BORICUAS SITUATION
BORINKEN (PUERTO RICO)
Left to Right:  IHRAAM Director Francis A. Boyle with Rafael
Cancel-Miranda



I am very happy to be back in Puerto Rico at this critical time in the history of the Puerto Rican People. I would also like to
thank the Organizers of this Conference, and especially my friend and fellow attorney Dr. Luis Nieves Falcon, for honoring me
with the opportunity to speak at this most important Conference.

In order to commemorate the 500th anniversary of Columbus's invasion of theAmericas, in 1992 I was asked by the Organizers
of the International Tribunal of Indigenous Peoples and Oppressed Nations in the U.S.A. to serve as Special Prosecutor of the
United States government for committing international crimes against Indigenous Peoples, People of Color, and Oppressed
Nationalities, including and especially the Puerto Rican People.

The Conference was initiated by the American Indian Movement (AIM) with the support of representatives of the Puerto Rican
People, the New African People, the Mexicano People, and progressive White North Americans. Of course, I do not consider
myself to be a "White North American." I was born an Irish Catholic, and I will die an Irish Catholic! During the past 800 years of
resisting one of the most brutal and cruel colonial occupations in the history of humankind, we Irish Catholics know what
self-determination, genocide , and gross violations of our most fundamental human rights are all about in our beloved Ireland,
which still continue as of today.

In my capacity as Special Prosecutor of the United States Federal Government, I drew up an Indictment under international law
that was served upon the Attorney General of the United States and the United States Attorney in San Francisco prior to the
convening of the Tribunal near "Columbus Day" 1992, with a demand that they appear to defend the United States
government from the charges. I take it they saw no point in trying to defend the indefensible because no-one showed up to
defend the United States government, though they did publicly acknowledge receipt of our service of process. I will not go
through all 37 charges of my Indictment here. But the proceedings of this seminal International Tribunal have been recorded in
a formal Verdict by the Tribunal; in a Video of the Tribunal; and in a Book on the Tribunal--all under the title U.S.A. On Trial:
The International Tribunal on Indigenous Peoples and Oppressed Nations in the United States.

For the purpose of this Conference, I want to briefly discuss the eight charges that I filed against the United States government
for committing international crimes against the People and State of Puerto Rico. I believe that these eight charges succinctly
state the fundamental principles of international law concerning the People and State of Puerto Rico. Obviously, these eight
charges of my Indictment cannot answer all the questions the Puerto Rican People might have with respect to international law.
But I do submit that these eight charges provide a solid foundation for providing guidance to the Puerto Rican People as to
their basic rights under international law that can be used in the future in order to resolve problems and issues as they arise to
confront you.

These eight charges of my Indictment read as follows:

Indictment of the Federal Government of the United States of America for the Commission of International Crimes and Petition
for Orders Mandating its Proscription and Dissolution as an International Criminal Conspiracy and a Criminal Organization

....

Bill of Particulars Against the Federal Government of the United States of America

....

The People and State of Puerto Rico

Since its illegal invasion of Puerto Rico in 1898, Defendant has perpetrated innumerable Crimes Against Peace, Crimes
Against Humanity and War Crimes against the People and State of Puerto Rico as recognized by the Nuremberg Charter,
Judgment, and Principles.

The Defendant has perpetrated the International Crime of Genocide against the Puerto Rican People as recognized by the
1948 Genocide Convention.

The Defendant has perpetrated the International Crime of Apartheid against the Puerto Rican People as recognized by the
1973 Apartheid Convention.

The Defendant has perpetrated a gross and consistent pattern of violations of the most fundamental human rights of the
Puerto Rican People as recognized by the 1948 Universal Declaration of Human Rights and the two aforementioned United
Nations Human Rights Covenants of 1966.

The Defendant has perpetrated a gross and consistent pattern of violations of the 1965 Racism Convention against the Puerto
Rican People.

The Defendant has denied and violated the international legal right of the Puerto Rican People to self-determination as
recognized by the United Nations Charter, the two United Nations Human Rights Covenants of 1966, customary international
law, and jus cogens.

The Defendant has illegally refused to apply the United Nations Decolonization Resolution of 1960 to Puerto Rico.  Pursuant
thereto, the Defendant has an absolute international legal obligation to decolonize Puerto Rico immediately and to transfer all
powers it currently exercises there to the Puerto Rican People.



The Defendant has illegally refused to accord full-scope protections as Prisoners-of-War to captured Puerto Rican
independence fighters in violation of the Third Geneva Convention of 1949 and Additional Protocol I thereto of 1977. The
Defendant's treatment of captured Puerto Rican independence fighters as "common criminals" and "terrorists" constitutes a
"grave breach" of the Geneva Accords and thus a serious war crime.

The distinguished Judges composing this International Tribunal consisted of seven independent Experts on human rights
drawn from all over the world. In their Verdict, Preliminary Findings, and Order of 4 October 1992, the Indigenous Peoples'
Tribunal did not accept all of the 37 charges that I filed in my Indictment against the United States government for perpetrating
international crimes against Indigenous Peoples, People of Color, and Oppressed Nations. But interestingly enough, when it
came to the Puerto Rican People, the International Tribunal accepted all of my charges against the United States government,
and by a unanimous vote.

