Nuremberg set a valid precedent for trials of war-crime suspects in Iraq's destruction (Japan Times)

[struggle4progress]

By CESAR CHELALA

NEW YORK — The Nuremberg Principles, a set of guidelines established after World War II to try Nazi Party members, were developed to determine what constitutes a war crime. The principles can also be applied today when considering the conditions that led to the Iraq war and, in the process, to the deaths of hundreds of thousands of people, many of them children, and to the devastation of a country's infrastructure.

In January 2003, a group of American law professors warned President George W. Bush that he and senior officials of his government could be prosecuted for war crimes if their military tactics violated international humanitarian law. The group, led by the New York-based Center for Constitutional Rights, sent similar warnings to British Prime Minister Tony Blair and to Canadian Prime Minister Jean Chretien.

Although Washington is not part of the International Criminal Court (ICC), U.S. officials could be prosecuted in other countries under the Geneva Convention, says Michael Ratner, president of the Center for Constitutional Rights. Ratner likened the situation to the attempt by Spanish magistrate Baltazar Garzon to prosecute former Chilean military dictator Augusto Pinochet when Pinochet was under house arrest in London.

Both former President George W. Bush and senior officials in his government could be tried for their responsibility for torture and other war crimes under the Geneva Conventions ...

http://search.japantimes.co.jp/cgi-bin/eo20090526cc.html

[dipsydoodle]

1. K & R

Well found.:thumbsup:

[Butch350]

2. I've got to have that pound of flesh!

[struggle4progress]

3. Is it your view that all enforcement of law is simply a nasty demand for a "pound of flesh"

or do you take that view only when the lawbreakers are extremely powerful people have tortured innocents in order to produce phony confessions to start unnecessary wars for political advantage and as a result have caused hundreds of thousands of premature deaths?

Is it your point of view that only petty criminals should be brought to justice and that great criminals deserve to go free?

[tavalon]

5. It isn't about revenge

It is about the Rule Of Law. As well, we've seen, in abundance, over the last half century how ignoring Republican crimes just emboldens them to do even worse the next chance they get. They only seem to be deterred by consequence and being tried and likely convicted of war crimes is the correct consequence for committing war crimes.

Simple, really.

[eShirl]

6. So a war crime is OK when Americans do it?

[Hissyspit]

15. Yeah, well...

War crimes tend to irk people who believe in justice and have a conscience. And double standards add to that.

[democrank]

4. K & R

Prosecute!

[southernyankeebelle]

7. WOW, I WONDERED WHY THEY HAVEN'T DONE

WAR CRIME TRAILS LIKE THAT. MY FATHER-IN-LAW WAS A GUARD AT THE TRAILS. IT WAS INTERESTING HEARING HIM TALK ABOUT THE TRAILS.

[BlueMTexpat]

8. Why are we reading this in the Japan Times instead of in

every newspaper in the US?

Compounding the shame ... :-(

[Lydia Leftcoast]

9. Because we're Americans, and if we do it,

it must be all right. :sarcasm:

[bvar22]

10. NO! ...We MUST look forward.

If we prosecute War Criminals, it will hurt our reputation abroad and incite foreigners.
Someone better censor this article before it goes overseas and hurts our "reputation"...
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OH...Japan Times.
My Bad.
They already know.

[Senator]

11. K&R

[ejbr]

12. Now THIS is "looking forward and not back".. n/t

[Wednesdays]

13. K&R

:kick:

On edit: I have many Japanese friends, and after knowing them and watching/reading Japanese media for a while, I've learned that generally they don't usually issue strong statements about international affairs....it's the "politeness" that has long been part of their culture.

This coming out of a Japanese newspaper speaks volumes.

[MasonJar]

14. It amazes me that Obama will not investigate/prosecute these criminals. In my

opinion, his agenda is irrelevant and not even very progressive. I hope the Hague can do better...and it should if he will not.

[tblue37]

16. This part is very to the point:

Perhaps one of the most serious breaches of international law by the Bush administration was the doctrine of "preventive war." In the case of the Iraq war, it was carried out without authorization from the U.N. Security Council in violation of the U.N. Charter, which forbids armed aggression and violations of any state's sovereignty except for immediate self-defense.

As stated in the U.S. Constitution, international treaties agreed to by the United States are part of the "supreme law of the land." "Launching a war of aggression is a crime that no political or economic situation can justify," said Justice Jackson, the chief U.S. prosecutor for the Nuremberg Tribunal.

Benjamin Ferencz, also a former chief prosecutor for the Nuremberg Trials, declared that "a prima facie case can be made that the United States is guilty of the supreme crime against humanity — that being an illegal war of aggression against a sovereign nation."

The conduct and the consequences of the Iraq war are subsumed under "Crimes against Peace and War" of Nuremberg Principle VI, which defines as crimes against peace "(i) Planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances; (ii) Participation in a common plan or conspiracy for the accomplishment of any of the acts mentioned under (i)." In the section on war crimes, Nuremberg Principle VI includes "murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property."

[Doctor_J]

17. I was debating a Christofascist last weekend, and brought up Pinochet

He said "If we start letting the World Court prosecute people here, all hell would break loose". Au contraire, said I. The Chileans were able to gain some satisfaction when their own judicial system failed. Pinochet was also a torturer, murderer, and war criminal, but didn't have the nerve to go on TV and confess to his crimes every night.

I personally would like to see Cheney prosecuted here. That way we might be able to find out about Anthrax, Katrina, Valerie Plame, the Energy TTaks Force, Enron, Jeff Gannon, and domestic wire taps. But having him sent to a gulag for the rest of his miserable life is better than nothing.