The International Criminal Tribunal for Viet Nam And China - Tin Tức Thời Sự

Trang Trúc-Lâm Nguyễn-Việt Phúc-Lộc 

Vietnamese historical Association
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The 22nd Appeal Letter Calling for the United Nations to Establish the International Criminal Tribunal for Viet Nam

Appeal letter to:

  1. Mr. Ban Ki-moon, United Nations Secretary General
  2. Mrs. Navanethem Pillay, The United Nations Working Group on Arbitrary Detention c/o Office of the High Commissioner for Human Rights 8-14, avenue de la Paix,1211 Geneva 10, Switzerland, email:,
  3. Mr. Lewis Gordon, Director, The Environmental Defender Law Center – EDLC, 407 W. Koch St., Bozeman, MT 59715 , USA email :
  4. Human Rights Organization (Amnesty International, HRW, RSF, Freedom House, BPSOS, Vietnam Human Rights Network)
  5. International Media agencies
  6. Vietnamese Overseas communities
  7. International Broadcasting  agencies (RFA, VOA, BBC, RFI ...)

Foreword: The Vietnamese Communist has had many different appelations since its inception on February 1930 from Indochinese Communist, Viet Minh, Vietnamese Labor Party, The Democratic Republic of Viet Nam. Currently it is known as the Socialist Republic of Viet Nam or Vietnamese Communist. From its founder, Ho Chi Minh trough its current secretary general, Nguyen Phu Trong (December 2013), they have committed great evil acts against the Vietnamese population and the world. Among those acts, the war criminal act is considered as the most serious one.

Therefore, the government of the Socialist Republic of Viet Nam constitutes a criminal group for the criminal acts they have perpetuated for 80 years.

We have formulated this accusatory report to denounce their criminal acts as well as to protest the fact that this criminal group has been voted in the Human Rights Council of the United Nations on November 12, 2013, and also to demand for the creation of the International Criminal Court on Viet Nam.



I/ Criminal Act of Communism Expansion by Way of Conducting War:

Since its inception on February 1930 to April 30, 1975, in order to expand communism as instructed by Russia and China, the Vietnamese Communist Party had massacred over 12 million Vietnamese.

In the Second Vietnamese War (1946-1975), on January 27, 1973, the Agreement on Ending the War and Restoring Peace in Vietnam was negotiated and approved in Peking (China) and finalized in Paris on January 27, 1975. In the agreement, the signatory parties comprised the United States, the Republic of Vietnam and the Socialist Republic of Vietnam (the Interim Revolutionary Government of the Republic of South Vietnam was a member of the SRVN).

But then, the Vietnamese Communist violated the agreement and invaded the Republic of Vietnam on April 30, 1975. Afterwards, they systematically carried out vengeance against the officers and civil servants of the Republic of Vietnam. From imprisonment without trial over a decade, to execution, forced labor and torture.

We exhibit some typical cases in which the victims were maltreated and executed on and after April 30, 1975:

hình ảnh tiểu sử sĩ quan quân đội việt nam cộng hòa, thiếu tá trần đình tự

First Case: Major Tran DinhTu (he was knifed and had his intestines spilled out) with 12 ARVN Rangers combatants (who were executed by firing squad on the spot on April 30, 1975 at Cau San Trung Lap Ha, Cu)(2;)

hình ảnh và tiểu sử tướng lĩnh sĩ quan quân đội việt nam cộng hòa, đại tá hồ ngọc cẩn

Second Case: Colonel Ho Ngoc Can was executed on August 14, 1975 at Can Tho (2)

- Third Case: 18 ARVN Airborne Rangers were executed on May 02, 1975 at Dong Nai river bank (4);

^hình ảnh và tiểu sử tướng lĩnh, sĩ quan quân đội việt nam cộng hòa, đại tá đặng phương thành

Fourth Case: Colonel Dang Phuong Thanh was hung upside down and beaten to death on September 09, 1976. The photo of Colonel Thanh (National Medal of the 5th Order ‘s recipient) was taken by correspondent Francois Caviglioli of Paris Match during the April 26, 1975 interview after the victor of Ben Tranh battle, Long An (5);

- Fifth Case: Second Lieutenant Nguyen Van Phan, Regional Forces was executed by a firing squad (6);

- Sixth Case: Lieutenant Nguyen Ngoc Tru, Political Officer with a doctorate degree in International Law, was executed by a firing squad in the prison in June 1977 (7);

- Seventh Case: Maltreatment of POWs after April 04, 1975: Major Vo Dang Phuong, Marine, 20 year imprisonment and died after his release in 1995 etc… The list is long, very lengthy (8).