In its own words, the exact findings of this Tribunal on the People and State of Puerto Rico were as follows:

PUERTO RICAN PEOPLE



With respect to the charges brought by the Puerto Rican People, the Defendant, the federal Government of the United States
of America is, by unanimous vote, guilty as charged in:


Since its illegal invasion of Puerto Rico in 1898, Defendant has perpetrated innumerable Crimes Against Peace, Crimes
Against Humanity and War Crimes against the People and State of Puerto Rico as recognized by the Nuremberg Charter,
Judgment, and Principles.

The Defendant has perpetrated the International Crime of Genocide against the Puerto Rican People as recognized by the
1948 Genocide Convention.

The Defendant has perpetrated the International Crime of Apartheid against the Puerto Rican People as recognized by the
1973 Apartheid Convention.

The Defendant has perpetrated a gross and consistent pattern of violations of the most fundamental human rights of the
Puerto Rican People as recognized by the 1948 Universal Declaration of Human Rights and the two aforementioned United
Nations Human Rights Covenants of 1966.

The Defendant has perpetrated a gross and consistent pattern of violations of the 1965 Racism Convention against the Puerto
Rican People.

The Defendant has denied and violated the international legal right of the Puerto Rican People to self-determination as
recognized by the United Nations Charter, the two United Nations Human Rights Covenants of 1966, customary international
law, and jus cogens.

The Defendant has illegally refused to apply the United Nations Decolonization Resolution of 1960 to Puerto Rico. Pursuant
thereto, the Defendant has an absolute international legal obligation to decolonize Puerto Rico immediately and to transfer all
powers it currently exercises there to the Puerto Rican People.

The Defendant has illegally refused to accord full-scope protections as Prisoners-of-War to captured Puerto Rican
independence fighters in violation of the Third Geneva Convention of 1949 and Additional Protocol I thereto of 1977. The
Defendant's treatment of captured Puerto Rican independence fighters as "common criminals" and "terrorists" constitutes a
"grave breach" of the Geneva Accords and thus a serious war crime.

As Special Prosecutor for the Tribunal, it came as no surprise to me that the Judges unanimously accepted all of my charges
against the United States government with respect to the People and State of Puerto Rico. This is because the principles of
international law with respect to the People and State of Puerto Rico are incontestible, and thus so glaringly obvious for the
entire world to see. I most respectfully submit that the Puerto Rican People must use this analysis and the Tribunal's Verdict,
Preliminary Findings, and Order in order to support, promote, and defend your basic rights under international law.

In the final section of its Verdict, the Tribunal also rendered the following unanimous decision that directly concerns the
international legal rights of the People and State of Puerto Rico:



ADDITIONAL FINDINGS


In light of the foregoing findings, this Tribunal also, by unanimous vote, finds the Defendant guilty as charged in paragraph 37,
which, as amended, reads:



In light of the foregoing international crimes, the Defendant constitutes a Criminal Conspiracy and a Criminal Organization in
accordance with the Nuremberg Charter, Judgment, and Principles and the other sources of public international law specified
above, and the Federal Government of the United States of America is similar to the Nazi government of World War II
Germany. [Emphasis added.]

This powerful Finding speaks for itself and requires no explanation by me.

The Tribunal concluded its Verdict with the following Order to the United States government: "Now therefore, it is ordered,
adjudged and decreed that the Defendant cease and desist from the commission of the crimes it has been found guilty of
herein." Of course, the United States government paid no attention to the Order of this Tribunal. Likewise, the United States
has paid no attention to the decisions of the International Court of Justice in The Hague, the so-called World Court of the
United Nations System.

Nevertheless, the Verdict, Preliminary Findings, and Order of this Indigenous Peoples' Tribunal qualify as a "judicial decision"
within the meaning of Article 38(1)(d)of the Statute of the International Court of Justice. Pursuant thereto, this Verdict,
Preliminary Findings, and Order constitute "subsidiary means for the determination of rules of law" for international law and
practice. Furthermore, the Statute of the International Court of Justice is an "integral part" of the United Nations

Charter under Article 92 thereof. Hence the Indigenous Peoples' Tribunal's Verdict, Preliminary Findings, and Order can be
relied upon by the International Court of Justice itself, by the Permanent International Criminal Court now being organized, by
some other International Tribunal, or by any other Court in the world today, as well as by any People or State of the World
Community--including and especially by the Puerto Rican People.


Obviously, in my brief presentation here today, I do not have the time to go through each and every one of these nine
charges; to discuss all of the factual evidence that supports these nine charges; or to provide you with an analysis of the
international legal basis for each one of these charges. For that type of information, I refer you to the Video and the Book on
the Tribunal as well as to the Verdict, Preliminary Findings, and Order itself.
September 20, 2013.  The lecture is entitled "Puerto Rico and the Puerto Ricans
Versus  115  Years of Yankee Imperialism and Colonialism" .  A Spanish language
video from the Conference is available
here.

San Juan, Puerto Rico
August 28, 1999