Case
NO. 20/2016: United Nations (UN) &
Secretary-General Ban Ki-moon
ETHICAL JUDGEMENT
Dear Prosecutor, Public Defender,
Ambassador and Jury Members of the International
Buddhist Ethics Committee (IBEC) and Buddhist
Tribunal on Human Rights (BTHR), regarding the case against the United
Nations (UN), hereby, on January 21, 2017, it is put on record that
Case 20-2016 of the Buddhist Tribunal has been concluded to analyze the
violation of Human Rights by the accused. This
case has been carried out as a result of previous cases, not only because of
the acts of international repudiation made against the candidacies of Susana
Malcorra and Irina Bokova to the position of Secretary-General of the UN,
but also for having been demonstrated in Case
18-2016 State Sangha Maha Nayaka Committee that the United Nations (UN)
neither prevented nor sanctioned the genocide in Myanmar.
After analyzing the presentation of
the case and the validation of the enormous amount of evidence, it has taken
place the voting of 7 Jury members, one voting for Innocent, while the other
six have all sentenced the UN as "Responsible" for the serious crimes of GENOCIDE,
CRIMES AGAINST HUMANITY, WAR CRIMES, CORRUPTION AND VIOLATION OF THE HUMAN
RIGHTS INTERNATIONAL LAW.
The actions of the United
Nations (UN) and its Secretary-General Ban Ki-moon have done enormous
damage to world peace, especially against the world's poorest and most
oppressed peoples, such as Iraq, Haiti and Congo. As the astonishing evidences
have shown, behind an image of benevolence and humanitarianism emanating from
the UN there is actually an international criminal organization that has systematically and widespreadly
committed the most terrible crimes and violations of human rights, such as
corruption, covering-up, sexual abuse of children, rape of women, sexual
exploitation, human trafficking, manslaughter, mass murder and even genocide. These
outrageous crimes have remained in complete impunity due to the
authoritarianism, corruption, warmongering and anti-democracy that
characterizes the United Nations (UN), violating the human right to justice of
millions of people around the world by means of an alleged legal immunity of
said organization. However, the use of diplomatic immunity only covers actions
related to the exercise of its functions and not war crimes nor crimes against
humanity and genocide. Indeed, immunity does not include violations of the
precepts of International Humanitarian Law, so that the impunity exercised by
the UN
is hypocritical and illegal, violating both human rights and the very founding
Charter of the United Nations (UN) by not offering remedy or physical or
psychological protection to the victims, refusing to investigate, condemn and
compensate for the crimes committed. These terrible crimes are not individual
or isolated acts committed by few UN officials or soldiers, because it
is not only a widespread and systematic criminal behavior that occurs in all
countries where the organization stays, but it is also an institutional
behavior that structurally and constantly is covered-up by the highest commanders
of the United Nations (UN). Despite the fact that
international courts decide not to intervene, these human rights violations are
crimes against humanity, evidencing
the lack of legitimacy and of moral force of the UN, which has developed a
discourse or story of a peace culture, while in practice or in
reality it has developed a culture of
impunity that places this organization above the Law, silencing the victims
and persecuting the informants who denounce these aberrant acts. The systematic
and widespread covering-up of sexual abuse of children is a criminal conspiracy
to cover up crimes against humanity,
being a betrayal of the founding mission and Purpose of the United
Nations (UN), which formerly sought to protect the population. Faced
with such scandalous facts such as thousands of abuses of girls in Liberia, the
UN
often shows a lack of regret and responsibility, carrying out Machiavellian cover-ups such as those
made by Susana Malcorra as assistant to Secretary-General Ban Ki-moon, who has
supported her in her candidacy to the highest position of the United
Nations (UN), demonstrating that the cover-up of crimes against humanity is an action that is
recompensed within the UN. As a result, the cover-ups of
human rights violations made by the United Nations are not errors of a
few officials, but they are part of a systematic pattern throughout the whole
organization, which punishes whistleblowers of crimes while it rewards corrupt
and violators disguised as humanitarian. However, in the face of the hypothesis
that the UN makes these systematic cover-ups for an image issue,
actually the facts show that it covers up sexual abuses and rapes of women
because these crimes are part of an international mafia scheme or transnational
organized crime, since it has been demonstrated that in countries where the United
Nations (UN) military is involved, trafficking networks are created,
such as in Haiti, Bosnia and Sierra Leone, thus perverting thousands of
children and women by means of widespread sexual abuse - in which they usually
exchange sex for food - in order to pervert them and recruit them into their
sexual slavery and trafficking network. These violations of the rights of the
child and women carried out by the UN are so systematic and widespread that
even kidnappings and selling of human beings are carried out at a global level.
In this way, the United Nations (UN) is not an international humanitarian institution,
but rather a global mafia who disguises itself as humanitarianism. Former
officials of the organization, both Anders Kompass and Kathryn Bolkovac, who
respectively denounced sexual abuse in Congo and human trafficking in Bosnia,
were able to perceive what the UN really is. In fact, the traffic
of thousands of people is an industry that yields billions of dollars a year,
this transnational crime being the real motive or reason for the cover-ups
performed by United Nations (UN) officials regarding widespread and
systematic violations of human rights. Obviously, to keep up appearances of
goodness, the UN is usually led by secretaries-general who are able to smile
quite well while maintaining an unprecedented status quo of corruption and impunity to thousands of violations on
children and women, which destroys the search for Human rights, the
international law and democracy. In fact, the definition of genocide also
includes a serious injury to the physical
or psychical integrity of a group, which irrefutably occurs in cases of
rape and sexual abuse of women and children occurring systematically and widespreadly,
especially in the context of a human trafficking framework that seeks to
pervert or destroy in whole or in part
their lifestyle.
