This is the second issue of Transnational. And being the second, it means that everyone, the entire Party in fact, is committed to keeping this instrument of internal communication alive. An instrument which, thanks to its coming out regularly, ensures continued communication between members, offices and parliamentarians, as a function of the political project consisting in the Sofia Motion.The Satyagraha Agency is a work instrument that aspires to being just that, which already makes it something valid. In this issue we are publishing the text of a parliamentary motion for the setting up of the permanent International Tribunal, an institution with supranational jurisdiction. The initiative to institute this Tribunal will be the main field of action for the majority of Radical activists. Ours is the Party of Law, and we know that without Law, without institutions and individual laws, there can be no rights, which means no rights for the individual and no rights for humanity.The great challenge facing the

transdivisional, transnational Radical Party consists precisely in having the strength to dedicate ourselves daily to studying the possibilities for creating new sections of Law and new rules that are just and suitable for a world that is becoming more like a village every day. A village where everyone knows everything about everybody, but which is lacking in political and democratic instruments, because there is a dearth of rules and laws capable of governing other human activities that have spread beyond national boundaries for some time now. The tragic "balance of terror", which ruled the planet for decades, has been replaced by nothing less than an imbalance of hunger and wars, be they tribal or national. Some people maintain that a new balance will only be established in the wake of extremely serious and highly-explosive social situations that cannot be controlled; and that society will have to pay the price. We believe that there is only one way to create stability in a world that is almost totally in

terconnected, and that is with laws, rules, and a political process designed to create them.After many months of work and campaigning, we were successful in obtaining the institution of the ad hoc Tribunal for war crimes in the Former Yugoslavia, which we would define as a first section of binding International Law.It is maybe something more: for the first time the world has equipped itself with a jurisdictional authority that is independent of individual States and a court of justice that is supranational as opposed to international, in other words, a system which sees all people as equal. Just like in any democratic political system where: "all citizens are equal before the law, and the law is the same for everyone." This constitutes an extremely important step in the setting up of the permanent International Tribunal, which we will be discussing further in this issue.So, let's do some good work.

THE PERMANENT INTERNATIONAL TRIBUNAL

A Tribunal to prosecute and judge war crimes; acts constituting a threat to security and peace; genocide; all crimes against humanity; organized crime at an international level; drug-trafficking; international trafficking of children, and all other transnational criminal activities. A Tribunal such as this is necessary to create a society - international - founded on just laws and not the law of the strongest, of ethnic minorities, or bloodthirsty governments.If you take action to have parliaments pass the motion published on the following page, it could very well mean that the UN General Assembly will approve, during the 1994 session, the Statute of the International Tribunal, which will be discussed and drafted by the International Law Commission from 2 May to 20 July in Geneva.

PARLIAMENTARY MOTION ON THE PERMANENT INTERNATIONAL TRIBUNAL

The... Parliament considering - that it is necessary to set up the first centre of international justice to prosecute individuals guilty of cruel and intolerable crimes;- that the members of the International Community are still incapable of working together to deal with international crises;- that it is essential for the members of said Community to show that they jointly respect human dignity without conniving with or aiding and abetting the perpetrators of heinous crimes;- that it is necessary for absolute neutrality and objectivity to be maintained in the practice of international justice, no matter where in the world or in which States international crimes are committed;- that Nuremberg was created by the victorious powers whereas the Tribunal for crimes in the Former Yugoslavia was constituted by the Security Council as a unique instrument of international justice;- that it is not possible to conceive of sustainable development for future generations in a world without justice;- that the drawin

g up of a penal Code for crimes violating the peace and security of humanity (draft of an International Penal Code) has been under discussion for many years; - that the General Assembly of 1993 assigned to the International Law Commission the top priority task of drafting a Statute with the aim of insituting an International Court during the General Assembly to be held this year;engages the Government- to undertake all the appropriate institutional and diplomatic initiatives, so that during its 49th Session the General Assembly will be able to settle any political questions that are still open and to take a decision to institute the International Tribunal.

What follows is the letter which accompanied the motion that Olivier Dupuis, President of the General Council, sent to all parliamentarians who belong to or sympathize with the Radical Party. 4 May 1994

Dear Representative and Friend,

The international Tribunal for crimes committed in the Former Yugoslavia is now - finally - equipped with the necessary financial and organizational instruments that will enable it to function and bring a degree of justice - although minimal - to the issue of the Former Yugoslavia, also thanks to the Radical Party campaign "Ther's no Peace without Justice", and the commitment made by hundreds of parliamentarians and thousands of citizens all over the world. We obviously have to remain very much on the alert and, above all, we have to come up with new initiatives to see that not only the actual perpetrators of the crimes appear before this Court but also their "bosses", in other words, those people who organized, or at least favoured, these illegal acts. But we have to do more than this. Following the success of this revolutionary initiative undertaken by the International Community in the name of of justice and International Law, we deem it fitting - and also our duty - to continue to ride on the crest o