Furthermore, they (the Vietnamese Communists) also practice discriminatory attitudes and behaviors toward family members of former officers and civil servants of the Republic of Vietnam in various fields of education, job, social security, health etc… All have been categorized a second class citizens.

For not being to live under the oppressive communist regime, 3 million Vietnamese have risked their lives in leaving the country by seas and by lands. Among them, 700 thousands have perished in seas (9).

nghĩa trang quân đội biên hòa

nghĩa trang quân đội biên hòa

nghĩa trang quân đội biên hòa

The Vietnamese Communists also took vengeance against the ARVN dead buried at Bien Hoa Military Cemetery. They have transformed a respectful cemetery into an abandoned and dilapidated site, forbidding all visits, displacing and destroying tombs etc. It has eventually changed its name from Military Cemetery to BinhAn Local Cemetery (10, 11, 12).

The Vietnamese Communists have committed 9 war criminal acts, namely criminal act of aggressive invasion of  the Republic of Vietnam, criminal act of violation of the January 27, 1976 Paris agreement , criminal act of maltreatment and barbarian vengeance of ARVN prisoners and political prisoners, criminal act of discriminatory treatment toward family members of ARVN political prisoners, criminal act of hiding the whereabouts and disappearance of 165,000 ARVN political prisoners under different methods in the re-education camps, criminal act of vengeance against 18,000 ARVN dead buried at Bien Hoa Military Cemetery, criminal act of causing death of those who attempted to leave the country by sea and by land, with over 700 thousands who perished by sea, criminal act of the massacre of Vietnamese in the Cambodian invasion, criminal act of instigating the China-Vietnam border war.

II/ Criminal Act of Human Trafficking of Vietnamese to Foreign Countries for Labor and Sexual Slavery:

In order to keep the regime as well its corrupted apparatus alive, the Vietnamese Communist Party promotes the exportation of human labor in Vietnam to foreign countries.

The individuals sold out to foreign countries for labor slavery and sexual slavery include men, women and children.

According to report of human trafficking in 2013 of the State Department of the United States, Vietnam ranks second among countries that need to be monitor in this issue. Although the Vietnamese Communists appear to make efforts to curtail the problem, in reality the problem continues to deteriorate at rapid pace.

The reason for this deterioration stems for the corruption plague that envelops the whole country. This corruption plague is the way the national assets are plundered from central level to local levels. The Communist cadres collude in order to survive. The national assets must be understood to also include the Vietnamese male and female population, besides the economy and lands, etc.

Vietnam ranks 15th in the list of numbers of people living in a slavery condition and ranks 64th, in terms of percentage of people forced to slavery over the entire population.

According to BPSOS organization, in its account about human trafficking in Vietnam (October 2013), the undertaking has closed tied with governmental authorities.

The number of Vietnamese sold out to foreign countries for slavery is over 1 million persons; the number of those sold in the country amount to around 400 thousand according to an estimate by Dr. Nguyen dinhThang, executive director of CAMSA and BPSOS (15, 16, 17).

III/ Criminal Act of Oppressing Religious Human Rights That Gains in Ferocity and Degree these Recent Years:

It’s worthwhile noting that this human rights oppression does not limited to persons of different political views but has expanded to all layers of the society and public forum. Which means that any Vietnamese citizen abhorring a different political view can be victim of the current Vietnamese Communists.

In 2013, we observe 78 cases of human rights promotion and oppression of the citizen, be it of different political view or simple citizen (see the detail section_Vietnamese version).

