Francis Boyle

As member of the board of Amnesty International USA at the end of the 1980s and early 1990s, he claimed that Amnesty International USA acted in ways closely related to United States foreign policy interests. He stated that Amnesty, along with other human rights organisations in the US, failed to sufficiently criticise the Sabra and Shatila Massacre in Lebanon.[6] Boyle stated his suspicion that the International Secretariat of Amnesty International, based geographically in London, UK, was also subject to this bias. He attributes alleged links between Amnesty International and US/UK foreign policy interests to the relatively large financial contribution of Amnesty International USA to AI's international budget, which he estimated at 20%.[6] Boyle added that Amnesty International was instrumental in publicizing the "Iraqi soldiers dumping children from incubators in Kuwait" hoax.[7] He claimed aspects of organizational continuity and survival came ahead of human rights aims in Amnesty International. He stated "Amnesty International is primarily motivated not by human rights but by publicity. Second comes money. Third comes getting more members. Fourth, internal turf battles. And then finally, human rights, genuine human rights concerns."[6]

During the war for independence of Bosnia and Herzegovina, Boyle became the first international-law legal adviser to the first Bosnia-Herzegovinian president, Alija Izetbegovic. Boyle prepared and filed with the International Court of Justice Case 91, also known as the Bosnian genocide case claiming that genocide took place in Bosnia and Herzegovina and that Serbia was responsible for and complicit in that genocide. The final verdict of the case in 2007 stated that while Serbia had not committed genocide, genocide indeed had taken place in Bosnia and Herzegovina and that Serbia was responsible for "failing to prevent and punish the genocide which it knew was taking place."[8]

In October 1992, Boyle participated in the International Tribunal of Indigenous Peoples and Oppressed Nationalities in the United States of America that convened in San Francisco. Boyle, acting as a "special prosecutor", petitioned the tribunal to issue the following:

• "An Order proscribing the Federal Government of the United States of America as an International Criminal Conspiracy and a Criminal organization under the Nuremberg Charter, Judgment, and Principles;" and
• "an Order dissolving the Federal Government of the United States of America as a legal and political entity."

In the conclusion of a 37-point legal brief, Boyle wrote that the Federal Government of the United States:

is hostis humani generis: The enemy of all humankind! For the good of all humanity, this Tribunal must condemn and repudiate the Federal Government of the United States of America and its grotesque vision of a New World Order that is constructed upon warfare, bloodshed, violence, criminality, genocide, racism, colonialism, apartheid, massive violations of fundamental human rights, and the denial of the international legal right of self-determination to the Indigenous Peoples and Peoples of Color living in North America and elsewhere around the world.[9]

In 1993, Boyle gave a speech in which he called for Hawaiian independence from the United States.[10]

In December 2004, Boyle stated that the United States is illegally occupying the state of Hawaii and he has encouraged Native Hawaiians to press for independence and, if necessary, unilaterally proclaim their own state. In a three-hour speech entitled "The Restoration of Hawaii's Independence," Boyle claimed that the United States has conceded it unlawfully occupied the Kingdom of Hawaii and that fact alone "gives the Kanaka Maoli (Native Hawaiians) the entitlement to restore their independent status as a sovereign nation state."[11]

Boyle argued that, like the Palestinians, Hawaiians should "exercise their right of self-determination", instead of asking the permission for it. Boyle stated that "the plight of the Hawaiian people is generally well known in the world and there's a great deal of sympathy." He concluded his speech by stating that "Hawaii should send the strongest message to Washington it can. Letters carry no weight. The number of people in the street do. Gandhi threw the mighty British out of India with peaceful, nonviolent force. People power, submit to it."[11]