f the wave and, where possible, to intensify our actions so that a permanent International Court, that is, a new UN institution capable of judging crimes wherever they may be committed, can be instituted before the end of next year (1995). This initiative, which is urgent in itself, must also be embarked on swiftly to take advantage of a set of particularly favourable circumstances: in fact, the International Law Commission, the legal advisory organ of the UN, charged with drafting the Statute of the permanent Tribunal could complete its work during its present session (May-July 1994). Following this the text will be proposed to the Sixth Committee of the UN, which could approve it in the course of its next session (October-December 1994). If this program is respected the UN Secretary General could then give the go-ahead to set up the first permanent institution of international justice next year, on occasion of the celebrations to mark the 50th Anniversary of the birth of the United Nations. But the enti

re program will be compromised if one of these intermediate phases is not completed. In this case, not only will the institution of the Tribunal be postponed but, in all probability, we will not be blessed with such a favourable opportunity again. It is for all these reasons that we must multiply, in the coming weeks and months, our efforts and initiatives in support of the members of the International Law Commission first, and the members of the Sixth Committee second. To this end we have prepared a draft motion which, if it is presented in numerous parliaments will not fail to significantly strengthen this initiative.I hope that you will you will be able to participate in the initiative, and involve as many of your colleagues as possible.Yours sincerely, Olivier Dupuis (President of the General Council of the Radical Party)

"THER'S NO PEACE WITHOUT JUSTICE" COMMITTEEFOR A NEW SYSTEM OF INTERNATIONAL JURISDICTION AND GUARANTEES

Last November Emma Bonino met UN Secretary General Boutros-Ghali in New York and presented him with more than 75,000 signatures collected from all over the world, in order to press for the immediate and effective institution of the international Tribunal for war crimes committed in the Former Yugoslavia. Dozens of Nobel Laureates, parliamentarians, mayors and well-known personalities signed the petittion, including Vladimir Bukovski, Ralf Dahrendorf, Sadruddin Aga Khan, Fernando Savater, George Soros, Eugène Ionesco, Joseph Brodski, Ismail KadarE, Henri Laborit, Bernard Kouchner, Nagib Mahfouz, Mario Vargas Llosa, Simon Wiesenthal and many, many others. When he thanked the delegation, Boutros-Ghali emphasized the fact that "for the first time in the history of the United Nations, the Security Council had decided to create a Tribunal that went beyond national frontiers and functioned at a supranational level. "As we all know, the ad hoc Tribunal for crimes committed in the Former Yugoslavia, which constitut

es the first section of binding international jurisdiction, is now a reality."

This was how the idea was born to form the "Ther's no Peace without Justice" Committee of Parliamentarians, Mayors and Citizens, to establish a new system of international jurisdiction and guarantees.The immediate aim of the Committee is to awaken public opinion by supporting the activities of the ad hoc Tribunal, which will include legal representation and verification of proof offered during the various trials to be held; and also to bring about the institution of the International Tribunal for crimes against humanity by the UN General Assembly, as soon as possible.Please contact the Radical Party headquarters in Rome for further information.

"GREEN TONGUE2 ADOPTED BY UNIVERSITY OF TURIN

The Official Gazette of the Italian Republic has published a number of "modifications to the Statute of the University of Turin" with regard to the new "Curriculum for the Foreign Languages and Literature Degree" that introduces, for the first time in an Italian university, the teaching of the international language Esperanto under the heading: "Interlinguistics and Esperantology."

The curriculum will be included in the next academic year and lectures will be held by Prof. Fabrizio Pennacchietti, Esperantist and full Professor of Semitic Philology, who has made use of the faculty to arrogate to himself the right to teach, gratis, without having to wait to participate in a competitive examination for the chair.And so Italy joins the short list of countries (Hungary, Lithuania, Estonia) that have already provided for courses in Esperanto.The Radical association "Esperanto" will immediately launch a strong information campaign to awaken university students, in order that as many of them as possible might enrol for the Esperanto course.

25 APRIL - LIBERATE BOSNIA: A CRY FOR FREEDOM

ROME, 25 APRIL: Italy celebrates Liberation Day - the 49th anniversary of the fall of the Fascist regime.GORAZDE, 25 APRIL: The Bosnian Serbs are laying siege to the Muslim "safe area." None of the international TV networks are permitted to film the massacre. News is given out that they are shelling the hospital where those who have not been able to escape almost inevitable death have sought refuge. The World Community has given the Serbs yet another ultimatum, and continues to stand and wait.MILAN, 25 APRIL - 15.30: Over 200,000 people are taking part in the procession along the streets of the Lombardy capital. They arrive in Piazza del Duomo to celebrate Liberation Day, shouting "Long Live Freedom!"

ROME, 25 APRIL - 10.30: An enormous yellow banner, 18 ft. long and 12 ft. wide, hangs outside the Radical Party headquarters. It reads: LIBERATE BOSNIA.

"What's the matter? Don't you Radicals celebrate Liberation Day?" a journalist asks Emma Bonino, Secretary of the Party. "If we don't bear in mind that 25 April also means liberating Bosnia, the celebrations risk being merely rhetorical and hypocritical acts. Remembering means promoting liberation, otherwise w'll find ourselves organizing processions in memory of other bloodbaths fifty years from now, without having done anything to prevent them."

