Puerto Rico and the Puerto Ricans – Versus – 115 Years of Yankee Imperialism and Colonialism
By Professor Francis A. Boyle Address at the University of Puerto Rico, September 20, 2013
In
order to commemorate the 500th anniversary of Columbus’s invasion of
the Americas, in early 1992 I was asked by the Organizers of the
International Tribunal of Indigenous Peoples and Oppressed Nations in
the U.S.A. to serve as Special Prosecutor of the United States of
America for committing international crimes against Indigenous Peoples,
People of Color, and Oppressed Nationalities, including and especially
Puerto Rico and the Puerto Ricans.The Tribunal was initiated
by the American Indian Movement (AIM) with the support of
representatives of the Puerto Rican People, the New Afrikan People, the
Mexicano People, and “progressive White North Americans.” Of course, I
do not consider myself to be a “White North American.” I was born Irish.
During the past 850 years of resisting one of the most brutal and cruel
colonial occupations in the history of humankind, we Irish know what
the denial of self-determination, genocide, and gross violations of our
most fundamental human rights are all about in our beloved Ireland and
abroad, which atrocities still continue as of today. We Irish still
fondly remember and greatly appreciate that Pedro Albizu Compos stood up
for us at Anglophile Harvard a century ago.In my capacity as Special
Prosecutor of the United States Federal Government, I drew up an
Indictment under international law that was served upon the Attorney
General of the United States and the United States Attorney in San
Francisco prior to the convening of the Tribunal in that city just
before “Columbus Day” on October 2-4, 1992 with a demand that they
appear to defend the United States government from the charges. I take
it they saw no point in trying to defend the indefensible because no one
showed up to defend the United States government, though they did
publicly acknowledge receipt of our service of process. I will not go
through all 37 charges of my Indictment here. But the proceedings of
this pathbreaking International Tribunal have been recorded in a formal
Verdict by the Tribunal; in a Video of the Tribunal; and in a Book on
the Tribunal–all under the title U.S.A. On Trial: The International
Tribunal on Indigenous Peoples and Oppressed Nations in the United
States.
Six months after the
conclusion of these San Francisco Tribunal proceedings, I was the
Lawyer and Ambassador for the Republic of Bosnia and Herzegovina arguing
its case for genocide against Yugoslavia before the International Court
of Justice in The Hague, the World Court of the United Nations System.
There I would single handedly win two World Court Orders overwhelmingly
in favor of Bosnia against Yugoslavia to cease and desist from
committing all acts of genocide against the Bosnians on 8 April 1993 and
13 September 1993. I treated the San Francisco Tribunal proceedings
with as much care, attention, dignity, respect, and professionalism as I
did the World Court proceedings for Bosnia. And the results were the
same: massive, overwhelming, crushing victories for my clients at both
the World Court and the San Francisco Tribunal!
For the purpose of this
Lecture, I want to briefly discuss the eight charges that I filed
against the United States government for committing international crimes
against the People and State of Puerto Rico. I believe that these eight
charges succinctly state the fundamental principles of international
law concerning Puerto Rico and the Puerto Ricans. Obviously, these eight
charges of my Indictment cannot answer all the questions the Puerto
Rican People might have with respect to international law. But I do
submit that these eight charges provide a solid foundation for providing
guidance to the Puerto Rican People as to your basic rights under
international law that can be used in the future in order to navigate
problems and issues as they arise to confront you.
The distinguished Judges
composing this International Tribunal consisted of seven independent
Experts on human rights drawn from all over the world. In their Verdict,
Preliminary Findings, and Order of 4 October 1992, the Indigenous
Peoples’ Tribunal did not accept all of the 37 charges that I filed in
my Indictment against the United States government for perpetrating
international crimes against Indigenous Peoples, People of Color, and
Oppressed Nations. But most strikingly, when it came to the Puerto Rican
People, the International Tribunal accepted all of my charges against
the United States government, and by a unanimous vote at that. In its
own words, the exact findings of this Tribunal on the People and State
of Puerto Rico were as follows:
Puerto Rican People
With respect to the charges
brought by the Puerto Rican People, the Defendant, the federal
Government of the United States of America is, by unanimous vote, guilty
as charged in: Since its illegal invasion
of Puerto Rico in 1898, Defendant has perpetrated innumerable Crimes
Against Peace, Crimes Against Humanity and War Crimes against the People
and State of Puerto Rico as recognized by the Nuremberg Charter,
Judgment, and Principles.The Defendant has
perpetrated the International Crime of Genocide against the Puerto Rican
People as recognized by the 1948 Genocide Convention.The Defendant has
perpetrated the International Crime of Apartheid against the Puerto
Rican People as recognized by the 1973 Apartheid Convention.The Defendant has
perpetrated a gross and consistent pattern of violations of the most
fundamental human rights of the Puerto Rican People as recognized by the
1948 Universal Declaration of Human Rights and the two aforementioned
United Nations Human Rights Covenants of 1966.