A/ Maltreatment, Lengthy Imprisonment until Death of PoliticalPrisoners and Conscientious Objectors:

1/ Imprisonment until death of political prisoner Bui dang Thuy:

Bui dang Thuy was a VNAF officer. After April 30, 1975 he joined Chua Thap Chapter of the People Activists Party to promote human rights in Vietnam. He was caught with several other persons, and was condemned to 18 year imprisonment. He died in prison on November 24, 2013 after suffering untreated tuberculosis for 17 years. He died before his sentencing term, shied of 1 year (18).

2/ Imprisonment until death of political prisoner Truong van Suong:

trương văn sương

Political prisoner Truong van Suong (? – 2011) 68 years old, was a former ARVN Lieutenant, of My Tu sector, Ba Xuyen. He was condemned to 33 years of imprisonment for political reason.

He was temporarily released to his home in SocTrang in order to take care of his illness on July 14, 12010.

On August 19, 2011 he was imprisoned again at Nam Ha prison although he illness was not cured. And on September 21, 2011 he passed away under dubious cause in Nam Ha prison (19).

3/ Imprisonment until death of political prisoner Nguyen van Trai:

nguyễn văn trại

Nguyen van Trai was detained by the Vietnamese Communists in 1996, and was sentenced to 15 year of imprisonment for participating in political organizations that demanded Freedom-Democracy for Vietnam. When felt ill, he had only 5 more months and would be a free man.

Political prisoner Nguyen van Trai died of cancer at 10:30 a.m. on July 11, in Z30A prison – XuanLoc Dong Nai, at the age of 74 years old.

After his pass away, his family asked for his remain for burial. The Communist Security answered: “Nguyen van Trai is a political prisoner, not a human being”. (20)

B/ Political Prisoners of the century (still alive, but of extremely poor health condition):

1/ Political prisoner Nguyen huu Cau:

nguyễn hữu cầu

He was a former officer of the ARVN, known by the name of QuangKien, born in 1945, originated from RachGianKienGiang Province. He was a poet, musical composer of songs. In April 1975, he was imprisoned by the army of the Vietnamese Communists until 1980.

Released the first time, he witnessed the communist society was progressing in more and more injustice, oppression, death and corruption. He continued to write poems, and composed many songs to express his personal feelings, and record proofs of abuse of power and evil acts.

On May 19, 1983, the KienGiang lower court slapped him with a death sentence for “causing damages”. His family, in particular his mother, vehemently protested. Finally, on May 25 1955, the higher court transmuted the death sentence to permanent imprisonment.

On March 28, 2013, the International PEN CODEP/WIPC voiced deep concern about his health condition that has been deteriorating. This organization demanded immediate and unconditional freedom for Nguyen Huu Cau. The International Pen invoked humanity ground because Nguyen Huu Cau risked dying in prison if he was not taken to a hospital for emergency treatment and be free to receive appropriated medical care. The International Pen also stressed that while in imprisoning Nguyen Huu Cau, the Communist government violated undeniably Article 19 of the International Law pertaining to Civil and Political Rights the it has signed (21, 22, 23)

2/ Political prisoner Tran Tu:

trần tư

Tran Tu was born on January 20, 1941 in a Catholic family at Phu Cam village, Thuy Truong hamhet, HuongThuy district, ThuaThien province (PhuocVinh), Hue City.

In 1990, during a charity volunteer trip, he succeeded in creating and developing the Inter Party Revolutionary Group of Vietnam. He went back in 1993 a second time to consolidate the organization and develop the infrastructure of his Party as well as to promote the new struggle trend in the world situation that was presenting positive changes, in particular the total collapse of the Communist countries in Eastern Europe. Unfortunately not long after his return to Saigon he was caught and was sentenced by the Vietnamese Communist court with an imprisonment for life for fomenting to topple down the government.

The condition in the prison is extremely severe; left hungry and thirsty continuously, with the lack of medicine to cure illness, living in extreme weather conditions, core of prisoners perished. Tran Tu is now 72 years old with nearly 20 years of imprisonment. (24)

IV/ A Call to the United Nations for the creation of the International Criminal Tribunal for Vietnam to Prosecute the Vietnamese Communist LeadersResponsible for Violating War Criminal Act and Human Rights:

The creation of the International Criminal Tribunal for Vietnam aims at preventing human rights violation, as well as prosecuting criminal acts committed in the past.