Accordingly, the Buddhist Tribunal on Human Rights
confirms that this systematic and widespread impunity of the United
Nations (UN) has not only been maintained in cases of sexual abuse and
human trafficking but has also occurred in cases of mass murders, again
betraying the Human Rights and International Law. In this sense, the UN
is a clear example of massive impunity, since the United Nations (UN) is
responsible for manslaughter of more than ten thousand people and one hundred
thousand sick people in Haiti, violating the human right to life, health and
water by introducing cholera inside the country. However, the UN refused
to provide any kind of compensation to the victims, claiming immunity in a
hypocritical and undemocratic way that violates the victims' rights to an
effective remedy, to legal redress and to the Truth. The United Nations (UN) has
refused to take responsibility and compensate when answering it has immunity,
violating human rights and the rule of Law because immunity is not synonymous
with impunity, since it is legally obliged to provide an alternative means of
Justice, which has never happened. At the same time, the UN has not only violated
the victims' right to justice, but also shot at Haitian protestors, which
violates all principles of humanitarianism, thus showing that the United
Nations (UN) lacks ethics and credibility when it comes to fulfilling
human rights, which is why it should be supervised by traditions such as
Buddhist Spirituality and its Purpose (Dharma) to save the world through the
creation of a wise and compassionate civilization. At the same time, the UN
has carried out mass killings and illegal executions in both Haiti and the
Central African Republic, in an attempt to cover up these serious crimes. In
Haiti, the United Nations (UN) has also supported a coup
d'état, violently silencing political opponents in a way that has included
killings of children in raids where
several dozen unarmed civilians were massacred, carrying out a military
occupation neither independent nor neutral. In the Central African Republic,
the UN
has carried out mass disappearances and assassinations in nothing less than mass
graves, while in Congo it has systematically and widespreadly carried
out the most serious crimes, such as torture, forced labor and displacement,
rape and mass murder of women and children. In Somalia, the United
Nations (UN) has killed dozens of civilians, including torture, rape of
women, pedophilia, arms trafficking and even killings for sport (target
shooting), by carrying out these international crimes with total impunity
despite the fact that diplomatic immunity does not cover war crimes or crimes
against humanity.
UN soldiers, wrongly called peacekeepers, have carried out an unequaled level of violence that
has had the cover-up and impunity of senior officials, who in turn are responsible
for having carried out Genocide
against the civilian population of Iraq. Indeed, the United Nations UN
sanctions against Iraq for more than a decade deliberately caused more than
five hundred thousand dead children and about two million Iraqis killed by
malnutrition or inadequate health, since sanctions created, in a systematic and
widespread way, a social context of famine and malnutrition, prohibiting the
people of Iraq from entering essential elements such as food, medicine and
water purification instruments. This violation of the human right to health is
clearly illegal and criminal, as it intentionally and indiscriminately
generated millions of civilian deaths while the country's ruling elite remained
rich and powerful. In this way, the UN used famine as a method of war,
carrying out a siege or supply blockade in order to create living conditions to physically destroy the population. Undoubtedly,
this perverse mechanism has been recognized and denounced as genocide by senior officials of the United
Nations (UN), who accepted the guilt of the organization, being also a Crime against humanity for the
systematic and widespread violation of human rights and fundamental freedoms.
The coldness and lack of compassion
on the part of the UN has been perceived in the worst genocides of the late
twentieth century, since the United Nations (UN) has shown
complicity and indifference during the genocides of Rwanda and Srebrenica. In
Rwanda, the UN decided not to intervene, protecting only its diplomatic staff
and withdrawing its troops from the country, despite the fact that it was in
front of a million murders and rapes of women and children, which were burned
or dismembered. In Srebrenica, United Nations’ soldiers also failed
to intervene in the thousands of mass killings, rapes, mass graves, mass
deportations and massacres of children. This non-intervention to genocides
because of a supposed neutrality and
impartiality is without any doubt a passive or non-active complicity, because to be complicit it is not
necessary to be an active participant or co-author, thus being complicit anyone
who, having the possibility to prevent a crime, he or she decides not to do so,
thus carrying out a complicity by
omission. Even this violation of the duty to act or prevent the result of
the genocide could be considered as an authorship
by omission of the crime, as, for example, in the case of a father who
hears that his son is going to commit a crime and does not try to prevent it,
since if had acted in control of the risk it would have been prevented the
genocidal result. In addition, the complicity
of United
Nations in genocides is based on its control function, while the United
Nations (UN) authorship in
said international crimes is based on its protection
function, being a legal ethical analysis that equals the structures of omission
and commission of crime. In this way, the UN has failed to fulfill the mission
of protecting international peace and security, being undoubtedly complicit with evil. In the last
genocides of the late twentieth century, in Rwanda and Srebrenica, there was
impunity to displace, torture, rape and kill hundreds of thousands of people,
since the response of the United Nations (UN) was slow,
hesitant and ineffective. The same omissive attitude was used in the first
genocides of the XXI century, as the UN also refused to fulfill its duty
to stop the genocide of civilians in Darfur, Sri Lanka, Afghanistan, Iraq,
Libya, Yemen, China, North Korea, Israel, Syria, Myanmar, Eritrea and Turkey,
where human rights violations are systematic and widespread. International
courts, especially the International Criminal Court, have
failed to analyze not only many of these unpunished genocides, but also the
very human rights violations committed by the United Nations (UN).
Moreover, the UN is an authoritarian
institution that grants total impunity to the five permanent members of its
Security Council, protecting especially illegal wars carried out by the United
States, as happened in the lamentable invasion to Iraq. After applying genocidal
economic sanctions for 12 years, which practically devastated the civilian
population of Iraq, the United Nations (UN) gave impunity to
the United States to invade this poor and hungry country, being an accomplice or an author by omission of one of the saddest episodes in the history of
the world. Indeed, with the false excuse of seeking weapons of mass
destruction, in the immoral invasion of Iraq there was genuine State terrorism on the part of the
United States, which committed international crimes such as illegally detaining
and torturing thousands of prisoners, murdering hundreds of thousands
civilians, destroying the essential infrastructure and cultural heritage of the
country, to forcibly displace, create a new corrupt government structure and
guaranteeing juridical impunity to war crimes carried out during the illegal
invasion. Indeed, the invasion of Iraq was not properly a war, but a genocidal invasion legitimized by the UN,
producing more than a million Iraqis dead. Under the pretext of an alleged
quest for liberation and democratization
of Iraq, it was actually found an agenda for destroying the State, by leading
its development back to medieval times and appropriating its oil resources at
the cost of millions of deaths. To this end, the United States even went as far
as to present false evidence of weapons of mass destruction allegedly possessed
by the Iraqi government to the United Nations (UN). Despite this
level of impunity, falsity and criminality, no official international court has
investigated or convicted the United States for such crimes, except for the Kuala Lumpur War Crimes Commission (KLWCT),
a humanitarian institution that condemned the Bush administration for the
crimes of torture, war crimes and crimes against peace during the invasion of
Iraq. Certainly the policies implemented by the United States in Iraq, under
the active complicity of the UN,
constitute a criminal conspiracy that violated the Nuremberg principles by implementing warlike policies similar to
those of Nazism, torturing illegally detained people, bombing civilians with
chemical weapons, committing mass killings, developing death squads using
GESTAPO techniques and by surrounding cities by prohibiting the entry of food,
water and medicine, all of which constitute war crimes with imperialist and
hegemonic characteristics. This shows that the proceedings in Iraq have not
been errors but systematic and widespread
patterns carried out with the complicity of the United Nations (UN),
whose Secretary-General Ban Ki-moon has keep the UN as a discredited, inept and
irrelevant organization, leaving a poor legacy on issues of peace, as shown by
its silence before the violations of human rights.
