Legal challenge: An application for an arrest warrant to detain President George W Bush later today was refused by the Dublin District Court yesterday.
Mr Owen Rice (24), a journalist with the independent media organisation Indymedia, made the application before Judge Cormac Dunne on the grounds that the President was "personally responsible" for a series of crimes. He alleged the President was guilty of crimes against peace, war crimes and crimes against humanity.
"These actions are being carried out contrary to international law and contrary to the laws of the Republic of Ireland," said Mr Rice.
The alleged crimes "admitted to as a matter of policy and indeed boasted of" by Mr Bush "constitutes a prime facie case to answer in a matter which this court has, as the first instance, jurisdiction."
Given the allegations, said Mr Rice, permitting Mr Bush to visit this State with impunity would suggest the Irish people were unwilling to uphold the fundamental provisions of international human rights and humanitarian law.
Ireland had pledged to do its utmost to uphold these provisions as reflected in Article 29 of the Constitution, he pointed out.
"Therefore for all the reasons outlined above, I apply to this court to issue an arrest warrant for the detention of George Walker Bush anywhere he may be found within the jurisdiction, that he may be brought by An Garda Síochána before this court to answer these charges and receive a fair trial in accordance with law at this court or before a competent international tribunal." When asked the basis on which he claimed the court had jurisdiction to issue an arrest warrant against President Bush, Mr Rice said as a private citizen he was applying to the District Court in the first instance and that if Judge Dunne agreed to proceed, the DPP would be obliged to proceed.
Judge Dunne asked Mr Rice to "go over again" the section of his statement relating to the "prima facie" case he alleged Mr Bush had to answer. However, Judge Dunne stated it was his opinion that the statements made by Mr Rice constituted "political allegations as distinct from legal allegations" and refused the application.
Speaking afterwards, Mr Rice said he was not surprised at the judgment. "I appreciate the respectful way in which the judge listened to me.But if the law applies equally to all people, the judge should consider only the legal aspects and not entertain the political aspects."
He and four other anti-Bush protesters would be travelling to Dromoland Castle this morning, he said, and hoped to effect a citizen's arrest on Mr Bush.
