CUSTOMS OF WAR as set forth herein.



  1. William Jefferson CLINTON is President of the United States and
    Commander-in-Chief of its armed forces.


  2. William COHEN is Secretary of Defense of the United States, was
    formerly a United States Senator from Maine, and in 1974 was a member of
    the Committee on the Judiciary of the United States House of
    Representative during the 1974 impeachment proceedings against Richard
    M. Nixon, President of the United States.


  3. In July 1974 William COHEN advocated and voted for three articles of
    impeachment against Richard M. Nixon. Two of said articles charged
    Richard M. Nixon with crimes which he had not personally directed or
    known about prior to their commission by others.


  4. On July 30, 1974, William COHEN voted “No” against a proposed fourth
    article of impeachment charging Richard M. Nixon with unlawful bombing
    of the then-neutral country of Cambodia in usurpation of the United
    States Constitution’s delegation of the sole power to declare war to the
    Congress of the United States. In explanation of his vote William COHEN


      While this usurpation [of Congress’ war powers] may have taken
      place, I happen to believe the usurpation has come about not through the
      boldness of President Nixon but rather on the default and sloth of the


  5. In 1973 William COHEN voted for the War Powers Resolution that was
    enacted by the United States Congress to prohibit further usurpation of
    its war powers by requiring an official act of said Congress to extend a
    military attack on a foreign country for more than 60 days.


  6. On March 24, 1999 William Jefferson Clinton ordered the military
    forces of the United States to participate in an aggressive military
    attack on former Yugoslavia and with the aid and abetment of William
    COHEN has continued the attacks to the present, in violation of the
    Constitution and War Powers Resolution of the United States.


  7. At all times relevant to this indictment, the armed forces of the
    United States have participated in aggressive military attacks on former


  8. As stated in paragraph 88 of the May 23, 1999 indictment of Slobodan
    Milosevic et al by the International Criminal Tribunal for former


      A superior is responsible for the acts of his subordinate(s) if he
      knew or had reason to know that his subordinate(s) was/were about to
      commit such acts or had done so and the superior failed to take the
      necessary and reasonable measures to prevent such acts or to punish
      the perpetrators thereof.


  9. The aforesaid precedents and legal principle and the allegations
    contained in paragraphs 1 through 8 are re-alleged and incorporated into
    each of the charges set forth below.



  1. Beginning on or about March 24, 1999 and continuing until the date
    of this indictment, the armed forces of the United States, acting at the
    direction, with the encouragement, or with the support of William
    Jefferson CLINTON and William COHEN have executed an aggressive military
    campaign against former Yugoslavia based on political, racial, or
    religious grounds.


  2. William Jefferson CLINTON and William COHEN have planned,
    instigated, ordered, committed or otherwise aided and abetted the
    planning, preparation, or execution of action which they knew, or had
    reason to know, would result in the following acts.

    COUNT 1

    The killing, injuring, terrorizing, and destruction of the homes of
    thousands of Serbian and other civilians in former Yugoslavia, including
    but not limited to, such acts as:


    1. 25,000 sorties and 14,000 missiles and bombs, 4,000 of which were
      not precision guided, as of May 1999;


    2. use of anti-personnel cluster bombs that have resulted to damage to
      hospitals, offices and residences of ambassadors, and the senseless and
      brutal killing of innocent civilians and conscripted troops; and


    3. the use of specific types of cluster bombs that are designed to kill
      and maim humans and are condemned almost universally by other nations.

    COUNT 2

    The provocation of the government of former Yugoslavia to continue to
    increase the murder, terrorization, and deportation of Albania civilians
    in Kosovo, and such acts as are charged in the May 24, 1999 indictment
    of Slobodan Milosevic et al.

    COUNT 3

    The usurpation of the sole power of the United States Congress to
    declare war and the violation of the War Powers Resolution of the United
    States, resulting in a counterproductive attack on Yugoslavia and the
    senseless and excessively brutal destruction of civilian life.

* Note: The above-proposed indictment incorporates verbatim portions of
the May 23, 1999 indictment of Molesivic et al. The acts alleged in
Counts 1 and 3 are described in verbatim quotations from the May 27,
1999 New York Times article by President Jimmy Carter, stating “the
decision to attack Yugoslavia [is] counterproductive, and our
destruction of civilian life [is] senseless and excessively brutal.”
Count 2 is an abridged summary of acts charged in an open letter of
Bishop Artemious of Kosovo, a leader of a democratic resistance movement
against the Milosevic regime.


Jerome Zeifman formerly served as Counsel to the House Judiciary
Committee from 1961 to 1975 and as Professor of Law at the University of
Santa Clara. He can be reached by e-mail.

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