However, the culture of impunity
and violation of the right to justice has not only been carried out by the United
Nations (UN) to protect the criminal governments of the world, but has
also been implemented to protect corrupt civil servants of the UN itself
in cases of serious violations of International Law. The United Nations (UN) has
an internal system of justice that is unjust, inefficient, turbid, arbitrary,
archaic, partial, without due process, non-independent, ineffective,
bureaucratic and unfeasible, persecuting witnesses and whistleblowers while it
protects itself and covers up corrupt offenders or abusers. In this way, the UN
is inherently hypocritical when it promotes justice systems for the Member
States and not for itself. In this sense, when the United Nations (UN) gives
immunity to its soldiers in cases of sexual abuse, pedophilia, human
trafficking, torture, homicide and mass murders, as it happened in Srebrenica,
it is violating International Justice, since genocides, war crimes and crimes against
humanity are neither covered by diplomatic immunity nor by sovereign immunity.
The Buddhist Tribunal on Human Rights denounces that the UN
does not seek world peace but it is actually an institution that encourages
militarism by promoting humanitarian
interventions or wars under the illegal concept of responsibility to protect, which is nothing more than the right to attack that the superpowers
grant themselves. This mechanism to legitimize the wars of aggression carried
out by the United States and NATO without any judgment is undoubtedly the
contemporary form of imperialism, as happened in Iraq and Libya where
colonialist invasions were carried out perversely disguised as humanitarianism. Thus, the Buddhist Tribunal on Human Rights
agrees with the priest Miguel d'Escoto Brockmann in the fact that the United
Nations (UN) has created humanitarian
genocides. True humanitarian aid is and will be any action that limits or
counteracts war, and should never be associated with the justification of militarism,
just like in the past empires carried out just
wars and religions carried out holy
wars. When the UN legitimizes military invasions of the powers it becomes a
sort of neocolonial imperialism,
being an instrument of domination and not an instrument of liberation and
international Law.
The root cause of all international
crimes committed by the United Nations (UN), such as genocides, crimes against humanity and war crimes, is the corrupt and undemocratic system of this organization, guaranteeing
impunity through immoral resources such as immunities and vetoes. The
bureaucracy and corruption of the UN system is so powerful that there
is an inability to produce justice, being unlikely to dismiss or sanction an
official when he commits a serious crime. This pattern of impunity thanks to corruption is persistent in analyzing
the behavior of United Nations (UN) soldiers, who have systematically and
widespreadly committed abuses, rapes and murders against poor and unprotected
peoples, always counting on the cover-up
of the various UN secretaries general. In this way, corruption by the United
Nations (UN) has funded criminal organizations, such as in Nairobi,
extorting refugees, committing murders, rapes and drug trafficking. The abuse of power of the UN
is massive and unpunished due to its bureaucratic network of widespread
corruption and systematic cover-up, developing a culture of impunity where all informants who report crimes of the United Nations (UN) are persecuted,
punished, defamed and reported, while criminals continue their professional
careers. Therefore, the Buddhist Tribunal
on Human Rights agrees with the priest Miguel d'Escoto Brockmann that the UN
is a fraud, a farce, a huge lie and a
dictatorship that neither protects human rights nor the rights of Mother
Earth (Pachamama). The United Nations (UN) should
adequately eradicate wars and famines through democracy and demilitarization,
so it must be re-founded or abolished because of the lack of equity, democracy
and justice existing in this autocratic organization whose speech appears to be
inspiring, humanitarian, solidary and idealistic, while at the same time in the
practice it prolongs wars, genocides, bureaucracies and impunity.
Although the UN violations of Human Rights are a
little-known history, the widespread sexual abuse of children, torture and
unpunished killings carried out by this organization have reached epidemic
levels since the creation of its armed forces of alleged maintenance of peace, including hundreds of thousands of victims
who have not received any kind of justice, because soldiers and officials of
the United
Nations (UN) have avoided accountability. As the Buddhist Tribunal on Human Rights has demonstrated, the human
rights violations by the UN are not simply blameworthy
blunders, but are flagrant crimes
that require justice. For many years, the Secretaries-General of the United
Nations have been aware of these systematic and widespread abuses that
have reached scandalous levels, although they have maintained impunity of these
crimes over and over again, carrying out an institutional
policy of covering-up. Although the UN has committed international
crimes similar to those in Rwanda and Srebrenica, international tribunals have
not investigated or condemned this organization, despite the systematic and
widespread gravity of the violations. In the face of this situation, the Buddhist Tribunal on Human Rights makes
the present Ethical Judgment that promotes the transformation or abolition of
the United
Nations (UN), which has been found “Responsible”
for carrying out genocides, crimes
against humanity and war crimes in the world. The international community
cannot continue to be politically governed or ethically guided by an
organization that commits atrocities against the poorest and most unprotected
civilian populations. Therefore, it is requested that other global tribunals,
such as the International Criminal Court, establish a special tribunal to
deal with systematic and widespread violations of human rights on the part of
the UN.