Boyle, who has been advising Hawaiian independence groups since 1992, has argued that "The legal cause for the restoration of the kingdom is air-tight". In addition to devising a draft constitution for one group, the Nation of Hawaii, Boyle filed suit in the United States Supreme Court in 1998 to demand the restoration of Hawaiian independence and reparations "for all the harm inflicted on the Kingdom of Hawaii". The court later determined that the kingdom "was a non-recognised sovereign that does not have access to the US courts". Boyle added that Hawaiian independence groups will "have to wait until the Kingdom of Hawaii has achieved substantial diplomatic recognition and then I could file something in the international court of justice." Boyle further stated that "Native Hawaiians operate in accordance with the Aloha spirit, which is similar to Mahatma Gandhi's Satyagraha force, and I take the position that if Gandhi can throw the mighty British Empire out of India with Satyagraha, Native Hawaiians can throw the mighty American empire out of Hawaii with Aloha." In a 2008 interview, Boyle restated his confidence that Hawaii will eventually achieve independence from the United States.[12]

Boyle endorsed the impeachment of Bill Clinton, though not for the reasons stated in the Articles passed by the House of Representatives. Instead, Professor Boyle called on Clinton to be impeached for the "right reasons" -- specifically: launching military attacks against Sudan, Afghanistan, and Iraq in violation of the War Powers Resolution and the U.S. Constitution.[13]

Boyle appealed in January 2010 to the prosecutor of the International Criminal Court (ICC) to take action against George W. Bush and Dick Cheney among other members of the Bush administration. The United States does not recognize the jurisdiction of the ICC.[14] In November 2011, Boyle was involved as a prosecutor in the four-day Kuala Lumpur War Crimes Tribunal in Malaysia, an organisation established by former Malaysian prime minister Mahathir Mohamad, an opponent of the Iraq War, to decide if President George W. Bush had violated international law.[15] At the conclusion of the event, the two men were found guilty of committing war crimes.[16]

In April 2018, Boyle gave a statement regarding Trump's missile strike in Syria, asserting that it was a violation of multiple charters and legal statutes, a crime against peace, and an illegal and impeachable offense.[17] In a column, Boyle referred to Trump as "another representative for U.S. imperialism and neoliberal capitalism."[18]

Boyle has been critical of the U.S. interventionist foreign policy,[19] especially humanitarian intervention.[20]

Boyle was a critic of the foreign policy of former American President George W. Bush. In 2007 Boyle claimed that the G. W. Bush administration had been conducting criminal activities alongside associates in allied countries and that the administration would welcome conflict with Muslim and Arab states. He also claimed that American treatment of Muslims and Arabs since the 9/11 was similar to that of the Japanese and Japanese Americans after Pearl Harbor.[21]

Boyle is a long-standing critic of Israel, Zionism, and American foreign policy towards Israel. In 1986, Boyle filed a lawsuit against Israeli General Amos Yaron for purported involvement in the Sabra and Shatila massacre on behalf of several relatives of victims, but lost when the United States State Department said that Yaron could not be tried due to the diplomatic immunity he enjoyed as a military attaché to the United States. Boyle countered that under the Nuremberg Principles, there are no privileges or immunities for suspected war criminals, but the court decided that since President Ronald Reagan had given Yaron a "formal certification" that "this was a political question and the court could not do anything to the contrary". Boyle has since followed all lawsuits against Israelis internationally, and blames "Zionist control and domination of the American judiciary" for the failure of these lawsuits in the United States. Boyle proposed that the United Nations General Assembly set up the "International Criminal Tribunal for Israel" (ICTI) as a "subsidiary organ" under Article 22 of the United Nations Charter. His suggestion was endorsed in the UN by Malaysia and Iran, and supported by several dozen Arab and Muslim countries.

Boyle advocated the creation of a Boycott, Divestment and Sanctions (BDS) movement in a speech on November 30, 2000 at Illinois State University in which Boyle called for "the establishment of a worldwide campaign of disinvestment/divestment against Israel" and has since campaigned for BDS.[22] He referred to Israel's blockade of the Gaza Strip as "genocide", and the Gaza War as a "massacre", claiming that Israel's actions raise the element in the Genocide Convention "of murder, torture, and things of that nature", and urged the Obama administration to force Israel to lift its blockade.

