimes were committed in violation of the above-said laws and regulations.

All the crimes committed by the U.S. in Korea in the past were unprecedented ones in light of their scope and brutality.

Seeing that the accused can never flee from their responsibility for bringing all sorts of misfortunes and pains to the Korean people after dividing Korea, the Joint Prosecution Team urged the International Joint Justice Team to rule that the U.S. must take all forms of responsibility indicated in international laws--political, moral, penal and material--and pass a judgment on it.

Verdict

1.The U.S. government and the other accused mentioned in the indictment are guilty of the charges leveled by the prosecution and detailed in the indictment submitted to the tribunal.

2.The U.S. government must make an official apology for all its criminal acts in Korea, and make due compensation for physical, mental and material losses inflicted upon the Korean people.

3.The U.S. must find out all those involved in planning, preparation, organization, instruction, execution and backing of the crimes against the Korean people, and sentence them to criminal punishment.

4.The U.S. must enact a relevant law for it to assume full responsibility for its crimes on the Korean Peninsula, and establish a special institution in congress and administration with the mandate to investigate and address this issue.

5.The U.S. government must immediately abandon its hostile policy towards the DPRK, put an end to its military threat against it, sign a non-aggression treaty with it, and settle the issue of peace on the Korean peninsula in a peaceful way through the DPRK-U.S. talks.

6.The U.S. must immediately pull its troops and all nuclear weapons from the south of Korea, and end its political pressure, economic sanctions and blockade, and psychological warfare against the DPRK.

7.The U.S. government must refrain from interfering in the internal affairs of Korea, contrary to the will of the Korean people to reunify the country by the Korean nation itself in a peaceful way, true to the June 15 North-South Joint Declaration.

This verdict has been reached on the basis of objective and fair principles of setting up the tribunal and its procedures, and the U.S. government has a legal and moral obligation to take practical measures in this regard.