The Defendant has
perpetrated a gross and consistent pattern of violations of the 1965
Racism Convention against the Puerto Rican People.The Defendant has denied and
violated the international legal right of the Puerto Rican People to
self-determination as recognized by the United Nations Charter, the two
United Nations Human Rights Covenants of 1966, customary international
law, and jus cogens.The Defendant has illegally
refused to apply the United Nations Decolonization Resolution of 1960 to
Puerto Rico. Pursuant thereto, the Defendant has an absolute
international legal obligation to decolonize Puerto Rico immediately and
to transfer all powers it currently exercises there to the Puerto Rican
People.
The Defendant has illegally
refused to accord full-scope protections as Prisoners-of-War to captured
Puerto Rican independence fighters in violation of the Third Geneva
Convention of 1949 and Additional Protocol I thereto of 1977. The
Defendant’s treatment of captured Puerto Rican independence fighters as
“common criminals” and “terrorists” constitutes a “grave breach” of the
Geneva Accords and thus a serious war crime.As Special Prosecutor for
the Tribunal, it came as no surprise to me that the Judges unanimously
accepted all of my charges against the United States government with
respect to the People and State of Puerto Rico. This is because the
principles of international law with respect to Puerto Rico and the
Puerto Ricans are incontestible, and thus so glaringly obvious for the
entire world to see. I most respectfully submit that the Puerto Rican
People must use this analysis and the Tribunal’s Verdict, Preliminary
Findings, and Order in order to support, promote, and defend your basic
rights under international law, including your right to
self-determination and establish the independent state of Puerto Rico if
that is your desire.
In the final section of its
Verdict, the San Francisco Tribunal also rendered the following
unanimous decision that directly concerns the international legal rights
of the People and State of Puerto Rico:ADDITIONAL FINDINGS In light of the foregoing
findings, this Tribunal also, by unanimous vote, finds the Defendant
guilty as charged in paragraph 37, which, as amended, reads:In light of the foregoing
international crimes, the Defendant constitutes a Criminal Conspiracy
and a Criminal Organization in accordance with the Nuremberg Charter,
Judgment, and Principles and the other sources of public international
law specified above, and the Federal Government of the United States of
America is similar to the Nazi government of World War II Germany.This powerful Finding speaks for itself and requires no explanation by me.The Tribunal concluded its
Verdict with the following Order to the United States government: “Now
therefore, it is ordered, adjudged and decreed that the Defendant cease
and desist from the commission of the crimes it has been found guilty of
herein.” Pursuant thereto, I then filed a copy of this San Francisco
Verdict with its Cease and Desist Order upon the Attorney General of the
United States of America in Washington, D.C.In return, I later received a
5 February 1993 Letter from the U.S. Department of Justice that
acknowledged the receipt of the San Francisco Tribunal Verdict and its
Cease and Desist Order against the United States government. This U.S.
D.O.J Letter then advised me: “If you, or the Tribunal, have any
evidence of the violation of federal criminal law, we ask that you
provide that information to your local office of the Federal Bureau of
Investigation.”As
I saw it at the time, and still see it as of today, historically this
would be analogous to the Nazi Ministry of “Justice” advising a German
lawyer representing the Jews to file his Complaint of criminal law
violations by the Nazi government against the Jews with the Gestapo. The
F.B.I is and has always been the American Gestapo — especially for all
Peoples of Color living within its imperial domain. Nevertheless, the Verdict,
Preliminary Findings, and Order of this San Francisco Tribunal qualify
as a “judicial decision” within the meaning of Article 38(1)(d) of the
Statute of the International Court of Justice. Pursuant thereto, this
Verdict, Preliminary Findings, and Order constitute “subsidiary means
for the determination of rules of law” for international law and
practice. Furthermore, the Statute of the International Court of Justice
is an “integral part” of the United Nations Charter under Article 92
thereof. Hence the San Francisco Tribunal’s Verdict, Preliminary
Findings, and Order can be relied upon by the International Court of
Justice itself, by the International Criminal Court, by some other
International Tribunal, or by any other Court in the world today, as
well as by any People or State of the World Community — including and
especially by Puerto Rico and the Puerto Ricans. The Verdict of the San
Francisco Tribunal still serves as adequate notice to the appropriate
officials in the United States Federal Government that they bear
personal criminal responsibility under international law and the
domestic legal systems of all Peoples and States in the World Community
for designing and implementing these illegal, criminal and reprehensible
policies and practices against Indigenous Peoples and Peoples of Color
living in North America, and especially against Puerto Rico and the
Puerto Ricans.
Obviously, in my brief
presentation here today, I do not have the time to go through each and
every one of these eight charges; to discuss all of the factual evidence
that supported these eight charges; or to provide you with an analysis
of the international legal bases for each one of these eight charges.
For that type of information, I refer you to the Video and the Book on
the San Francisco Tribunal as well as to its Verdict, Preliminary
Findings, and Order itself. But in the discussions that follow today, I
will be happy to respond to any questions you might have.
Thank you.