Talking about criminal acts perpetrated by the Vietnamese Communists would require hundreds, thousands and even hundred thousands of pages to record all to denounce their criminal acts against the political prisoners of the Republic of Vietnam in particular, and the Vietnamese population in general. Our presentation offers only a general aspect, nevertheless necessary to sound up an alarm about the evil act of the violator group of the Socialist Republic of Vietnam: Truong Tan Sang (Chairman); Nguyen tan Dung (Prime Minister); Tran daiQuang (Security Minister); PhungquangThanh (Defense Minister); Nguyen chi Vinh (Defense Deputy Minister). They form the current leadership. The former leadership comprises NongducManh (former congress chairman), Nguyen minh Triet (former chairman), Le ducAnh (former 4th Corps commander that invaded Cambodia), Le khaPhieu (former secretary general), Do Muoi (former secretary general), general Nguyen trongVinh (former 559th Army Corps that invaded the Republic of Vietnam).

After World War II, the international justice has condemned the violator group of the Third Reich of Adolf Hitler as leader. The criminal act perpetrated by the Vietnamese Communist violator group reaches a degree of cruelty, savagery, barbarism much higher by thousand folds than the Hitler’s Third Reich.

Most recently, the United Nations has and is prosecuting the Khmer regime on genocide. Victims of this regime amount over 3 million individuals. In the past, the United Nations has created International Criminal Tribunal for the former Yugoslavia to prosecute war criminal acts in this region.

Victims of the Vietnamese Communists reach over 12 million individuals throughout the past 80 years. Why that such a barbarian regime is permitted to seat with impunity in the Human Rights Council? To ask is to respond. We believe in your clairvoyance and determination to protect justice and human rights in the world.

Furthermore, we call upon the United Nations, the European Union, the United States and other human rights organization HRW, RSF, Freedom House etc.:

1/ To put pressure on the Vietnamese Communists to allow delegations of the United Nations and Human Rights organizations to enter Vietnam to investigate the death of 165,000 political prisoners of the Republic of Vietnam in the Vietnamese Communist prisons and to force them to made public a complete list of the political prisoners of the Republic of Vietnam that they have murdered during the period from April 30, 1975 to 2013 in the re-education camps.

To facilitate the coordination of this undertaking, we propose the United Nations, the European Union, the United States and other NGO to come into contact with

Federation of Associations of FormerVietnamese Political Prisoners
62 W. Kingsbridge Rd, Bronx, New York 10468. Tel (718) 364-3673

2/ To create the International Criminal Tribunal for Vietnam under the hospice of the United Nations (similar to the International Tribunal for the former Yugoslavia on May 25, 1993) to prosecute war criminal act of the Vietnamese Communist leaders, who has caused the death of 12 million Vietnamese. In particular the criminal act of invading the Republic of Vietnam, in violation of the January 27, 1973 Paris Agreement, the imprisonment of over 1 million political prisoners of the Republic of Vietnam and the death of 165,000 political prisoners of the Republic of Vietnam from April 30, 1975 to December 2013, and the death of 700,000 Vietnamese in oceans and seas. Also the vengeful destruction of 180,000 ARVN dead buried at Bien Hoa Military Cemetery, the massacre of Vietnamese in the invasion of Cambodia, the crime of causing the China-Vietnam Border War.

The creation of the Internal Criminal Tribunal for Vietnam and the setting of the procedural prosecution of perpetrators to appear before the International Criminal Court at La Hayeis to bring the criminal violators to light and to render justice to over ten millions Vietnamese.

3/ to establish a United Nations permanent office in Vietnam, in charge of People’s Complaints, Human Rights and Political Prisoners. The function of this office is to receive forms submitted directly denouncing illegal governmental appropriation of private lands and violation of human rights by the government of the Vietnamese Communists. The office finalizes indictments, makes report to United Nations agencies in charge of torture, prisoners’ maltreatment, illegal appropriation of private lands, makes recommendation of appropriate punishment. Furthermore, this office is also is the agency that protects the related victims.