The hundreds of thousands of victims deserve justice, especially in the face of
crimes such as genocide, crimes against humanity and war crimes. The
civilization needs to take urgent action on the threat to world peace
represented by the impunity of the United
Nations (UN), since this organization has never been accountable to
justice. In the light of this Ethical Judgment against the UN carried out by the Buddhist Tribunal on Human Rights for
the abuses against human rights, the international community should investigate
these grave crimes and be sure that they do not occur again, especially under
the legal standards of the Statute of
Rome. Evidence of sexual abuse of women and children, human trafficking,
torture and mass homicide against marginalized and oppressed populations has
been compiled in the present ethical judgment against the United Nations (UN). The
culture of impunity and ineffectiveness of the UN judicial system
constantly benefits criminals who commit widespread and systematic violations,
which legitimizes the ethical intervention of the Buddhist Tribunal on Human Rights to offer Truth, memory and
Justice to the victims. There are notable precedents of this humanitarian
action, such as the International War Crimes Tribunal (Russell-Sartre Tribunal) and
the Kuala
Lumpur War Crimes Commission, respectively in response to violations
committed by the United States in Vietnam and Iraq. Following this ethical
juridical pattern, the Buddhist Tribunal
on Human Rights determines in a revolutionary way that the impunity situation of the United
Nations (UN) constitutes a threat
to world peace, stating that the international community has failed to
build a democratic and humanitarian organization. However, in the contemporary
civilization, the Buddhist Tribunal on
Human Rights is the only body that possesses the necessary knowledge to
respond adequately to the crisis emerging in the UN, so that the
international community - including the International
Criminal Court - should respect and follow the Ethical Judgment made by the
Buddhist Tribunal on Human Rights
for the international crimes of genocide,
crimes against humanity and war crimes, among other evidences of sexual
abuse of epidemic proportions carried out by the United Nations (UN),
especially by its military peacekeeping
forces, whose criminal nature has been systematic and widespread thanks to the impunity provided by the organization's
top officials, which in itself constitutes a crime against humanity. Precisely, the UN is directed
autocratically, this lack of democracy being one of the main reasons by which
its worst violations of human rights happen. The long duration and depth of the
reported abuses, as well as the fact that they were perpetuated by military
forces as a form of exploitation of the civilian population, demonstrates
conclusively that these sexual violations constitute international crimes. Evidence
shows that human rights violations committed by the United Nations (UN) constitute
crimes against humanity and war crimes,
respectively prohibited by Article 7 (1.g) and Article 8 (2.b.XXII) of the Rome
Statute. In addition, the UN has made no effort to ensure
investigation and accountability for such crimes, even though it is mandatory
under International Law that there should be no culture of impunity, especially for being an attack against civil population by means of the use of force and
coercion, which is illegal, a war crime
and crime against humanity. The Buddhist
Tribunal on Human Rights condemns this culture
of impunity, stating that the United Nations (UN) has failed to
investigate, denounce and punish those responsible for abuses, sexual slavery
and human trafficking, thus contributing to the violence that women and
children suffer in the world, instead of contributing to a better world. It is
declared as unacceptable and totally criminal the fact that when the victims
file legal demands the UN authority does not provide any
investigation or reparation, and that it even acts in reprisal of those
complainants of the widespread and systematic abuses against the civilian
population, which are war crimes and
crimes against humanity. In addition, the aim of sexual abuses has always
been to pervert children and women in order to use them in international human
trafficking networks, which demonstrates the widespread and systematic level of
sexual violence on the part of the United Nations (UN). In the face of
civil protests over these facts of abuses against women and children, UN
military forces have responded with violence, including torture, disappearances
and mass killings. There have been cases of torture and summary executions of
women and children at the hands of the United Nations (UN), and there has
been a mantle of impunity in the face of these extrajudicial killings because
the responsible were never investigated or prosecuted. Therefore, it is a system
in which the law is breached without accountability. In this culture of impunity created by the UN,
the victims' human right to Truth, to justice and to an effective reparation is
not respected, since the United Nations (UN) claims to have
immunity even though it does not cover violations of International Humanitarian
Law, as is the case of torture and murder against civilian population, which
constitute crimes against humanity and
war crimes respectively under Article 7 (1.f) and Article 8 (2.c.i) of the Rome
Statute. Both crimes are widespread and systematic, forming part of a large-scale plan, reason enough for
international courts to investigate and prosecute the UN, but since this has
never happened in the history of civilization, the Buddhist Tribunal on Human Rights demonstrates the need that
Buddhist Spirituality functions as a guide to the world. In short, the presence
and interrelation of sexual slavery, torture and extrajudicial killings, in a
context of total impunity, allows
concluding that the United Nations (UN) committed crimes against humanity and
war crimes in the light of the International Law. Therefore, the continuing
indifference of national and international courts to these UN crimes represents a
huge obstacle to the exercise of human rights and fundamental freedoms. The
present Ethical Judgment is a call for the entire international community to
put an end to impunity, which is the
greatest threat to world peace. Even if there is no imprisonment of those
responsible, the victims deserve to be heard and represented, they deserve to
end their suffering, and deserve Truth, memory and Justice. As happened with
the creation of ad hoc international criminal tribunals to investigate the
atrocities of Rwanda and Yugoslavia, the Buddhist
Tribunal on Human Rights embodies the very evolution of the Law by
investigating and prosecuting the United Nations (UN) for the highest threats to world peace. Thus, it
seeks to restore the international harmony of all nations of the world, which
have been hurt by the violations and murders that the UN has committed in the
name of Good and Peace. Crimes committed by United Nations (UN)
military forces are widespread and systematic, including abuses, torture and
killings, all of which violate the Rome Statute. This judgment against UN
by the Buddhist community is an invitation for the international community to
do the same, denouncing crimes against
humanity and war crimes of the United
Nations (UN) as a way to start a pathway toward the Liberation of
peoples. If it persists with the UN's culture of impunity, the international community will be doomed to
self-destruct.
At the same time, strong evidences deployed during the
trial of the United Nations (UN) have shown that the genocide carried out in Iraq was intended to destroy this State by
carrying out a systematic and widespread process over a period of twenty years
of blockade, bombardment and invasion, preventing people from accessing food,
drinking water, medicine, education, labor and justice as part of a deliberate strategy. The Buddhist Tribunal on Human Rights
considers that the attacks on the civilian population in Iraq constitute genocide, such as defined by the Convention on the Prevention and Punishment
of the Crime of Genocide, which was adopted by the UN itself in 1948,
legally obligating States to prevent genocide and punish those responsible.
