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Former U.S. Marine Seeks Charge of Crimes Against Humanity Against U.S.
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 Servicemembers 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.
FOR IMMEDIATE RELEASE
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 Servicemembers 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.
Press Conference Former U.S. Marine,Kenneth Nichols will make a statement and take questions from all media agents.
All Activists and concerned people are hereby invited to attend. Bring signs or material if you like.
Contact # Ken Nichols 06 2220 4574 email uksociety@hotmail.com
"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.
Blacks 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 Nazis 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",
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:
I have the right to renounce my UNITED STATES citizenship,
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 103-150s 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 Hawaiis 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 Hawaiis 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 1991is 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 Iraqs 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 video documentation of alleged civil rights violations.
Video footage of Nichols involvement in marine rescues with his business "Deep Ecology Hawaii." (see 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 the "Non-Violence Resolution" written by Nichols which was enacted into Hawaiian Kingdom Law in 2001 and numerous others pertaining to his commitment to peaceful and lawful means of resistance.
The following notice will be legally served to U.S. Consulate Officials on July 1, 2002
INTERNATIONAL NOTICE
From Kenneth Roy Nichols
DECLARATION OF DE JURE STATELESS STATUS EFFECTIVE UPON RENUNCIATION OF MARCH 1 2001
Quilibet Potest Renunciar Juri Pro Se Inducto
Anyone May Renounce A Right Introduced For His Own Benefit
WHEREAS, citizenship is synonymous with Allegiance, I have absolutely no Allegiance to the UNITED STATES of AMERICA;
WHEREAS, citizenship is synonymous with Residence, I maintain no Residence in the UNITED STATES of AMERICA;
WHEREAS, UNITED STATES Judge David L. Fong unlawfully issued an $11,000 Bench Warrant for my arrest on November 30, 2000;
WHEREAS, This $11,000 Bench Warrant is proven unlawful by the official audio recording of court proceedings on Nov. 30, 2000 and the official court transcript. (tape #W00-146: 414-464, Wahiawa);
WHEREAS, the action of the dishonorable Judge Fong, a US agent, is a direct attempt by the UNITED STATES to intimidate and punish me primarily for my participation and Allegiance within the Lawful Hawaiian Government and Nation;
WHEREAS, this arrest warrant remains active in spite of its unlawful issuance and several attempts by myself to effect a legal remedy;
WHEREAS, I was compelled to leave my home and Nation of Hawaii in order to avoid imprisonment and continue my role in the peaceful and lawful struggle for Hawaiian Independence through Self Determination, as outlined by Public International Law and Human Rights Law;
WHEREAS, Independence is synonymous with Freedom, the human right of Self Determination embodies the essence of individual and political Freedom;
WHEREAS, UNITED STATES Law, Public International Law, and Human Rights Law all affirm the right of Self Determination;
WITH REGARD TO TERRORISM, the United States is by virtue of the logical, legal, and historically established definition of the word, the greatest terrorist entity in the history of the world;
WHEREAS, the definition of terrorism follows:
terrorism, n. The use or threat of violence to intimidate or cause panic, esp. as a means of affecting political conduct. Blacks Law Dictionary
WHEREAS, the UNITED STATES has no lawful authority to label any individual, group, or nation as a terrorist by virtue of its own undeniable status as the worlds preeminent terrorist;
WHEREAS, our fear, inaction, and blind ignorance of propaganda has shamefully allowed the rogue terrorist nation of the UNITED STATES to actually "lead" the so-called "War on Terror";
WHEREAS, I HEREBY REJECT the farce known as the "War on Terror" which is in reality the ultimate "War on Freedom";
WHEREAS, I acknowledge by passage of the so-called "Patriot Act" of October 26, 2001, I, as a non-US citizen (and all other non-US citizens) can be legally and secretly kidnapped by US agents (FBI, CIA, ATF, NSA, "Homeland Defense", Secret Service, Federal Marshalls, etc.) forcibly held (indefinitely), then beaten (by law), tortured (by law), denied chosen legal representation (by law), found guilty of crimes based on secret evidence and witnesses (by law), in a secret military tribunal (by law), and executed (by law), all in secret, should I risk returning to the US controlled territory of Hawaii or the UNITED STATES;
WHEREAS, the traitorous actions of the U.S. Federal Government through the passage of the Patriot Act has destroyed all protections the UNITED STATES Constitution and Bill of Rights were intended to provide;
WHEREAS, the UNITED STATES has officially declared by law that it reserves the right to "invade" The Netherlands, a peaceful, free and democratic society, should it employ the mandates of Public International Law through the International Criminal Court (ICC);
WHEREAS, I declare that I am not a terrorist, will never be a terrorist, nor am I violent. I am simply aware of ongoing global injustice at the hands of the powerful, and I am deeply concerned for all life both present and future;
WHEREAS, I am not a criminal and I am therefore not fleeing any lawful prosecution;In Recognition of the Above Facts, I acknowledge the nation of ones birth as an involuntary consequence, not duty. Therefore, I Kenneth Roy Nichols have Lawfully Renounced my UNITED STATES citizenship in accordance with Public International Law and Human Rights Law, in favor of Statelessness; effective March 1, 2001;
WHEREAS, upon two previous and Lawful Renunciations, I have voluntarily relinquished my US passport, # 120689595, to officials of UNITED STATES Consulates, twice (Us Consul Steve Giegerich - Vancouver 3-1-01/US Vice Consul Carl Risch -- Amsterdam 11-26-01);
WHEREAS, I will publicly burn US passport #120689595 before the United States Consulate in Amsterdam, if returned to me for a second time;
WHEREAS, I hold no valid passport for any nation,
WHEREAS, I hold no US Social Security card;
WHEREAS, I hold no US drivers license;
WHEREAS, I claim no benefit, OF ANY KIND, from my former US citizenship;
WHEREAS, despite the immense power of the UNITED STATES OF AMERICA, they are powerless in controlling my Free Will and thus have no slave, subject, or citizen in Kenneth Roy Nichols;
WHEREAS, I Kenneth Roy Nichols am a Self Determined Free person of Planet Earth, and hereby lawfully pronounce my Lawful status, as of March 1, 2001, as STATELESS.