4/ to continue to put pressure to the Vietnamese Communists to pay retribution, to restore honor to those they had killed as well as the family members of the political prisoners of the Republic of Vietnam still barely surviving  as pariahs in the margins of the socialist regime of Vietnam.

5/ to expulse immediately the Vietnamese Communist criminal perpetrator group from the human rights council.

V/ Recommendation for the Overhaul of the United Nations Human Rights Council:

The current institution should be abolished because it is not efficient in the protection of human rights in the world. On the contrary, it is a forum that gives cover to the countries that violate human rights, such as China, Vietnam, etc.

The members of the new United Nations Human Rights Council should be made up by members of NGO members, instead of members of a government.  In it, the organizations that fight for human rights would be the main force that promote and defend human rights in the world. If the United Nations succeeds in overhauling the infrastructure of the current Human Rights Council, the protection and the promotion of human rights in the world would attain the best and most efficient results.

European Union, December 05, 2013

Vietnamese historical Association in European Union


1/ The Criminal Act of the Disappearance of 165,000 Soldiers and Civil Servants of the Republic of Viet Nam: After the invasion of South Vietnam, the Communist regime imprisoned roughly one million soldiers and officials in so called re-education camp, and among those prisoners, 165,000 individuals had died due to torture, maltreatment, malnutrition, hard labor, untreated maladies, execution, etc… To these days the remains of these 165,000 victims are still lying under summarily dug holes, scattered in jungles and mountains and are not restituted to their families.This is a criminal act against humanity, a violation ofthe Rome Statute of the ICC which condemns “enforced disappearance of persons”.

2/ Paying Tribute to hero Tran Dinh Tu and 12 Rangers Combattants: In the last days of April 1975, the 32nd Rangers Group withdrew from Khiem Hanh-Bau Don-Tay Ninh to the 25th Infantry Division Headquarters. They were intercepted by the Viet Cong at Trung Lap Ha village and a ferocious 30-minute engagement occurred. Out of 40 soldiers of the battalion, only 13 survived; the enemy suffured 200 casualties. Tran Dinh Tu and the other 12 Rangers  fought to the last bullets. For refusing to surrender, they were executed by the Viet Cong.

3/ Colonel Ho Ngoc Can: As the last Province Chief of ChuongThien in the Mekong Delta, he fought against the Viet Cong to the last bullets. He was caught on May 1, 1975 and later on was executed publicly in the view of the population of the city

4/ Paying Tribute to Eighteen  ARVN Airborne Rangers: On April  30, 1975, General Duong Van Minh surrendered to the North Vietnamese Communists. Eighteen combatants belonging to two Airborne Rangers squads refused to lay down weapons and continued to fight. On May 2, 1975, when they were about to cross Dong Nai river to launch a last attack on the Viet Cong, they were encircled, caught and executed by the enemy.

5/ Colonel Dang Phuong Thanh, 12th Regiment, 7th Infantry Division: In the last days of April 1975, As 12th Regiment Commander, he fought and won the last major battle in IV Corps after I, II and III Corps had become combat iffective. He succeeded in interdicting two regiments of NVA 7 Division to overrun Thu Thua and Tan An with the intention of isolating Saigon. He was later on maltreated in a re-education camp located in North Vietnam. After a failed escape attempt, he was put in isolated confinement and died in October 1976.

6/ The Heroic Death of Second Lieutenant Nguyen Van Phan: In April 1975, he served as a political officer in the Military Security/Hau Nghia Sector . He was imprisoned in the re-education camp and was executed in Thu Thua.

7/ Nguyen Ngoc Tru: He was a lieutenant with a doctorate degree in international law. For daring criticizing the Communist regime during en endoctrination class, he was confined in a conex for three months and was executed by a 12-men firing squad.

8/ Vo Dang Phuong: Major Vo Dang Phuong served with the 258th Marine Brigade. In 1985, after witnessing and experiencing the inhumane conditions in the re-education for 10 years, he dared write a letter addressed to Prime Minister Pham Van Dong demanding the release of all officers and civil servants of the Republic of Vietnam. He was condemned by a set up court with a sentence of 10 years of emprisonment. Not until 1995, he was released by the Viet Cong.

