August 9, 2004
OPEN LETTER TO THE AMERICAN PEOPLE
Chief Prosecutor, International Criminal Court
2516 AB The Hague
Re: Request for Advisory Opinion and Personal Meeting to discuss Crimes against Humanity and other American Constitutional Rights Violations arising out of the United States Armed Forces and denied redress by the United States Government under the provisions of the Feres Doctrine."
Dear Chief Prosecutor Luis Moreno-Ocampo:
As the founder of (VERPA), I have been asked by our Board of Directors and supporters to contact you.
I am writing to seek an advisory opinion whether or not you the International Criminal Court (ICC), possess jurisdiction to entertain a petition we wish to file with your office.
We are searching for resolution of human and constitutional rights abuses being denied redress in our national (federal) court system under the provisions of the Feres Doctrine and condoned by the United States Congress.
We have reason to believe the ICC is our last resort based upon the fact our national courts are unwilling to act and prevent the crimes being committed and condoned under the Feres Doctrine.
I respectfully request, that prior to your deciding whether our petition to you is legally feasible, I be provided the opportunity to meet with you in person. In the interim, the following information is provided for your review:
Who We Are
VERPA incorporated as an American military, veterans and families grassroots organization in 1999. Our primary objective is to compel the United States Congress to act and remedy the 1950 United States Supreme Court decision entitled the Feres Doctrine. Moreover, we are now a registered member of the Coalition for the International Criminal Court (CICC). We are a very viable organization made up of Americans from all across the United States to include Citizens dating back to the inception of the Feres Doctrine.
It is our legal position the unconstitutional Feres Doctrine has afforded individual federal employees in the United States Department of Defense (DOD/Armed Forces) to engage in crimes against humanity, constitutional rights and systemic abuses to include, but not limited to the following wrongful acts or omissions:
(1), Murders, (2), Rapes, (3), human experimentation in violation of the Nuremberg Code, (Atomic Testing, LSD, Anthrax, other FDA un-approved inoculations), (4), failure to diagnose and treat Agent Orange and Gulf War Syndrome exposures leading to permanent injury and death, (5), Abuse of Power within military command structure and Gross Negligent Acts to include legal and medical malpractice, (6), Undue Command Influence, (7), Abuse and Double Standards under the Uniform Code of Military Justice (UCMJ), (8) Falsification of Official Documents, and (9), Abuse of the military’s mental health system to retaliate against service members who expose corruption in the DOD/Armed Forces.
Please Note: The aforementioned crimes have no bearing on legitimate military necessity and we do not seek redress of injury or injustice arising out of, or in the course of combat activities. Matters arising out of the course of combat must be remedied under the Uniform Code of Military Justice (UCMJ) to preserve "good order and discipline" in our military for the national defense of our country. We love our country but condemn those individuals who abuse and betray their public trust positions and the American People.
What is the Feres Doctrine?
The Feres Doctrine is an exemption to what is known as the Federal Tort Claims Act (FTCA) of 1946. The FTCA is a statutory body of law passed by the United States Congress to waive "sovereign immunity" granting American citizens and others the right to petition our national courts to redress personal injury or death claims arising from the negligent acts of government employees. However, on December 4, 1950, the United States Supreme Court decided Americans or other legally inducted persons serving in the United States Armed Forces were exempt from petitioning our national courts for redress of wrongs under the FTCA. Thus, for the past 54 years we have been denied the fundamental First Amendment Right under the provisions of the United States Constitution to petition our federal courts for redress of wrongs.
The Feres Doctrine grants "blanket immunity" and we assert, it is not only a danger to the national security of our country, it further violates the United States Constitution. This judicially created body of law has resulted to date in 54 years of unthinkable human and constitutional rights abuses of Americans serving in the United States Armed Forces.
Question Presented to the International Criminal Court (ICC)
Does the United States Supreme Court decision entitled the "Feres Doctrine" allow United States federal government employees to engage in human and civil rights abuses in violation of the United States Constitution and International Law?