Indeed, the actions taken by the United Nations (UN) in Iraq constitute
the international crime of genocide because there was intention to destroy in whole or in part the Iraqi national and
civilian population by assassinating its members by bombing, causing serious physical or psychological
harm to its members through torture, deliberately
inflicting famine and disease and living
conditions calculated to bring the
total or partial physical destruction of Iraq. These genocidal actions committed by the UN not only violate its
founding Charter but also the very spirit of civilization, because genocide is
the denial of existence of a group of human beings. By means of the Genocide Convention of 1948, the United
Nations (UN) has binding legal obligations to prevent and punish the
crime of genocide, having failed in both duties on many occasions, since the
Convention prohibits both the commission and
complicity with genocide. The UN has
not only allowed genocide in many countries, by carrying out complicity by omission, but it also has
carried out genocide in other countries, by committing torture, abuses, rapes,
killings and other serious physical and psychological damages to different
groups. UN military forces have even converted many women and girls
into sex slaves, developing an international human trafficking system,
systematically torturing victims of sexual violence at the same time as senior
officials covered up those responsible and even sanctioned and persecuted those
who denounced these criminal acts. Obviously, the United Nations (UN) has
not punished those responsible for these abuses and even it has rewarded those
who performed cover-ups, allowing that one of them - Susana Malcorra - to run
for a position to become the Secretary-General of the UN. The Convention of
Genocide prohibits causing serious
physical or mental harm to members of a group, such as acts of torture,
rape, degrading violence,[1] cruel treatment, persecution and deportation.[2] In
this sense, the violations and tortures carried out by the United Nations (UN),
besides being war crimes, are also crimes against humanity and acts of genocide that cause serious physical and psychological
harm to members of a group . When employing these criminal and genocidal
techniques, the UN military and its
officials have degraded, humiliated,
discriminated, punished, controlled and destroyed thousands of people,
violating their personal and group dignity. The Buddhist Tribunal on Human Rights then agrees with the International
Criminal Tribunal for the Former Yugoslavia and with the International
Criminal Tribunal for Rwanda, considering rape as a genocidal act. Moreover, the United
Nations (UN) has also deprived the people of Iraq of their freedom by
blocking their access to basic resources such as food, clean water, hygiene,
medical care, work and education. This situation provides strong evidence to
infer genocidal intention on the part
of UN
officials and their military forces. After the Gulf War, the United
Nations (UN) economically sanctioned Iraq, killing nearly two million
people, among whom more than five hundred thousand children died by starvation
and lack of basic medical care. After this widespread
and systematic siege, the UN endorsed bombing and invasion
from United States, which completely destroyed the State of Iraq. The Genocide Convention of 1948 strongly
prohibits acts that deliberately inflict
living conditions calculated to partially or totally destroy a group, such as
subjecting a group to a subsistence diet, reducing their essential medical
services to the minimum, depriving indispensable resources for survival such as
food or medical services.[3] In
this way, there is no doubt that when the precepts and norms of International
law are applied, the United Nations (UN) is "Responsible"
for having carried out acts that
inflicted living conditions calculated to destroy in whole or in part the
population of Iraq. In addition, Iraq's civilian population has suffered many
severe abuses of its human rights, including murder, forced displacement, and
denial of justice by its invaders. At the same time, the organized massacres of
civilians committed by the UN military forces in Haiti
constitute one of the genocidal acts that are prohibited by the 1948 Genocide Convention, carrying out
assassinations against the unarmed population to which should be protected, by
carrying it out with total impunity provided by United Nations (UN)
diplomatic officials. In both Iraq and Haiti, the UN has utterly failed to
stop, investigate and punish its officials and soldiers who were responsible
for this violence that violates the Genocide
Convention. In some countries the United Nations (UN) has even buried
the bodies of the victims of their massacres in mass graves in order to hide
the Truth. Thus, the ethical judgment to the UN has shown that this
organization is "Responsible"
for the crime of genocide in many
countries of the world, in some of them by committing genocide by omission
while in others committing it by commission.
This shows that, according to International Law,[4] failing
to prevent extrajudicial violence is an act of omission as serious as the act of commission, so that these two acts violate the Genocide Convention. Substantial and consistent evidences have
unequivocally demonstrated that United Nations (UN) officials and
armed forces have engaged in conducts falling within the categories specified
by the Convention of 1948 as acts of
genocide, such as assassination of groups of people, by causing serious
physical and mental harm to groups of individuals, and by deliberately
inflicting living conditions designed to physically destroy groups of human
beings. The Genocide Convention of
1948 not only requires that the accused ones have committed these prohibited
acts to be responsible for the crime of genocide,
but they also must have had the intention
to destroy - in whole or in part - a group. In accordance with the legal
parameters established by the International Criminal Tribunal for the
Former Yugoslavia,[5] this genocidal intent of the UN
can be inferred by a large number of facts and circumstances, such as the
systematic commission of other illegal acts against the same group, the
widespread scale of atrocities committed, discriminatory acts, destructive
repetition and also the context of other crimes committed against other groups.
While proving genocidal intent does
not require the presence of all these factors, but rather of some of them, in
the case of the United Nations (UN), it has clearly carried out serious actions
in each of these characteristics necessary to prove genocidal intent. By applying International Law, such as the Genocide Convention and its
interpretations done by ad hoc international criminal tribunals for Yugoslavia
and Rwanda, UN officials and their armed forces are "Responsible" for having acted with intent to commit genocides against various groups in the world,
such as in Haiti and especially by the deprivation of essential resources for
subsistence against the Iraqi people, causing malnutrition and illness to millions
of people, as well as by carrying out sexual abuses on a massive scale against
women and children in multiple countries. By gathering the evidences it is
shown that the United Nations (UN) has acted with the requirement of intent to commit genocide in order to
subjugate or destroy several populations, as has happened in Haiti and in
several African countries. When sanctioning the civilian population in Iraq, by
obstructing their access to food, health care, medical care and job
opportunities, the UN has consistently pursued an economic and social policy aimed
at the death or destruction of the people of Iraq. Officials of the United States
and of the United Nations (UN) have been aware at all times of the
magnitude that these genocidal acts would bring, by killing millions of people
on a massive scale and especially by killing children, although they decided to
continue to carry it out. This knowledge is the requirement for proving that it
was not an error but that there was deliberately genocidal intent. On the other hand, the persecution, attacks,
killings and rape of thousands of people in poor countries, such as Haiti,
shows that there is an attempt to destroy in whole or in part several groups of
the world, which is Evident in the fact that the UN has not taken any
measures to prevent or stop these destructive acts. When analyzing possible
cases of genocide committed by the United
Nations (UN), it is clear that there is a pattern of actions and
inactions, commissions and omissions, in the context of widespread and systematic impunity that includes officials and
soldiers. In addition, the Genocide
Convention of 1948 establishes that a government may be responsible when
genocidal acts were committed by its state bodies or by members under its
control. In this sense, the UN is responsible for each member
state of its global parliamentary organization, so when it fails or fails to
exercise its role of control or prevention of genocide committed by its member
states, it is being complicit in genocide.
