Monday, October 11, 2004
A Courtroom Speech
By Rosemarie Jackowski
On March 20, 2003, I participated in a peaceful protest against the war. I was arrested, incarcerated, handcuffed, booked, fingerprinted, had mug shots taken, put on trial, convicted and sentenced. My conviction is currently under Appeal in the Vermont State Supreme Court. Courtroom procedure allows the condemned the Right of Allocution. This was the first time that I was allowed to speak freely and openly to the court. Below are my words, as I spoke them, to Judge David Suntag, in Vermont District Court, in Bennington, Vt., on October 7, 2004.
Your Honor, I would like to express my gratitude to you, the Prosecutor Mr. McManus, the members of the Bennington Police Department, to my family, especially Christine, to all those who support me, and especially to Mr. Saltonstall.
It is my profound respect for the Rule of Law that brought me to the 4 corners on March 20, 2003. At the precise moment of my arrest, the federal government of the United States was bombing civilians. The bombing of civilians is a violation of international law, a violation of U.S. treaties, a crime against humanity, and a war crime. Now that same government is sitting in judgment of many who have protested the war. Last week, in a court in Philadelphia, Lillian Willoughby, an 89-year-old deaf woman, in a wheelchair, was sentenced to prison. She had participated in a peaceful protest. Also in Philadelphia, Andrea Ferich, a 22 year old, was sentenced and she has just spent a week in solitary confinement. She also had participated in a peaceful protest. I have just been told that Michael Berg, father of Nick Berg, was arrested in a peaceful protest on Saturday, in Washington. All over this country, hundreds of those who have peacefully protested the war, are now condemned by the government. The way that this country is headed, eventually, all people of peace will be behind bars. I am in solidarity with them and all others who have resisted the government in the past, or will do so in the future.
Your Honor, it is with deep respect that I voice some concerns. How can it be that a nation, that is itself in violation of the law, can then hope to impose the rule of law on its citizens? I believe that either the rule of law applies to everyone, or else it applies to no one. Even a nation as powerful as the United States, can not have it both ways. The fact that the government of the U.S. is in violation of the law, is a fact that has been documented by many around the world. William Blum, one of the world’s leading historians, and also former member of the U.S. State Dept., has authored several books on the topic...even naming one of his books about US foreign policy, Rogue State.
I have here a copy of the Indictment of 19 charges against members of the government as compiled by former U.S. Attorney General Ramsey Clark. [I held the documents up for all to see.] Also, here is a statement from a group of U.S. law professors. The statement is entitled “U.S. Lawyers Warn Bush on War Crimes.” Also, here is a report from an international human rights organization that is accredited by the United Nations. This report documents extensive U.S. war crimes in Iraq. This is just a small sample of information that is easily available. Can all of these experts be wrong? Also, I have here an Associated Press report that was released shortly before my arrest, stating that the U.S. was threatening to use nuclear weapons. That, too, is a war crime.
Your Honor, I believe that our government will not regain its legal and moral authority until it gives up its life of International Crime, and in the words of William Blum, is no longer a rogue state. It is important to say here, that the war in Iraq is not the first violation of human rights and International Law by the U.S. The abuse of people, people just like you and me, started back in 1492 and has been a consistent pattern ever since. Talk to some Native Americans, especially now that Columbus Day is upon us. Talk to our black brothers and sisters. Talk to the people of Diego Garcia or Panama or Hiroshima or Cuba....the list is endless.
As individual citizens, we all have rights and responsibilities. I believe that it is the responsibility of all citizens to resist any government, anywhere, anytime, when that government is slaughtering civilians. I, and many other protesters that I know, would gladly spend the rest of our lives in prison, if only the U.S. would stop bombing civilians.
I have always been opposed to any form of violence. Seeing the photographs of the bombed Iraqi children has changed my life and strengthened my commitment to working for justice for those children. I do not understand how anyone can stand by silently, while knowing that civilians are being bombed. If what I, and the many thousands of others who protested the war, did, was wrong...what then would be the right thing to do? If you saw a child being beaten up and murdered on Main Street by a gang of thugs, should you write a letter to the editor or call your congressman or write a book on how adults should interact with children? Of course not. When children are being killed, immediate, direct, and powerful intervention is called for. What the other protesters and I did should be criticized in only one area. We all did too little. To all of the people of Iraq, I would like to say, “I am sorry. I will try to do better in the future.”
I pray for the day when factory workers join with farmers, and police officers join with poets, and judges join with veterans in protesting the illegal acts of our government. Now is a time in history when silence is the greatest of all crimes.
What happens to me here today is not important. Since the day of my arrest, more than 13,000 Iraqi civilians, many of them children, have been killed. That IS important.
Rosemarie Jackowski is an advocacy journalist living in Vermont. She can be reached at firstname.lastname@example.org.Share