RAMADAN v. BUSH et al

Filing 8

Attachment 1
RESPONSE TO PETITION FOR HABEAS CORPUS re 1 Petition for Writ of Habeas Corpus, filed by GEORGE WALKER BUSH, ROBERT M. GATES, DAVID PETRAEUS, JOHN ABIZAID, DAVID C. NICHOLS, JR, TIMOTHY F. GHORMLEY. (Attachments: # 1 Exhibit UNSCR 1511# 2 Exhibit UNSCR 1546# 3 Exhibit Crank Decl.# 4 Exhibit IHT Statute)(Abate, Michael)

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RAMADAN v. BUSH et al Doc. 8 Att. 1 Case 1:07-cv-00297-PLF Document 8-2 Filed 02/23/2007 Page 1 of 4 United Nations S/RES/1511 (2003) D i st r. : General 1 6 October 2003 Security Council Resolution 1511 (2003) Adopted by the Security Council at its 4844th meeting, on 16 October 2003 T h e Security Council, R e a ffi r m in g its previous resolutions on Iraq, including resolution 1483 (2003) o f 22 May 2003 and 1500 (2003) of 14 August 2003, and on threats to peace and s e c u r i t y caused by terrorist acts, including resolution 1373 (2001) of 28 September 2 0 0 1 , and other relevant resolutions, U n d e r s c o r in g that the sovereignty of Iraq resides in the State of Iraq, re a ff i r m in g the right of the Iraqi people freely to determine their own political future a n d control their own natural resources, reiterating its resolve that the day when I r a q i s govern themselves must come quickly, and recognizing the importance of i nt e r n a ti o n a l support, particularly that of countries in the region, Iraq's neighbours, a n d regional organizations, in taking forward this process expeditiously, R e c o g n i z in g that international support for restoration of conditions of stability a n d security is essential to the well-being of the people of Iraq as well as to the a b i l i t y of all concerned to carry out their work on behalf of the people of Iraq, and w e l c o m in g Member State contributions in this regard under resolution 1483 (2003), We l c o m i n g the decision of the Governing Council of Iraq to form a preparatory c o n s t it u ti o n a l committee to prepare for a constitutional conference that will draft a c o n s t it u ti o n to embody the aspirations of the Iraqi people, and urging it to complete t hi s process quickly, A ff i r m in g that the terrorist bombings of the Embassy of Jordan on 7 August 2 0 0 3 , of the United Nations headquarters in Baghdad on 19 August 2003, of the I ma m Ali Mosque in Najaf on 29 August 2003, and of the Embassy of Turkey on 14 O c to b e r 2003, and the murder of a Spanish diplomat on 9 October 2003 are attacks o n the people of Iraq, the United Nations, and the international community, and d e p l o ri n g the assassination of Dr. Akila al-Hashimi, who died on 25 September 2 0 0 3 , as an attack directed against the future of Iraq, I n that context, recalling and reaffirming the statement of its President of 20 A u g u s t 2003 (S/PRST/2003/13) and resolution 1502 (2003) of 26 August 2003, D e te r m i n i n g that the situation in Iraq, although improved, continues to c o n s t it u t e a threat to international peace and security, 03-56391 (E) *59 061 33* Dockets.Justia.com Case 1:07-cv-00297-PLF Document 8-2 Filed 02/23/2007 Page 2 of 4 S/RES/1511 (2003) A c t in g under Chapter VII of the Charter of the United Nations, R e a ffi r m s the sovereignty and territorial integrity of Iraq, and 1. u n d e r s c o re s, in that context, the temporary nature of the exercise by the Coalition P r o v i si o n a l Authority (Authority) of the specific responsibilities, authorities, and o b l i g a tio n s under applicable international law recognized and set forth in resolution 1 4 8 3 (2003), which will cease when an internationally recognized, representative g o v e r n m e n t established by the people of Iraq is sworn in and assumes the r e sp o n s ib il it ie s of the Authority, inter alia through steps envisaged in paragraphs 4 t hr o u g h 7 and 10 below; We l c o m e s the positive response of the international community, in fora 2. s u c h as the Arab League, the Organization of the Islamic Conference, the United N a ti o n s General Assembly, and the United Nations Educational, Scientific and C u l t u r a l Organization, to the establishment of the broadly representative Governing C o u n c i l as an important step towards an internationally recognized, representative go vern ment; S u p p o r t s the Governing Council's efforts to mobilize the people