During the rush to get the Nuremberg Tribunals underway, the Soviet delegation wanted the tribunal’s historic decisions to have legitimacy only for the Nazis. U.S. Supreme Court Justice, Robert Jackson, serving as the chief prosecutor for the Allies, strong-armed the Soviets until the very beginning of the tribunal before changing their mind.
In his opening statement Jackson very purposely stipulated, “Let me make clear that while this law is first applied against German aggressors, the law includes, and if it is to serve a useful purpose it must condemn aggression by any other nations, including those which sit here now in judgment.”
Can there be a better reason for prosecuting George Bush and his administration for war crimes than those words from the chief prosecutor of the Nazis, a U.S. Supreme Court Justice, with the full support of the U.S. government? Robert Jackson’s words and the values this nation claims to stand for provide sufficient moral basis for putting Bush and Cheney, their underlings who implemented their policies and the perverted legal minds who justified them all in the dock. If those are not sufficient reasons, there is a long list of binding law and treaties — written in black and white in surprisingly plain English.
Bush imagined, and his attorneys advised, that he could simply wave aside these laws with “they don’t apply.” Imagine how a judge would treat even a simple traffic court defendant who brazenly stated the law was only a quaint notion, just “words on paper?”
Masses of people and an embarrassingly small number of their elected representatives in this country read the law for themselves and demanded otherwise, only to be silenced by the Guardians of Reality in the corporate news media.
But it’s all there, where it has been for 220 years, the Constitution’s “supremacy clause,” Article II, section 4, and in the War Crimes Act of 1996 (18USC §2441). They provide the authority to make additional treaties legally binding — no matter how much former White House lawyers David Addington and John Yoo may object.
Those additional treaties include among others, the Geneva Conventions, the Nuremberg rulings, the Laws and Customs of War on Land and UN General Assembly Resolution 3314. To give just a snapshot of how serious these laws are, consider this portion of 18 USC 2441 which defines a war crime as “a grave breach in any of the international conventions signed at Geneva 12 August 1949, or any protocol to such convention to which the United States is a party…” The guilty can be “fined under this title or imprisoned for life or any term of years, or both, and if death results to the victim, shall also be subject to the penalty of death.”
Here, Justice Jackson answers another question about war crimes — who bears the greater responsibility: those who committed barbaric acts in the field or those who created the conditions for barbarism?
The case as presented by the United States will be concerned with the brains and authority back of all the crimes. These defendants were men of a station and rank that does not soil its own hands with blood. They were men who knew how to use lesser folk as tools. We want to reach the planners and designers, the inciters and leaders without whose evil architecture the world would not have been for so long scourged with the violence and lawlessness, and wracked with the agonies and convulsions, of this terrible war.
And yet it is not just because Bush violated the Constitution and federal law that he and his lieutenants must be prosecuted.
At Nuremberg, the foremost crime identified was starting a “war of aggression,” later codified by U.N. Resolution 3314, Art. 5, as “a crime against international peace.” Launching a war of aggression, as Hitler did against Poland, is considered so monstrous that the nation responsible can then be charged with “war crimes” and “crimes against humanity,” spelled out in detail in the Geneva Conventions. As Tom Paine said long before the U.N. formalized the definition of aggression, “He who is the author of a war lets loose the whole contagion of Hell and opens a vein that bleeds a nation to death.
Following World War II, humanity resolved that wars do more than spark a series of loathsome, individual crimes. Leaders responsible for a war actually commit crimes against the entirety of humanity. They inflict harm on every human being, something that must be put right before humanity can be restored.
There is a final reason why we must prosecute Bush and Co. It is not what some argue, although they point to a serious danger: that Bush trashed the law and usurped powers, encouraging future presidents to expand where he left off. Such reasons are about George Bush and those who hold the office after him, but in the final analysis this is about us.
We are complicit in the horrors of this administration. We can claim neither ignorance nor innocence. We are complicit by the very fact that we are citizens of the United States, more so because we paid for the war, and even more so for this reason. Listen to a village sheik I met in Iraq describe it better than I ever could.
I met this man in a small farming village one afternoon in early 2004. He described how he and a dozen others were swept up in a raid by the U.S. Army and detained on a bare patch of ground surrounded by concertina wire. They had no shelter and but six blankets. They dug a hole with their hands for a toilet. They had to beg for water until one time it rained for three days straight and they remained on that open ground. He somehow found the graciousness to say he understood there was a difference between the American people and our government. Then through his tears he added, “But you say you live in a democracy. How can this be happening to us?”
Do we? Whether or not we bring our own government officials to justice for their crimes will determine the answer.