The Genocide Convention of 1948
obliges to prevent genocides, and when it has failed to prevent then there is
an obligation to punish those responsible. If the United Nations (UN) does
not prevent or punish genocide carried out by its armed forces or its Member
States, then it is "Responsible"
for genocide, whether by commission
or omission. Indeed, every government has an international duty to take all
possible measures to prevent or punish acts of genocide,[6] so
that even though there are genocides in which the UN has not intervened
directly, this intergovernmental organization remains responsible for failing
to prevent and punish such international crimes committed by its member States.
The same way as the conduct of a state organ is juridically attributable to the
State,[7] the
illegal conduct of Member States is attributable to the United Nations (UN) as
long as it does not seek to prevent their crimes or punish them, especially
when dealing with serious human rights violations such as illegal detentions,
torture, sexual abuse and extrajudicial killings. The UN is directly
responsible for the conduct of its member States that have committed acts of genocide with its approval, and is also
directly responsible if it failed to punish them. Certainly, there are
evidences that the same United Nations (UN) officials and
soldiers themselves have committed acts of genocide,
but even if such evidence would not exist, it must not be forgotten that the UN
has an international duty to prevent genocide
and punish all perpetrators, so it is "Responsible"
to fail to prevent and punish genocides
even in cases where such criminal conducts are not committed by the very United
Nations (UN). This prevention of genocide
is the main obligation of the UN, which has widespreadly and
systematically failed to comply with the Genocide Convention of 1948, because
it immediately should have taken all measures within its Power in order to
prevent genocidal acts when was aware
of the existence of a serious risk of this to happen,[8] which is the main governmental
responsibility according to the International Court of Justice. The
international community should urgently establish a free and independent court
to investigate and prosecute both the crimes of the superpowers and the crimes
of the United Nations (UN), especially in the case of the crime of genocide, since so far the international
courts have only existed to judge poor countries. If this does not occur, the
fate of human rights would be doomed to fail, which is why the Buddhist Tribunal on Human Rights has
set itself to legitimately investigate and ethically judge the world's most
powerful intergovernmental organization for its unpunished crimes.
Therefore, the Buddhist Tribunal on Human Rights condemns the UN as a criminal
institution that carries out false humanitarianism, violating both human rights
and democratic principles, as its quasi-judicial decisions or dictatorial
sanctions are not open to ethical and juridical scrutiny. Instead, the Buddhist
Spirituality seeks to maintain the purity of the international community, by
defending self-determination and liberation of the peoples faced with the
political and economic powers that seek to oppress them. Facing with government
leaders who are accomplices of perverse crimes, the Maitriyana teaches an
ethical path that avoids the destiny of the self-destruction of humanity,
developing the beginnings of a civilization guided by the values of detachment,
integration and solidarity. The United
Buddhist Nations Organization was created on October 10, 2016 as the best
way to prevent States from infringing Human Rights of Buddhist Peoples and
Spiritual Communities. At the same time, it is an organization capable of
providing ethical leadership for all humankind, unlike the United Nations (UN),
which has not only failed to prevent wars and injustices in the world, but also
has not taken the necessary measures to prevent the oppression and destruction
of humanity. This project of the Buddhist
Tribunal on Human Rights is much purer than the leadership of the UN
because it does not support any kind of war
of aggression disguised as humanitarian
intervention, thus criticizing the global powers that try to impose a total and absolute dominion over the world.
Buddhist Spirituality is certain that humanity will be extinguished if it fails
to implement ethical and adequate measures to avoid war, poverty, ignorance and
pollution. The progressive destruction of Mother Earth (Pachamama), massively
annihilating much of the Biosphere species, shows that the Salvation of living
beings is an urgent mission. This has been precisely the Purpose (Dharma) of
Maitriyana as a movement that is heir to two thousand and six hundred years of
compassionate wisdom (karuna-prajna); making the humankind aware of the
responsibility it must have toward nature. In this sense, the United
Nations (UN) is an antidemocratic institution where the opinions of
everyone, especially of the Buddhist Peoples and Spiritual Communities, are not
heard at the moment of decision making, thus excluding the most important
voices of humanity. Given that the UN does not work well, such as the priest Miguel d'Escoto Brockmann
affirms, in the United Buddhist Nations
Organization it can be fully heard the voice of righteousness and goodness,
facing the multiple crises of contemporary civilization in an adequate way. Therefore,
it should not be allowed any of the States of the world to treat abusively and
not respect the sovereignty of the Buddhist Peoples and Spiritual Communities.