of Iraq, 3. i n c l u d i n g by the appointment of a cabinet of ministers and a preparatory c o n s t it u ti o n a l committee to lead a process in which the Iraqi people will p r o g r e s s i v e l y take control of their own affairs; D e te r m i n e s that the Governing Council and its ministers are the principal 4. b o d i e s of the Iraqi interim administration, which, without prejudice to its further e v o l u t io n , embodies the sovereignty of the State of Iraq during the transitional p e r io d until an internationally recognized, representative government is established a n d assumes the responsibilities of the Authority; A ff i r m s that the administration of Iraq will be progressively undertaken 5. b y the evolving structures of the Iraqi interim administration; C a ll s upon the Authority, in this context, to return governing 6. r e sp o n s ib il it ie s and authorities to the people of Iraq as soon as practicable and re q u e s t s the Authority, in cooperation as appropriate with the Governing Council a n d the Secretary-General, to report to the Council on the progress being made; I n v it e s the Governing Council to provide to the Security Council, for its 7. r e v ie w, no later than 15 December 2003, in cooperation with the Authority and, as c ir c u m s t a n c e s permit, the Special Representative of the Secretary-General, a ti me t a b l e and a programme for the drafting of a new constitution for Iraq and for the h o l d i n g of democratic elections under that constitution; R e so lv e s that the United Nations, acting through the Secretary-General, 8. h i s Special Representative, and the United Nations Assistance Mission in Iraq, s h o u ld strengthen its vital role in Iraq, including by providing humanitarian relief, p r o mo t i n g the economic reconstruction of and conditions for sustainable d e v e lo p me n t in Iraq, and advancing efforts to restore and establish national and lo c a l institutions for representative government; R e q u e s t s that, as circumstances permit, the Secretary-General pursue the 9. c o u r se of action outlined in paragraphs 98 and 99 of the report of the SecretaryG e n e r a l of 17 July 2003 (S/2003/715); 2 Case 1:07-cv-00297-PLF Document 8-2 Filed 02/23/2007 Page 3 of 4 S/RES/1511 (2003) 1 0 . Ta k e s note of the intention of the Governing Council to hold a c o n s t it u ti o n a l conference and, recognizing that the convening of the conference will b e a milestone in the movement to the full exercise of sovereignty, calls for its p r e p a r a ti o n through national dialogue and consensus-building as soon as practicable a n d requests the Special Representative of the Secretary-General, at the time of the c o n v e n i n g of the conference or, as circumstances permit, to lend the unique e x p e r ti s e of the United Nations to the Iraqi people in this process of political tr a n s i ti o n, including the establishment of electoral processes; 11 . R e q u e s t s the Secretary-General to ensure that the resources of the United N a ti o n s and associated organizations are available, if requested by the Iraqi G o v e r n i n g Council and, as circumstances permit, to assist in furtherance of the p r o g r a m m e provided by the Governing Council in paragraph 7 above, and e n c o u r a g e s other organizations with expertise in this area to support the Iraqi G o v e r n i n g Council, if requested; 1 2 . R e q u e s t s the Secretary-General to report to the Security Council on his r e sp o n s ib il it ie s under this resolution and the development and implementation of a ti me t a b l e and programme under paragraph 7 above; 1 3 . D e te r m i n e s that the provision of security and stability is essential to the s u c c e s s f u l completion of the political process as outlined in paragraph 7 above and to the ability of the United Nations to contribute effectively to that process and the i mp le me n t a t io n of resolution 1483 (2003), and authorizes a multinational force u n d e r unified command to take all necessary measures to contribute to the m a i n t e n a n c e of security and stability in Iraq, including for the purpose of ensuring n e c e s s a r y conditions for the implementation of the timetable and programme as well a s to contribute to the security of the United Nations Assistance Mission for Iraq, t h e Governing Council of Iraq and other