Cuba special: 50 years of revolution New Year’s Day 2009 marks the 50th anniversary of the triumphant day on which the Cuban people ousted the military dictatorship of Fulgencio Batista, so ridding themselves of the shackles of capitalism and setting out on the road toward socialism. www.cpgb-ml.org/index.php?secName=proletarian&subName=display&art=456
Economic crisis: no escape under capitalism Bourgeois economic science offers little by way of solutions to the current crisis, not because bourgeois economists are unintelligent, but because their outlook is hemmed in by their belief in the immortality of the capitalist system of production. www.cpgb-ml.org/index.php?secName=proletarian&subName=display&art=457
Obama’s victory and its significance Obama’s victory provides a fertile terrain for the realisation to grow amongst the most oppressed sections of American society that their oppression is primarily class oppression, not just race oppression. www.cpgb-ml.org/index.php?secName=proletarian&subName=display&art=458
:: WORLD ::
Editorial: Mumbai terror attacks The main thing that gives the Pakistani army the power that it has hitherto exercised is confrontation with India. Any improvement of relations between India and Pakistan spells death for the army’s pre-eminent role in Pakistan. www.cpgb-ml.org/index.php?secName=proletarian&subName=display&art=459
Thieves fall out: crisis exacerbates inter-imperialist contradictions The world financial crisis is putting ever greater strain upon relations between the major imperialist powers. It seems that the louder they talk about coordinating their efforts to stem the flow of fresh disasters, the more poisoned their relations become. www.cpgb-ml.org/index.php?secName=proletarian&subName=display&art=464
Congo: still struggling for independence Genocidal war has raged in the eastern provinces of the Democratic Republic of Congo (DRC) since the 1998 US-backed invasion by the forces of Rwanda, Uganda and Burundi. At the last estimate, the war has claimed a staggering 5.4 million lives. www.cpgb-ml.org/index.php?secName=proletarian&subName=display&art=469
:: BRITAIN ::
Industry matters: chickens home to roost Defending the rights of migrant workers is central to defending the working class as a whole. For unions still to be turning over their members’ subs to Labour, which abroad is conducting genocidal wars and at home is inciting hatred against ‘foreign’ workers, dishonours and debilitates the whole working class. www.cpgb-ml.org/index.php?secName=proletarian&subName=display&art=460
Uphold the banner of October! The CPGB-ML celebrated the 91st anniversary of the October Revolution in Southall on Saturday 8 November with a packed meeting and inspiring speeches, supplemented by many solidarity messages from representatives of socialist countries in Britain. Watch speeches on video or read the highlights. www.cpgb-ml.org/index.php?secName=proletarian&subName=display&art=462
Book: Strange Liberators The world addressed by Gregory Elich in one in which the ‘liberal’ imperialists ‘liberate’ the long-suffering people of the world from the tyrannies of independence, nationalised economy, employment, education, food security and, not infrequently, life itself.. www.cpgb-ml.org/index.php?secName=proletarian&subName=display&art=467
CPGB-ML meets Vietnamese Party delegation Comrade Tran, of the Vietnamese Communist Party’s Central Committee, explained the changes that have been taking place in Vietnam and the challenges still to be overcome. www.cpgb-ml.org/index.php?secName=proletarian&subName=display&art=463
Letter: Fight for communism Across the world, people are resisting the tyranny of capitalism and making a stand for their human rights: the right to a job, a home, education, health care and culture; the right to be heard. www.cpgb-ml.org/index.php?secName=proletarian&subName=display&art=468
First he says that the shoe thrower is evidence of the ingratitude, “violence” and “irrational thinking” in the “Arab world”, before going to on discuss the “danger from the Muslim world” and whether torture is the right way to go about dealing with it. Note also the graphic shown at the beginning and end of the segment of the American flag and a menacing, red-coloured star and crescent.
The international human-rights organization put out a four-stage plan for closing the door on the Era of Guantanamo for good. It’s more about investigating prior abuses than shutting Guantanamo down. Bizarrely, Amnesty doesn’t actually deal with any of the actual suggestions for how to close the facility — move the detainees to Ft. Leavenworth? A different federal prison? The group doesn’t say. What its proposal, emailed to reporters a couple minutes ago, actually concerns is empaneling an investigation into:
… abuses which may have been committed by U.S. officials or agents in connection with the U.S. response to the events of September 11, 2001, or in relation to alleged acts or threats against national security, and which at a minimum will investigate detentions, renditions and the alleged use of torture and other mistreatment of detainees.
The proposal is really a timeline for investigating abuse. Amnesty wants an inquiry wrapped up by July 2010, with an update provided to the public in the January 2010 State of the Union address. Says Amnesty U.S.A. executive director Larry Cox, “Closing Guantanamo, as President-elect Obama has pledged, is just the first step. For real change, the incoming administration and Congress must work together to fully expose the Bush administration policies as a step toward ensuring that the same abuses committed in the name of national security are not repeated.”
There is, of course, the difficult question of prosecutions. Amnesty says the transition team should consider a task force in the Attorney General’s office or a special prosecutor. If not, the investigating commission could give recommendations on how to proceed following its report.
Still, I’d sort of like to know when and how one of the most important human-rights groups on the planet thinks the actual facility ought to be closed, and the absence of that guidance is kind of conspicuous.
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