geert lovink on Fri, 28 Jun 2002 12:44:01 +0200 (CEST)


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[Nettime-nl] voormalig vs marinier daagt vs aan (vanuit nederland)


(forwarded by Bart Plantenga, [email protected])

*********************************** 

FOR IMMEDIATE RELEASE - TO ALL MEDIA AGENTS 

Subject: To mark the birth of the International Criminal Court (ICC), a
former UNITED STATES Marine announces his intent to seek legal
representation in order to charge the U.S with War Crimes for Human
Experiments during the Gulf War (details below) and Crimes Against
Humanity for its use of Depleted Uranium (DU) with absolute knowledge
that its use would cause massive birth deformities and death from
radiation exposure. Kenneth Nichols is currently seeking political
asylum in Holland and will additionally Serve Legal Notice to the U.S.
officials of his human right to Self Determination as a final action in
renouncing U.S. citizenship. As a symbolic action to affirm his human
rights he will Burn his U.S. Passport. For what appears to be the first
time in history, a birth citizen of the UNITED STATES is renouncing his
citizenship in favor of being Stateless. This action is also in protest
of ongoing U.S. policies, specifically the "American Service members
Protection Act (ASPA)," the "Patriot Act," and most notably the blatant
U.S. hostility and threats against those who support the formation of
the ICC. Currently the UNITED STATES is the only Western Democratic
nation opposed to the ICC. It stands with China, Israel, Libya, and
Iraq, and North Korea in this position. 

Where: U.S. Consulate in Amsterdam at Museumplein. 

When: July 1, 2002. 2pm. 

All Activists and concerned people are hereby invited to attend. Bring
signs or material if you like Contact # Ken Nichols 06 2220 4574 email
[email protected] 

"All peoples have the right of self-determination. By virtue of that
right they freely determine their political status and freely pursue
their economic, social and cultural development." 

2200A (XXI) International Covenant on Civil & Political Rights (ICCPR) 

Despite having completed an extensive legal renunciation process in
accordance with U.S. Law, International Law, and Human Rights Law, the
State Department of the U.S. has attempted to deny Kenneth Nichols his
right to renounce U.S. citizenship. Nichols has complied with all laws
pertaining to renunciation of citizenship and he has denounced America
publicly as "the #1 terrorist on the planet," left the U.S. and
relinquished his passport, twice and rejected any "allegiance" to
America to confirm his rights and convictions. Is Mr. Nichols in light
of these facts still a U.S. citizen? He says the legal definition of the
word citizen under U.S. law is enough to answer that question. 

citizen, n. 1. A person who, by either birth or naturalization, is a
member of a political community, owing allegiance to the community and
being entitled to enjoy all its civil rights and protections; a member
of the civil state, entitled to all its privileges. 

Black s Law Dictionary Seventh Edition 

How much does the US intend to "Protect" its people with the enactment
of the American Servicemembers Protection Act? Nichols views this law as
a farce that intends to intimidate and terrorize the ICC and European
people into submission. To support his contention that the law is a
farce Nichols points to his Gulf War service as a U.S. Marine. During
this time he was injected with the drugs now known (despite huge
obstacles by the U.S. and British Governments) to be directly linked to
"Gulf War Syndrome" through extensive scientific study. 

"I was one of approximately 600,000 service members who received a
battery of immunizations and pills, specifically pyridostigmine bromide
pills and anthrax and botulinum toxoid vaccines. These pharmaceutical
creations were supposedly meant to protect us against chemical and
biological weapons. In reality, for many of us, these same drugs were
our death warrants." (Nichols) 

The U.S. Government has since admitted that these drugs were known to be
"experimental" at the time of use. 

There is no provision in the Nuremberg Code that allows a country to
waive informed consent for military personnel or veterans who serve as
human subjects in experiments during wartime or in experiments that are
conducted because of threat of war. However, the UNITED STATES
Department of Defense (DOD) has recently argued that wartime
experimental requirements differ from peacetime requirements for
informed consent. According to the Pentagon, "In all peacetime
applications, we believe strongly in informed consent and its ethical
foundations.....But military combat is different." 

Human Research Subject Protection 

It appears that the U.S. has officially condoned human experiments in
wartime without informed consent. A logical question then becomes does
international law and opinion also agree that human experiments without
consent are morally acceptable and valid in war? Nichols believes both
law and opinion overwhelmingly see this as a War Crime. 

"When the Nazi s did this to the Jews it was a War Crime. What should we
call it today? Ultimately I intend to bring legal charges against the
UNITED STATES for War Crimes." (Nichols) 

In addition Nichols says he was likely exposed to Depleted Uranium (DU)
from downed Iraqi tanks and vehicles he and his unit had direct contact
with during combat missions in Kuwait. Partial support for this belief
comes from several miscarriages with his former wife and his apparent
inability to produce children. 