We believe the ICC holds jurisdiction to entertain VERPA's petition to redress the crimes against humanity and constitutional rights abuses as set forth above in our list of grievances, based upon the following factors:
a. On July 1, 2002, the ICC Tribunal was legally established in the wake of the Rome Treaty.
b. Since October 8, 2002, (three months after the ICC formed), VERPA has been working with the United States Senate Judiciary Committee and provided this official body with the very grievances stated herein in the wake of its hearings on the Feres Doctrine injustice. Since that hearing, we have worked with Senator Arlen Specter (R-PA), specifically and provided substantial case studies and evidence to support abolishment of the Feres Doctrine via our proposed legislation entitled "The Military and Veterans Equal Rights Protection Act of 2003." Unfortunately, just as we were informed by Senator Specter's office the language of our proposed legislation to remedy the Feres Doctrine was approved by legal counsel. Unfortunately, since that time all communications from Senator Specter's office suddenly ceased. In sum, all 100 Members of the United States Senate and over half the United States Congress have been notified of our grievances and provided with copies of our proposed legislation. There is a chilling silence coming from our government on the subject matter of the Feres Doctrine and we now believe as a last resort, the ICC must intervene and investigate our claims of atrocities being committed and condoned at the highest levels of the United States federal government.
The Legal Position of the United States Government re; The Feres Doctrine
The United States government's position has been the Feres Doctrine is a necessary body of law to preserve "good order and discipline" in our military. To the contrary, we (VERPA) assert the Feres Doctrine has proven itself to be very dangerous to the national security of our Country and the preservation of individual human and constitutional rights.
Since the inception of the Feres Doctrine the United States Supreme Court has maintained it is the United States Congress who holds the "ready remedy" to correct the Feres Doctrine injustice. Our Congress refuses to act and remedy this unconstitutional judicial body of law. Although there are many judges, scholars, professors, lawyers and advocates and American families who seek abolishment of the Feres Doctrine due to the crimes being covered up there under in our national court system, the strongest argument with regard to the unfairness and dangers of the Feres Doctrine was cited in the dissenting opinion of United States Supreme Court Justice Scalia in the matter of United States v. Johnson, (1987). Justice Scalia's dissent states in part:
"Feres was wrongly decided and heartily deserves the widespread, almost universal criticism it has received." Furthermore, "Congress's inaction regarding this doctrine and its doing little, if anything in the way of modifying it to prevent Constitutional claims is clearly unjust and irrational. Again, allowing such power to military leaders can and does result in abuse therefore, where are the checks and balances on the military."
For example, the ongoing Iraqi prisoner abuse scandal is exactly what we as Americans are subjected to under the Feres Doctrine.
Standing to file a Petition with the ICC
On June 17, 2004, I argued in the matter of Trueman v. Rumsfeld, et al., bona fide claims of human, constitutional and systemic corruption within the command, legal and medical systems of the United States Armed Forces.
The case arose from my January 13, 1994, involuntary-honorable discharge from our military wherein, I was illegally discharged via abuse of the military's mental health system to silence and discredit claims of fraud, waste and abuse. I challenged the Feres Doctrine as unconstitutional and charged it allows for the falsification of military records and unlawfully reprisals wherein honorable men and women who expose corruption in our Country's armed forces, are being criminally ordered into the mental health system to discredit their bona fide claims. This is of course a human rights abuse. (For the record, my exemplary military record was investigated and used for a 1999 ABC News 20/20 program entitled "An Abuse of Power?") which dealt my claims of human rights abuses in our military.
On July 29, 2004, I received a fax from the federal district court in Philadelphia, Pennsylvania informing me the presiding Judge, Clifford Scott Green dismissed the entire complaint based upon runs in statute of limitations. I must argue crimes against humanity, treason or treachery, have no statute of limitations in the United States of America. Therefore, on behalf of other similarly situated Americans denied the right to petition our national courts for redress of wrongs, I have perfected a notice of appeal based upon 1) abuse of discretion, 2), clear error and 3) obstruction of justice. Moreover, I fully intend to include all VERPA case studies and others submitted in our "Official Statement for the Public Record" held by the United States Senate Judiciary Committee, to further my appeal based upon "obstruction of justice" and for the good of all Americans denied equal justice under the laws of the United States of America.
Therefore, as Americans betrayed by our federal government's abuse of the Feres Doctrine, we reasonably believe we have standing to petition the ICC for redress of grievances being obstructed within our national courts. Again, our evidence dates back to the inception of the Feres Doctrine.
We believe the ICC holds jurisdiction over United States federal government employees to investigate their crimes against humanity and constitutional rights abuses we have set forth in this letter. For more information about our organization and the subject matter of the Feres Doctrine please see our web site at www.verpa.org.
I am planning to attend the September 2004, "CICC" conference at The Hague and if an appointment between you and I can be set to coincide with this event, it would assist us greatly in our pursuit of justice!
We look forward
to hearing from you and thank you for your time and consideration of this most
important letter. I respectfully request confirmation this email was received.
Very truly yours,
Jeffrey A. Trueman
bcc: VERPA Board of Directors