Obviously, this is an achievable goal if courageous measures are taken that
oblige the States of United Nations (UN) to respect the
political sovereignty, economic independence, cultural self-determination and
environmental integrity of both the Buddhist Nations and the rest of the
international community. In this way, the Buddhist
Tribunal on Human Rights seeks the Liberation of all humanity, guiding
society to heal from self-destructive addictions to war, injustice, ignorance
and pollution. Imperialism and the impunity of the dominant UN
States are some of the main evils which Buddhist Spirituality seeks to abolish,
by criticizing the global control of materialism as a threat to the very
survival of humanity and Mother Earth (Pachamama). However, achieving a change
in behavior on the part of the States that dominate the world is something that
must be adequately achieved, struggling with the most powerful weapon in
history: compassionate wisdom (karuna-prajna). This implies criticizing those
who do evil without giving in, simultaneously teaching measures capable of
doing good and purifying the internal and external world. Indeed, Maitriyana
criticizes the hypocrisy and perversion
of the United Nations (UN), which has covered up illegal and genocidal
acts under the guise of magnanimity and humanitarianism, directly participating
in the death of millions of human beings through a manipulation of the values
and principles of human rights. The raison d'être of the United Buddhist Nations Organization is to denounce this
catastrophic event by proposing itself as an alternative international
organization capable of eternally defend the human right to world peace. The Buddhist Tribunal on Human Rights
authorizes the States to resolve conflicts only through non-violent means,
following the Path of the great pacifists in the history of peoples. The Free
and Enlightened Beings (Arhats-Bodhisattvas) have understood and taught that
only the power of wise and compassionate love can defeat the power of hatred,
greed, and deceit. In this sense, the Buddhist Spirituality is convinced that
the non-violent means used in the struggle for defending peace, justice,
knowledge and earthly life are the seeds of a new civilization. In contrast,
States that follow the path of selfishness, dualism and consumerism are doomed
to self-destruction. The Maitriyana has a prophetic social engagement to save
the practical and ancestral values of love, respect, tolerance and solidarity
toward all living beings; so that it denounces the UN as a perversion of how
the great human family should work. In this way, there is nothing more relevant
and important to history than the emergence of an ethical and pure voice
combating evilness and lies of the powerful people of the world. The United Buddhist Nations Organization
will then be an international hero of world peace and social justice,
intervening in order to build a Pure Earth in the here and now. There is an
enormous amount of Buddhist Peoples and Spiritual Communities that genuinely
and prophetically cry out for peace, justice, education and ecology, even
though they are completely ignored by the United Nations (UN) anti-democratic
system. These prophetic voices of the spiritual masters, together with the
voice of the original peoples, are listened mindfully by the Buddhist Tribunal on Human Rights. Even
the very voice of Mother Earth (Pachamama) is heard by Buddhist Spirituality as
a truly democratic and solidary community. This revolutionary voice transmits a
message of love and hope for the whole world, drawing inspiration from the
spiritual teachings of the great Awakened Beings (Buddhas) of history. The
ethical perceptions of Maitriyana opportunely counteract the perverse crimes against humanity perpetrated by
the UN
in the name of humanitarianism. Thus, the courage and lucidity of the United Buddhist Nations Organization
conveys ancestral and visionary values, bringing together the best of the past
and the future, especially the vision of Detachment and Awakening (Bodhi) as a
lifestyle that can save humanity and Mother Earth (Pachamama). This process
promoted by the Buddhist Tribunal on
Human Rights leads to the cooperation, unity and democratization of all
States, teaching that wise respect and compassionate love for living beings are
essential for the survival and evolution of humanity. While the United
Nations (UN) is devoted to superficial matters, there is no clearer and
more prophetic voice about the need to care for Mother Earth (Pachamama) than
that of Buddhist Spirituality, which is undoubtedly the ethical pinnacle of the
world history. The difficult but formidable task of transmitting the Maitriyana
involves the updating, renewal and reinvention of the international community,
giving voice to those who are excluded, such as the poor and oppressed peoples,
tribal and aboriginal peoples, the Buddhist Peoples and Spiritual Communities,
and even the animals and ecosystems, because without them human life would not
exist. Although society must change by itself, and not by means of dictators
and tyrants, humanity undoubtedly needs ethical and spiritual guidance. Given
that the UN has failed to embody that voice, the United Buddhist Nations Organization emerges as a source of
compassionate wisdom (prajna-karuna) for a humanity thirsting for inner
richness, solidarity and Truth. Without this permanent and selfless ethical
guidance humanity cannot change in time to survive. The Purpose (Dharma) of
world peace and social justice requires the radical transformation proposed by
the Buddhist Tribunal on Human Rights,
which is a weapon of life in the service of the world's Liberation and
Awakening (Bodhi), especially protecting the human rights of the Buddhist
Peoples, Spiritual Communities and Tribal Peoples, which have been the most
responsible and evolved societies in history. In the event that States do not
listen to this essential ethical voice, civilization will surely be
self-destroyed. Therefore, the world needs Buddhist Spirituality as a
fundamental means to defend itself from States that violate human rights in the
name of goodness. Faced with the hypocritical, perverse and malevolent practice
that has developed within the United Nations (UN), a genuine
international juridical order must be sought based on fair and egalitarian
ethical principles. This implies that the Path of Maitriyana fulfills its
sacred mission of being a beacon of hope and love, fighting the darkness of
greed, hatred and deceit through the brightness of peace, justice, knowledge
and nature. In seeking to eradicate war, poverty, ignorance and pollution, the United Buddhist Nations Organization
initiates a new Golden Age or Kingdom
of universal solidarity between humanity and Mother Earth (Pachamama).
While the UN has failed in its
mission to save the world from the scourges of war, injustice, ignorance and
pollution, the Buddhist Tribunal on
Human Rights assumes the Purpose (Dharma) to evade the evils of the world
by saving humanity from its own self-destruction. This involves fighting the
powerful ones who oppose change and transformation, defying the status quo of imperialism and
nationalism. The invention of Buddhist Spirituality not only is a sign of
self-determination and unity on the part of humanity, but is also a way of
transmitting the knowledge necessary to solve the urgent needs of the world. The
proposal of Maitriyana is a pathway to achieve the unavoidable goal of the
Salvation of humanity and the Mother Earth (Pachamama), preserving life through
compassionate wisdom (karuna-prajña). Through Mindfulness to the Purpose
(Dharma) of nature, the spiritual masters are the most apt leaders to be the ethical
voice of the world, such as indigenous and aboriginal peoples have been
millennially. In fact, the United
Buddhist Nations Organization seeks to care for all living beings using the
same spiritual logic of the original peoples, who are currently the poorest,
most marginalized and oppressed by contemporary civilization. Thus, the Buddhist Tribunal on Human Rights
defends the human rights of the Buddhist Peoples, Spiritual Communities and
Aboriginal Peoples, all of which harmoniously interexist with the environment,