Study: More birth defects found in Gulf War babies 

The rising number of cases in Iraq, particularly in the South where the
greatest concentration of DU was fired, is simply staggering. Iraqi
physicians have never encountered anything like it, and have made the
perfectly reasonable point that similar increases in cancer and
deformities were experienced in Japan after the two US atomic bomb
attacks. Cancer has increased between 7 and 10 fold; deformities between
4 and 6 fold. 

LIFE magazine November 1995 

"Once inside the body, DU causes a slow death from cancers, irreversible
kidney damage or wastage from immune
deficiency disorders. In the UK (with far less combat soldiers than the
US), there are more than 400 veterans who are estimated to have died
from "Gulf War Syndrome", says Dr. Durakovic - Professor of Nuclear
Medicine, Georgetown University. Coincidentally Dr. Durakovic was forced
to flee the U.S. due to threats against his life "if he were to continue
his research." 

"I was likely exposed to DU without my knowledge and I was definitely
given experimental drugs without my
knowledge. I may very well die from these hideous violations of human
rights in which the U.S. Government all
the way up to George Bush Sr. were fully aware. The fact that Iraqi
families have endured incalculable pain and suffering from DU and are
terrorized with potential bomb attacks by the US is enough in itself to
renounce
citizenship, that is the least I can do. This is a question of human
rights vs. state tyranny, and the U.S. represents modern global tyranny
like no other" (Nichols) 

"Along with methodological and historical descriptions, topical
discussions, and records series descriptions, the Roadmap included
summaries of approximately 150 human radiation experiments associated
with DOE (UNITED STATES Department of Energy) and its
predecessors. Those summaries are included here, along with summaries
of over 275 additional studies that have since been identified,
documented, and confirmed. Taken together, these summaries describe a
wide range of activities from the early 1940s through the early 1970s." 

Ellyn R. Weiss, Special Counsel and Director - Office of Human Radiation
Experiments U.S. Department of Energy - July 1995 (full document at
www.ohre.doe.gov) 

"Shocking as it may sound, the U.S. Government has openly admitted that
it conducted human experiments on
U.S. citizens without their knowledge. Not only were these experiments
conducted, but they were systematically
done over several decades. That alone fits the criteria for a Crime
Against Humanity. The knowledge gained from these human experiments
means that the use of Depleted Uranium in Iraq or the Balkans is with
full knowledge of the results to human health. In other words, the
horrendous birth deformities in Iraq were approved by the U.S.
Government all the way to the top." (Nichols see
www.web-light.nl/VISIE/extremedeformities.html) 

In the aftermath of the tragic 9-11 events and the subsequent wave of
patriotism Nichols felt forced to leave his home, business, and his
family in order to seek political asylum and safety from persecution in
Holland. He has proof that the US was politically targeting him,
primarily for his participation in the Hawaiian Independence movement.
Partial proof of this is an $11,000 "Bench Warrant" issued for his
arrest in which official court transcripts prove his innocence
(available on request). As an act of conscience and in protest of U.S.
policies he began the process of legally renouncing his US citizenship
in 1999. 

Among the documents required for renunciation of citizenship by the
UNITED STATES Department of State is the
"RENUNCIATION OF UNITED STATES CITIZENSHIP STATEMENT OF UNDERSTANDING
CONCERNING THE CONSEQUENCES AND RAMIFICATIONS OF RENUNCIATION." 

The document states: 

I, Kenneth Roy Nichols , understand that: 

1. I have the right to renounce my UNITED STATES citizenship, 
2. If I do not possess the nationality/citizenship of any country other
than the UNITED STATES, upon my
renunciation I will become a stateless person and may face extreme
difficulties in travelling internationally and entering most countries.
(available upon request) 

Nichols legally swore and signed to these terms and yet the UNITED
STATES response was to reject his renunciation of citizenship. This was
based on the fact that he "returned to Hawaii without registering as an
alien." The State Department ignored all reference to his detailed
"Declaration of Expatriation" which addressed specifically the
historical facts surrounding Hawaii. Most importantly, UNITED STATES
Federal Law, "PUBLIC LAW 103-150." This law took affect with the
signature of then President Bill Clinton in November 1993, 100 years
after the illegal overthrow of the Hawaiian Nation.
The law states: 

"Whereas, on January 14, 1893, John L. Stevens, the United States
Minister assigned to the sovereign and
independent Kingdom of Hawaii conspired with a small group of
non-Hawaiian residents of the Kingdom of Hawaii including citizens of
the United States, to overthrow the indigenous and lawful Government of
Hawaii&" 