In January 2009, he wrote that "Israel's genocidal policy against the Palestinians has been unremitting, extending from before the very foundation of the State of Israel in 1948 ... Zionism's "final solution" to Israel's much touted "demographic threat" allegedly posed by the very existence of the Palestinians has always been genocide."[23] Following the Gaza War, he advised Palestinian Authority President Mahmoud Abbas to file a declaration under Article 12, Paragraph 3 of the Rome Statute, requesting the prosecution of Israeli officials.

In an article published by Veterans Today in 2010 titled "The Impending Collapse of Israel", Boyle stated that "God had no right to steal Palestine from the Palestinians and give Palestine to the Jews to begin with. A fortiori the United Nations had no right to steal Palestine from the Palestinians and give Palestine to the Zionists in 1947." In the same article, Boyle predicted that the state of Israel "will continue its rapid descent into pariah state status" and that "When Israel collapses, most Zionists will have already left or will soon leave for other states around the world. The Palestinians will then be able to claim all of the historic Mandate for Palestine as their State, including the entire City of Jerusalem as their Capital."[24]

According to Boyle, "the Jewish Bantustan (will) collapse of its own racist and genocidal weight over the next two decades if not much sooner. In the meantime, the Palestinians must stall and delay the so-called peace negotiations until then. Time is on their side."[24][25]

In an article published by the Atlantic Free Press, in October 2010, Boyle suggested that Israel change its name to "Jewistan - The State of the Jews", claiming:

In fact, Israel has never been anything but a Bantustan for Jews set up in the Middle East by the White racist and genocidal Western colonial imperial powers in order to serve as their racist attack dog and genocidal enforcer against the Arab and Muslim world. From the very moment of Western imperialism's genocidal conception of Israel in 1947-1948, Israel has historically always functioned as Jewistan – the world's Bantustan for the Jews. So Israel might as well finally change its name today to Jewistan, own up to its racist birthright, and make it official for the rest of the world to acknowledge.[26]

He concluded the article by stating: "In the meantime, the Palestinians should sign nothing with Jewistan/Israel and let this Bantustan for Jews collapse of its own racist and genocidal weight. Good riddance!"[26]

In May 2008, Boyle offered to "represent Iran in an international tribunal for trying Israel on charges of genocide of Palestinians", and reportedly demanded that his proposal be submitted to Ayatollah Seyyed Ali Khamenei and President Mahmoud Ahmadinejad.[23][27]

Boyle has urged Iran to sue the United States in the International Court of Justice to discourage a military strike on Iran's nuclear facilities and prevent the imposition of new sanctions by the U.N. Security Council. He offered to represent Iran and recommended that Iran begin drafting lawsuits for presentation to the International Court of Justice.[28][29]

Sri Lanka's government declared victory in May, 2009, in one of the world's most intractable wars after a series of battles in which it killed the leader of the Tamil Tigers, who had been fighting to create a separate homeland for the country's ethnic Tamil minority. The United Nations said the conflict had killed between 80,000 and 100,000 people in Sri Lanka since full-scale civil war broke out in 1983. A US State Department report offered a grisly catalogue of alleged abuses, including the killing of captives or combatants seeking surrender, the abduction and in some cases murder of Tamil civilians, and dismal humanitarian conditions in camps for displaced persons. Human Rights Watch said the U.S. report should dispel any doubts that serious abuses were committed during the final months of the 26-year civil war. The report gains added significance since, during these five months, the Sri Lankan Government denied independent observers, including the media and human rights organizations, access to the war zone, and conducted a "war without witnesses." This book traces the ongoing engagement of international lawyer Francis A. Boyle during the last years of the conflict. Boyle was among the very few addressing the international legal implications of the Sri Lankan Government's grave and systematic violations of Tamil human rights while the conflict was taking place. This is the first book to develop an authoritative case for genocide against the Government of Sri Lanka under international law. [30]

• Radio interview by Robert W. McChesney on UIC Media Matters program December 23, 2007.
• "Interview with Professor Francis Boyle" (58 minutes), May 1, 2010. Peter B. Collins and Sibel Edmonds, interviewers.