also defending the rights of animals, plants and ecosystems. This implies
fighting with the superpower of love,
solidarity and knowledge against the status quo of militarism, imperialism and
nationalism, in order that all living beings can achieve Survival, Evolution,
Liberation and Awakening (Bodhi). Facing a civilization thirsting for
possession and power, the Buddhist Spirituality positions itself as a conscious
voice within the sacred body of Mother Earth (Pachamama). Building a world
peace civilization cannot be the work of a human being or a country, but must
be the cooperative work of the entire
humanity.[9] In
this sense, Maitriyana is an international commune dedicated to world peace
that fulfills the dream of Siddhartha Gautama, gathering all the compassionate
wisdom (karuna-prajña) of history to vanish the vicious circle of war and
injustice, since in its Purpose (Dharma) lies the commitment or vow to save all
beings from suffering, building a better world for the present and future
generations. This responsibility entails reflecting on mistakes of the past, by
learning from them to choose a new path for humanity. The immense mission of
the United Buddhist Nations Organization
is not only to be an alternative global parliament where the voice of the
Buddhist Peoples and Spiritual Communities is fully heard, but it is also a
space where the voices calling for the defense of rights of poor peoples,
tribal peoples, animals, ecosystems and Mother Earth (Pachamama) are heard. The
challenge of this task is enormous, especially considering that the present
civilization is characterized by terrorism, poverty, refugees and the massive
extinction of species, which undermines the dignity of life. Since the Buddhist Tribunal on Human Rights is an
international organization whose members are sovereign communities, it
undoubtedly conveys reformist ideas that overcome the impediments of greed,
hatred and deceit that often characterize ordinary governments. This is why the
United
Nations (UN) has been criticized
for being a disappointing international organization that has failed to
maintain peace.[10] In the
face of international institutions delegitimized by their inability, corruption
and lack of good will to promote world peace, the only solution and
revitalization of the international community comes from the humanitarian
mission of the Free and Enlightened Beings (Arhats-Bodhisattvas), acting as
guides of universal reconciliation (maitri). If the UN is failing to comply
with the Purpose (Dharma) of ethics and righteousness then it is essential that
it is replaced by organizations capable of acting as a true parliament of
humankind where all voices and perspectives can be heard. The key to the
coexistence of the civilization of peace
is through dialogue. Therefore, the current civilization
of war, based on the violent resolution of conflicts, must be replaced by
the new civilization of peace based
on dialogue and the reconciliation (maitri) of world problems. In this way, it
is vital to create a global society that is truly peaceful, just, cultured and
sustainable, otherwise humanity will not survive. The international community
has much to learn from the exemplary life of the spiritual masters of history,
whose path of ethics and integrity positions them as the consciousness of the world. This means that the function of the
Free and Enlightened Beings (Arhats-Bodhisattvas) is not only to guide
individuals, but also entire societies, leading them through selfless teachings
and never through political parties. This detached attitude leads the spiritual
masters to confront peacefully against fascism, militarism, nationalism and
colonialism. In fact, the search for a global citizenship is based on this
orientation that transcends all ideology, transmitting universal solidarity and
compassionate wisdom (karuna-prajña) in order to generate an awakened humanity. Although the essential principles of the United Nations (UN) are comparable to
the humanistic principles of Buddhist Spirituality,[11] such
as peace, liberty, equality, fraternity and solidarity, the UN has failed to
comply with these guiding values, not helping those who suffer or not providing them material and spiritual
well-being.[12] Maitriyana's
pathway of compassionate wisdom (karuna-prajña) has naturally led to the
creation of the United Buddhist Nations
Organization, which is the highest defender of human rights, social
transformation and the civilization of peace. Unlike the United Nations (UN), the Buddhist
Tribunal on Human Rights is based on a genuine spirit of tolerance and
respect for all spiritual communities, establishing dialogue with all
countries, international organizations and tribal peoples in order to solve the
great problems of the world. The noble vision of Buddhist Spirituality is the
peaceful coexistence through the global dialogue and mutual support of the
whole humanity, by teaching a civilized way in which military force is not
necessary, because the rule of Law reigns. In this kind of society the most
powerful is not the strongest militarily or economically but the most socially
humanitarian.[13] This
requires to share a sense of Purpose
(Dharma), Responsibility and Action,[14] by
building a civilization of peace and
social justice oriented to happiness and Awakening (Bodhi) of all
humankind, considering war and poverty as a primitive stage of history that
violates International Law. In this way, Maitriyana seeks the emergence and
development of a global ethic, proposing the radical transformation or total
abolition of the UN for being evil disguised as Good. This critical
reexamination of contemporary civilization is fundamental for building a better
world where everyone works for a common superior Purpose (Dharma).
Following the Path of Master
Gautama, who envisioned how to create a global civilization of righteousness
and justice, the Buddhist Tribunal on
Human Rights ethically supervises the entire international community,
making sure that those wielding power do not infringe the values of Liberty,
Equality and Fraternity. Therefore, the United Nations (UN) has been
denounced and judged for the charges of GENOCIDE, CRIMES AGAINST HUMANITY, WAR
CRIMES, CORRUPTION AND VIOLATION OF HUMAN RIGHTS INTERNATIONAL LAW. This Ethical Judgment demonstrates that the UN
goes against Human Rights and Buddhist Ethics, constituting the maximum
perversion against planetary harmony, reason by which it is concluded that all
these crimes sentenced constitute HIGH CRIMES AGAINST WORLD PEACE.
With reconciling spirit,
Master Maitreya Samyaksambuddha
President of the Buddhist Tribunal on Human Rights (BTHR)
[1] International
Criminal Court, Elements of Crimes,
entered into force Sept. 9, 2002, ICCASP/1/3, fn. 3.
[2] Prosecutor v.
Muhimana, Case No. ICTR-95-1B-T, Judgment and Sentence, para. 502 (Apr. 28,
2005); Prosecutor v Karadzic and Mladic, Case Nos. ICTY-IT-95-5-R61,
ICTY-IT-95-18-R61, Review of the Indictments Pursuant to Rule 61 of the Rules
of Procedure and Evidence, para. 93 (July 11, 1996).
[3] International Criminal Court, Elements of Crimes, entered into
force Sept. 9, 2002, ICC-ASP/1/3, p. 114.
[4] Prosecutor v.
Kambanda, Case No. ICTR-97-23-S, Judgement and Sentence, para. 40(1) (Sept. 4,
1998); Prosecutor v. Kovacevic and Drljaca, Case No. ICTY-IT-96-24,
Indictment, para. 9 (Mar. 13, 1997).
[6] Case Concerning
Application of the Convention on the Prevention and Punishment of the Crime of
Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), Judgment, 2007
I.C.J. 43, paras. 165, 431 (Feb. 26) [Bosnia v. Serbia].
[7] Draft Articles
on Responsibility of States for Internationally Wrongful Acts, Report of the
International Law Commission on the Work of its Fifty-Third Session, U.N. Doc.
A/56/10, art. IV (2001) [Articles on State Responsibility].
[9] F.
Roosevelt, Address to Congress on the
Yalta Conference.
[10] D.
Ikeda, Fulfilling the Mission: empowering
the UN to live up to the world´s expectations.
[11] D.
Ikeda, Fulfilling the Mission: empowering
the UN to live up to the world´s expectations.
[12] Lion's Roar of Queen
Srimala Sutra.
[13] T.
Makiguchi, The geography of human life.
[14] Lion's Roar of Queen
Srimala Sutra.
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