Statement of Claim

Index of Parts

• Digest
  A brief summary of sections 5, 6 and 7 dealing with the Principle Issues
• [1] SUMMARY OF FACTS
  • (1.1) The events of the week commencing Monday 17th March 2003
  • (1.2) The Criminal Informations laid
  • (1.3) The appearance before Carmarthen Magistrates' Court
  • (1.4) The letter to Horseferry Road Magistrates' Court & the reply of Judge Workman
• [2] THE DECISIONS CHALLENGED
  • (2.1) The letter of Mr Walsh on behalf of the Carmarthen Justices
  • (2.2) The Judgement of the Senior District Judge (Mr Workman)
  • (2.3) Gravamen of the decisions challenged
• [3] THE RELIEF SOUGHT
• [4] THE PRINCIPAL ISSUES
• [5] THE FIRST PRINCIPAL ISSUE
  Is there an offence of committing a 'Crime Against Peace' under Customary International Criminal Law, and if so how is it defined?
  • (5.1) The Definition of a 'Crime Against Peace'
  • (5.2) War & the unlawful use of ARMED FORCE
  • (5.3) The Definition of 'AGGRESSION'
  • (5.4) The Breach of International Treaties etc.
  • (5.5) Conclusions
• [6] THE SECOND PRINCIPAL ISSUE
  Can individual persons be criminally liable for committing a 'Crime Against Peace'?
  • (6.1) The Attorney-General Before the Nuremberg Tribunal
  • (6.2) The Nuremberg Principles of Individual Liability
  • (6.3) The Judgement of the Nuremberg Tribunal
  • (6.4) The Internaional Law Commission & The DRAFT CODE on Offences Against the Peace & Security of Mankind (1999)
  • (6.5) Authorities on Individual Liability quoted in the Eichmann Appeal
  • (6.6) Conclusion
• [7] THE THIRD PRINCIPAL ISSUE
  Is the offence, complete with individual liability, adopted into and thereby forms a part of, the English common law?
  • (7.1) The Doctrine of Adoption
  • (7.2) The Precedent of 'Piracy'
  • (7.3) "Universal Jurisidiction" and "War Crimes"
  • (7.4) Limitations on the Application of the Doctrine of Adoption
  • (7.5) Judge Workman's Perspective
  • (7.6) Conclusion
• [8] POTENTIAL FURTHER CONTENTIONS
  Going to an alleged lack of jurisdiction in the ordinary criminal courts for the prosecution sought.
  • (8.0) Potential Further Issues Introduction
  • (8.1) Crown Prerogative & the Rule of Law
  • (8.2) National Security & Non-Justiciability
  • (8.3) Applying 'Act of State' to the Criminal Jurisdiction
  • (8.4) Extending Common Law Crown Immunity in Civil Law
  • (8.5) 'Mala fides', 'Abuse of Process' & 'Vexatious Litigation'
  • (8.6) Evasion of Procedural Safeguards in Legislation

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