Meanwhile, Barbara Spinelli writes for La Stampa: "The continued trust shown in the present situation that Europe is experiencing is somewhat disconcerting, and not all that credible.

I don't think that Italians are unaware of all those ills and corpses piled up outside their front door - just over the border, in fact.

I don't think that they remain insensitive to the war embarked upon by the Serbs to exterminate the Muslims of Bosnia; that they do not know how to distinguish between war and genocide...

Neither do I believe that they are proud of Western governments that have turned a blind eye to the murderers and do not appear to want to stop the slaughter, even though they know that its happening..."

"THEY'RE GOING TO KILL ME IN MAY"

Somewhere between the night of Monday, 2 May, and the morning of Tuesday, 3 May, the State of Texas used a lethal injection to kill Paul Rougeau, who had been a prisoner on Death Row in Huntsville Prison for 16 years. Strong action at an international level, in which many Radicals and "Hands Off Cain" participated with tremendous energy; defence committees that were formed worldwide; appeals for clemency, and thousands of faxes sent to the Texas Authorities, were unable to prevent the execution of the condemned man, who may have been innocent.

We must do more, and do it quickly. We must go beyond all the watchwords we have used in our efforts to abolish the death penalty so far.We must not think of saving from the electric chair one "innocent", minor, social outcast or mentally-handicapped person at a time. We cannot continue to oppose capital punishment by generally upholding a "right to life." We have to follow the path of law that is the same for everyone, even the most guilty. This is the path indicated by the European Parliament: "(...) No State, and certainly not a democratic one, can dispose of the life of its citizens by providing in its laws for the death penalty as punishment for crimes, even the most serious ones." A right that has been recognized for the first time in the Statute of the international Tribunal for war crimes in the Former Yugoslavia, which excludes the death penalty being applied in any case.

"Hands Off Cain" is an abolitionist campaign with a deadline, whose strength lies in the different parliaments throughout the world in which abolitionist bills, which have been jointly formulated and agreed upon, are presented. It is a Campaign that, over the next seven years, must select legal and political midterm objectives to abolish the death penalty from the laws and constitutions of every country in the world.The next deadline we have to meet falls in September, when the UN General Assembly will hold its next session in New York. Our objective is to obtain a universal moratorium on all executions and the institution of the permanent International Tribunal.

AN INTERNATIONAL SEMINAR IN ROME ON 27 & 28 MAY TO CHANGE THE INTERNATIONAL CONVENTIONS ON DRUGS

The prohibitionist policy on drugs has failed to hit the target. This fact has now been acknowledged by many important people and official bodies, and by large sectors of public opinion.Our analysis has always been spot on and was in fact reported in a congressional document way back in 1972: the "banned" drugs are, in reality, on sale in every part of the world and organized crime makes enormous profits on these drugs. The "War on Drugs" has, by trying to counter the demand, not only failed to reduce the supply but also fostered the growth of an international system of violence and corruption, run by the Mafia, which today constitutes a serious threat to the civil liberties and democratic guarantees of citizens, while at the same time jeopardizing peaceful coexistence betweeen States. We have come to this very serious conclusion after spending decades studying the phenomenon as it gradually worsened, causing the situation to steadily deteriorate.The Radical Party, which is now a transnational force, has

decided to make the campaign to change the current prohibitionist regime one of its priorities. In order to do this it is necessary to attack and question the supranational institutional instruments, and the legal ones, which govern the policies of individual governments, that is, the international agreements on drugs: the Vienna Convention on Drugs of 1961; the Convention on Psychotropic Substances of 1971 and the Convention on Drug Trafficking of 1988. It is also necessary to organize an important UN Conference to re-examine the entire situation and to evaluate new policies.There are two complementary paths open to us: on the one hand, the "denouncement" of the Conventions currently in force; on the other hand, amendments to these same Conventions, proposed by individual governments, in order to set a modification procedure in motion that will permit the renegotiation of the Conventions at the UN.In order to discuss these problems and to organize a related international parliamentary campaign with the ai

m of undertaking political initiatives and presenting complementary motions on drugs, the Radical Party, the International Anti-prohibitionist League (LIA) and the Radical Anti-Prohibitionist Organization (CORA), are holding an International Seminar on 27 & 28 May in Rome, on the basis of a draft amendment drawn up in recent months.Parliamentarians from over 15 countries and some of the most qualified experts in the field will be taking part in the proceedings. They include: Arnald Trebach (USA), President of the Drug Policy Foundation; Antonio Escohotado (Spain), historian and political scientist; Giandonato Caggiano (Italy) Director of the S.I.O.I.; Gregorio Lanza (Bolivia), MP; Marie-Andrée Bertrand (Canada), Professor of Criminology at the University of Montreal and President of the LIA; Luigi Manconi (Italy) MP and sociologist; Enrique Gomez-Hurtado (Columbia) MP.Please contact the Radical Party headquarters in Rome for information.

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