institutions of the Iraqi interim a d mi n i s t r a ti o n, and key humanitarian and economic infrastructure; 1 4 . U rg e s Member States to contribute assistance under this United Nations m a n d a t e , including military forces, to the multinational force referred to in p a r a g r a p h 13 above; 1 5 . D e c i d e s that the Council shall review the requirements and mission of the m u l t i n a ti o n a l force referred to in paragraph 13 above not later than one year from t h e date of this resolution, and that in any case the mandate of the force shall expire u p o n the completion of the political process as described in paragraphs 4 through 7 a n d 10 above, and expresses readiness to consider on that occasion any future need f o r the continuation of the multinational force, taking into account the views of an i nt e r n a ti o n a l l y recognized, representative government of Iraq; 1 6 . E m p h a si z e s the importance of establishing effective Iraqi police and s e c u r i t y forces in maintaining law, order, and security and combating terrorism c o n s i s te n t with paragraph 4 of resolution 1483 (2003), and calls upon Member S ta t e s and international and regional organizations to contribute to the training and e q u i p p i n g of Iraqi police and security forces; 1 7 . E x p re s se s deep sympathy and condolences for the personal losses s u ff e r e d by the Iraqi people and by the United Nations and the families of those U n i t e d Nations personnel and other innocent victims who were killed or injured in t h e se tragic attacks; 3 Case 1:07-cv-00297-PLF Document 8-2 Filed 02/23/2007 Page 4 of 4 S/RES/1511 (2003) 1 8 . U n e q u i v o c a l l y condemns the terrorist bombings of the Embassy of Jordan o n 7 August 2003, of the United Nations headquarters in Baghdad on 19 August 2 0 0 3 , and of the Imam Ali Mosque in Najaf on 29 August 2003, and of the Embassy o f Turkey on 14 October 2003, the murder of a Spanish diplomat on 9 October 2003, a n d the assassination of Dr. Akila al-Hashimi, who died on 25 September 2003, and e m p h a si z e s that those responsible must be brought to justice; 1 9 . C a ll s upon Member States to prevent the transit of terrorists to Iraq, arms f o r terrorists, and financing that would support terrorists, and emphasizes the i mp o r t a n c e of strengthening the cooperation of the countries of the region, p a r ti c u l a r l y neighbours of Iraq, in this regard; 2 0 . A p p e a l s to Member States and the international financial institutions to st r e n g t h e n their efforts to assist the people of Iraq in the reconstruction and d e v e lo p me n t of their economy, and urges those institutions to take immediate steps to provide their full range of loans and other financial assistance to Iraq, working w i t h the Governing Council and appropriate Iraqi ministries; 2 1 . U rg e s Member States and international and regional organizations to s u p p o r t the Iraq reconstruction effort initiated at the 24 June 2003 United Nations Te c h n i c a l Consultations, including through substantial pledges at the 23-24 October 2 0 0 3 International Donors Conference in Madrid; 2 2 . C a ll s upon Member States and concerned organizations to help meet the n e e d s of the Iraqi people by providing resources necessary for the rehabilitation and r e c o n s tr u c ti o n of Iraq's economic infrastructure; 2 3 . E m p h a si z e s that the International Advisory and Monitoring Board ( I A M B ) referred to in paragraph 12 of resolution 1483 (2003) should be established a s a priority, and reiterates that the Development Fund for Iraq shall be used in a tr a n s p a r e n t manner as set out in paragraph 14 of resolution 1483 (2003); 2 4 . R e m in d s all Member States of their obligations under paragraphs 19 and 2 3 of resolution 1483 (2003) in particular the obligation to immediately cause the tr a n s f e r of funds, other financial assets and economic resources to the Development F u n d for Iraq for the benefit of the Iraqi people; 2 5 . R e q u e s t s that the United States, on behalf of the multinational force as o ut li n e d in paragraph 13 above, report to the Security Council on the efforts and p r o g r e s s of this force as appropriate and not less than every six months; 26. D e c i d e s to remain seized of the matter. 4

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