9/ Boat People: ;; thousands boat people after landing on third country such as Thailand, Philippines, Malaysia and Indonesia, did not make to their intented destination such as the United States, Australia and France. They died and were buried on those transient locations.

10/ The Viet Cong Plan to Renovate the Bien Hoa Military Cemetery: An Attempt to Destroy a Historical National History. This cemetery is the final resting place of 18,000 ARVN soldiers. On November 27, 2006, a decree issued by the Prime Minister Office changed its name to Hamlet Binh An Cemetery.

11/ Voicing About the Renovation of Bien Hoa Military Cemetery: Vietnamese Historical Association in Europe objects to the collusion between Mr. Nguyen Dac Thanh and the Vietnamese Communist Government in a so called renovation project of the cemetery.

12/ Bien Hoa Military Cemeter, A Cry out for Help From a Spiritual Temple: Protest against a systamatic destruction of the cemetery by the Communist regime.

13/ Reopening the File on the Massacre of 3,157 Citizens of Ba Chuc  Village, An Giang Province Perpetrated on April 18, 1978by the Vietnamese Communist Regime: The Vietnamese Communist Regime attributed this massacre to the Pol Pot Regime, and used it as a pretext to invade Camdobia in 1978,

14/ The 1979 China-Vietnam Border War.

15/ Trafficking in Persons Report 2013: và Vietnam is a source and, to a lesser extent, a destination country for men, women, and children subjected to sex trafficking and forced labor. Vietnam is a source country for men and women who migrate abroad for work either on their own or through state-owned, private, and joint-stock labor export recruitment companies. Vietnamese men and women also migrate through informal labor recruitment companies in the construction, fishing, agriculture, mining, logging, and manufacturing sectors primarily to Taiwan, Malaysia, the Republic of Korea (South Korea), Laos, the United Arab Emirates, and Japan, and also to a lesser extent to China, Thailand, Cambodia, Indonesia, the United Kingdom, the Czech Republic, Cyprus, France, Sweden, Trinidad and Tobago, Costa Rica, Russia, Libya, Saudi Arabia, Jordan, and elsewhere in the Middle East and North Africa. Some of these workers subsequently face conditions of forced labor. Vietnamese women and children subjected to sex trafficking throughout Asia are often misled by fraudulent labor opportunities and sold to brothels on the borders of Cambodia, China, and Laos, with some eventually sent to third countries, including Thailand and Malaysia. Some Vietnamese women and children are forced into prostitution in South Korea, Indonesia, Taiwan, Thailand, Malaysia, Singapore, and Russia.

16/ From Houston to Cyprus A Long Trip A Sentiment of Sympathy: Dr. Nguyen Dinh Thang, BPSOS director partaked a conference on human trafficking in Cyprus on October 22, 2013. He took the opportunity to visit a group of a dozen women ranging from 20 to 50 years of age, all victims of human trafficking. They received refuge at a local catholic organization.

17/ A proof of the irresponsible attitude of the Vietnamese Governement toward overseas laborers: There are approximately 20,000 Vietnamese laborers working in various sweatshops in the areas of Moscow. Their plight is abominable, having to live and work as no better than slaves with their passports taken away, unpaid salaries, 12-14 working hour s, unfitted living conditions. Cry for help from these slave laborers is unheeded by the Vietnamese government and its officials at the Vietnamese Embassy in Moscow.

18/ Tribute to a Fallen Political Prisoner, Bui Dang Thuy, who died in Xuan Loc camp, on November 14, 2013:A former second lieutenant in the VNAF, he died after suffering a 17 year untreated tuberculosis

19-20/ Nomination for 2013 Vietnam human rights award’s recipient: Truong Van Suong is considered as Nelson Mandela of Vietnam, being in and out of prison for 33 years. He died on September 21, 2011 at Nam Ha prison.


The detail section_Vietnamese version - Bản Kháng Thư Với Đầy Đủ Chi Tiết:

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