It goes further to say; 

"Whereas the indigenous Hawaiian people never directly relinquished
their claims to their inherent sovereignty as a people or over their
national lands to the United States, either through their monarchy or
through a plebiscite or referendum&" 

In light of Public Law 103-150 s shocking confession that the U.S.
Government committed the international crime of conspiracy in
overthrowing the lawful government of Hawaii, the question now becomes
what happened to this government?
No one would dispute whether the U.S. has controlled Hawaii since the
overthrow; it has, by virtue of the crime of conspiracy. Even more
shocking than the U.S. confession above is the answer to the question,
what happened to the "sovereign and independent Kingdom of Hawaii?" The
answer is it was "Reinstated" on March 13, 1999 in accordance with the
extensive dictates of Public International Law (www.reinstated.org). 

"This partially explains why the U.S. is reserving the right to invade
Holland (by virtue of the ASPA) and all
other nations. They know the power of international law and are actually
fearful of its application. Specifically, they fear the law being used
equally and therefore against them for countless crimes against
humanity, but also for the power of law to serve the Hawaiian Nation in
its just cause for independence." (Nichols) 

He says that international law provides the remedy for small nations and
individuals that have been violated by large and powerful nations. 

"The Rule of postliminium is that by which the persons and property
captured by the enemy are restored to their former status on coming
again into the power of the Nation to which they belong." 

The Law of Nations (E. DE Vattel) 

Of even greater interest to the Dutch people is the fact that Queen
Beatrix herself, and the Minister of Foreign Affairs are aware of the
Reinstated Kingdom of Hawaii. Nichols has proof of this via a letter
signed by Mrs. N. van de Pol of the Queens Cabinet on August 20, 1999.
(Available on request). Furthermore, a critically important legal notice
was served in Hawaii's largest newspaper on September 9, 2001 (available
on request) by the Kingdom of Hawaii announcing its intent to exercise
the natural rights of a sovereign nation as it did before the overthrow.
This legal notice provided the opportunity for the U.S. Government to
"Object." By objecting it could then dispute the Kingdom of Hawaii s
claim to sovereign rights, either in U.S.
Courts or an International Court. 

"THERE WAS NO OBJECTION BY THE UNITED STATES! This is legal proof that
the Hawaiian Nation exists and is in fact the lawful authority in
Hawaii, not the UNITED STATES! (Nichols) 

"Immediate steps shall be taken, in trust and non-self-governing
territories or all other territories which have not yet attained
independence, to transfer all powers to the peoples of those
territories, without any conditions or reservations, in accordance with
their freely expressed will and desire, without any distinction as to
race, creed or colour, in order to enable them to enjoy complete
independence and freedom." 

1514 (XV) United Nations Declaration Granting Independence to Colonial
Countries and Peoples Kuwait in 1991 is a sterling example of Public
International Law protecting weak nations from large powerful nations.
This was the maxim of law exercised during the Gulf War for restoring
(Reinstating) Kuwait to power after Iraq s invasion in 1990. 

"We have before us the chance for a New World Order, an order where the
Rule of Law, not the Law of the Jungle, governs the conduct of nations." 

George Bush Sr. State of the Union address January 1991 

"If Europeans capitulate and ultimately tolerate U.S. threats of
invasion, they will invite the continued abuse of law for the benefit of
the powerful minority at the expense of the politically, economically
and militarily weaker nations. This would be a true disaster, not just
for the typical third world victims, but even for free European and
therefore Dutch men, women and children" (Nichols) 

Material available for media agents interested in this story will
include: 

Video footage of Nichols denouncing U.S. Senators, Congressmen,
Generals, and various other U.S. agents at
Federal Hearings for ongoing crimes in Hawaii and renouncing U.S.
citizenship in December 1999. And at a
University lecture in California just before leaving the U.S.. 

Hidden camera video of Nichols challenging a judge in a U.S. court
regarding civil rights abuses and the courts blatant violation of
Article I of the Bill Of Rights (free press) by not allowing visible
video documentation. 
Video footage of Nichols involvement in marine rescues with his business
"Deep Ecology Hawaii." (see
<http://www.deepecology1.com/>www.deepecology1.com) 
Photographs of Nichols as a U.S. Marine, political activist, and marine
conservationist rescuing endangered Green Sea Turtles in Hawaii (40
rescues total). 
Various documents including those listed above along with his
"Non-Violence Resolution" which was enacted into
Hawaiian Kingdom Law in 2001 and numerous others pertaining to his
commitment to peaceful and lawful means of
resistance. 

Kenneth Nichols 
Universal Kinship Society 
Phone in Holland - 06 1125 8454 
<[email protected]>



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