OBJECTION PERIOD - 30 DAYS
All objections to this Lawful NOTICE must be posted no later than July 31, 2002.
Objections must be sent by registered mail to Mr. Nichols attorney at;
MR DRS P.B.PH.M BOGAERS
ATTN; Kenneth Roy Nichols
Schakelstede 1-3
3431 HB Nieuwegein
Nederlands
Thereafter All Objections Will Be Deemed Waived
Useful Documents, Definitions & Quotes
"ARTICLE 15 -- (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality."
"ARTICLE 14 -- (1) Everyone has the right to seek and enjoy in other countries asylum from persecution."
"ARTICLE 28 -- Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized." United Nations Universal Declaration of Rights
"But every man is born free, and therefore the son of a citizen, when arrived at the age of reason, may consider whether it is well for him to join the society in which he happens to be by birth. If he does not find that it is to his advantage to remain in it, he has the right to leave it..." The Law of Nations
"All peoples have the right to self-determination; by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development."
"All armed action or repressive measures of all kinds directed against dependent peoples shall cease in order to enable them to exercise peacefully and freely their right to complete independence, and the integrity of their national territory shall be respected." 1514 (XV) United Nations Declaration Granting Independence to Colonial Countries and Peoples
"A refugee is someone who has a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it." Article 1 (A) section 2 of the 1951 Geneva Convention
allegiance. 1. A citizens obligation of fidelity and obedience to the government or sovereign in return for the benefits of the protection of the state. Blacks Law Dictionary -- Seventh Edition
jurisdiction, n. 1. A governments general power to exercise authority over all persons and things within its territory. 2. A geographic area within which political or judicial authority may be exercised. Blacks Law Dictionary -- Seventh Edition
de facto 1. Actual; existing in fact; having effect even though not formally or legally recognized. 2. Illegitimate but in effect.de jure Existing by right or according to law. Blacks Law Dictionary -- Seventh Edition
war crime. Conduct that violates international laws governing war. • Examples of war crimes are the killing of hostages, abuse of civilians in occupied territories, abuse of prisoners of war, and devastation that is not justified by military necessity. Blacks Law Dictionary -- Seventh Edition
freedom, n. 1. The state of being free or liberated. 2. A political right. Blacks Law Dictionary -- Seventh Edition
Our commitment to human rights is not new. The United States took the lead in furthering the realization of universal human rights worldwide in the last half of the 20th century. The Department of State's Country Reports on Human Rights Practices are a tangible manifestation of our deep and abiding belief in and commitment to the universality of human rights. They also remind those of us who believe in human freedom and the rule of law of the challenges that lie before us at the beginning of this century. Colin L. Powell - Secretary of State of the United States
11. Indeed these events further strengthened our resolve to help ensure these rights for people everywhere. We will continue to press for human rights, democratic processes, and civil liberties in all countries using the range of tools available to us. Lorne W. Craner -- Asst. Secretary of State of the United States Bureau of Democracy, Human Rights and Labor
"Those who will give up their freedoms for security, will end up with neither." Ben Franklin
"Freedom and fear are at war. The advance of human freedom -- the great achievement of our time, and the great hope of every time -- now depends on us." George W. Bush - State of the Union address on September 20, 2002
"The people can always be brought to the bidding of the leaders. That is easy. All you have to do is tell them they are being attacked, and denounce the peacemakers for lack of patriotism and exposing the country to danger. It works the same in any country." -- Herman Goering (Hitler's right hand man) at the Nuremberg Trial
"A time comes when silence is betrayal." Dr. Martin Luther King, Jr.
"The first step is to penetrate the clouds of deceit and distortion and learn the truth about the world, then to organize and act to change it. That's never been impossible and never been easy." Noam Chomsky
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