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by Prof. Francis A. Boyle
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Justice Robert H. Jackson Conference:
Planning for the Prosecution of High Level American War Criminals
Massachusetts Law School
September 13-14, 2008
Andover, Massachusetts
Since the impeachable installation of George W. Bush as President in January of 2001 by the U.S. Supreme Court’s Gang of Five, the peoples of the world have witnessed a government in the United States that has demonstrated little if any respect for fundamental considerations of international law, human rights, and the United States Constitution.
What the world has watched instead is a comprehensive and malicious assault upon the integrity of the international and domestic legal orders by a group of men and women who are thoroughly Machiavellian and Straussian in their perception of international relations and in their conduct of both foreign policy and domestic affairs. Even more seriously, in many instances specific components of the Bush administration’s foreign policies constitute ongoing criminal activity under well-recognized principles of both international law and U.S. domestic law, and in particular the Nuremberg Charter, the Nuremberg Judgment, and the Nuremberg Principles, as well as the Pentagon’s own U.S. Army Field Manual 27-10 on The Law of Land Warfare (1956), all of which apply to President Bush himself as Commander-in-Chief of United States Armed Forces under Article II, Section 2 of the United States Constitution.
Depending upon the substantive issues involved, those international crimes typically include but are not limited to the Nuremberg offenses of crimes against peace: For example, Afghanistan, Iraq, Somalia, and perhaps their longstanding threatened wars of aggression against Iran and now Pakistan. Their criminal responsibility also concerns Nuremberg crimes against humanity and war crimes as well as grave breaches of the Four Geneva Conventions of 1949 and of the 1907 Hague Regulations on land warfare: For example, torture at Guantanamo, Bhagram, Abu Ghraib, and elsewhere; enforced disappearances, assassinations, murders, kidnappings, extraordinary renditions, “shock and awe,” depleted uranium, white phosphorous, cluster bombs, Fallujah, and the Gitmo kangaroo courts.
Furthermore, various members of the Bush administration have committed numerous inchoate crimes incidental to these substantive offences that under the Nuremberg Charter, Judgment, and Principles as well as paragraph 500 of U.S. Army Field Manual 27-10 are international crimes in their own right: planning and preparation—which they are currently doing today against Iran and Pakistan—solicitation, incitement, conspiracy, complicity, attempt, aiding and abetting.
Finally, according to basic principles of international criminal law set forth in paragraph 501 of U.S. Army Field Manual 27-10, all high level civilian officials and military officers in the U.S. government who either knew or should have known that soldiers or civilians under their control (such as the C.I.A. or private contractors), committed or were about to commit international crimes and failed to take the measures necessary to stop them, or to punish them, or both, are likewise personally responsible for the commission of international crimes.
At the very top of America’s criminal chain-of-command are President Bush and Vice-President Cheney; former U.S. Secretary of Defense Rumsfeld; Rumsfeld’s Deputy Paul Wolfowitz; Secretary of State Rice; former Director of National Intelligence Negroponte; National Security Advisor Hadley; his Deputy Elliot Abrams; former U.S. Attorneys General Ashcroft and Gonzales, criminally responsible for the torture campaign launched by the Bush Jr. administration; and the Pentagon’s Joint Chiefs of Staffs along with the appropriate Regional Commanders-in-Chief, especially for U.S. Central Command (CENTCOM).
These U.S. government officials and their immediate subordinates are responsible for the commission of crimes against peace, crimes against humanity, and war crimes as specified by the Nuremberg Charter, Judgment, and Principles as well as by U.S. Army Field Manual 27-10. Today in international legal terms, the Bush Jr. administration itself should now be viewed as constituting an ongoing criminal conspiracy under international criminal law and U.S. domestic law because of its formulation and undertaking of serial wars of aggression, crimes against peace, crimes against humanity, and war crimes in violation of the Nuremberg Charter, Judgment, and Principles that are legally akin to those perpetrated by the former Nazi regime in Germany.
Of course the terrible irony of today’s situation is that six decades ago at Nuremberg the U.S. government participated in the prosecution, punishment and execution of Nazi government officials for committing some of the same types of heinous international crimes that the members of the Bush administration currently inflict upon people all over the world. To be sure, I personally oppose the imposition of capital punishment upon any human being for any reason no matter how monstrous their crimes, whether they be Bush Jr., Tony Blair, or Saddam Hussein.
As a consequence, American citizens possess the basic right under international law and United States domestic law, including the U.S. Constitution, to engage in acts of civil resistance designed to prevent, impede, thwart, or terminate ongoing criminal activities perpetrated by Bush administration officials in their conduct of foreign affairs policies and military operations purported to relate to defense and counter-terrorism. Today’s civil resisters are the sheriffs! The Bush administration officials are the outlaws!
We American citizens must reaffirm our commitment to the Nuremberg Charter, Judgment, and Principles by holding our government officials fully accountable under international law and U.S. domestic law for the commission of such grievous international and domestic crimes. We must not permit any aspect of our foreign affairs and defense policies to be conducted by acknowledged “war criminals” according to the U.S. government’s own official definitions of that term as set forth in the Nuremberg Charter, Judgment, and Principles, U.S. Army Field Manual 27-10, the U.S. War Crimes Act, the Four Geneva Conventions and the Hague Regulations. The American people must insist upon the impeachment, dismissal, resignation, indictment, conviction, and long-term incarceration of all U.S. government officials guilty of such heinous international and domestic crimes. If not so restrained, the Bush administration could very well precipitate a Third World War.
In this regard, during the course of an October 17, 2007 press conference, President Bush Jr. terrorized the entire world with the threat of World War III if he could not work his illegal will upon Iran. It is my opinion that the Bush administration is fully prepared to use tactical nuclear weapons against Muslim and Arab states and peoples in order to break the taboo of Hiroshima and Nagasaki. After the terrible tragedy of September 11, 2001 the United States of America has vilified and demonized Muslims and Arabs almost to the same extent that America inflicted upon the Japanese and Japanese Americans after Pearl Harbor. As the Nazis had previously demonstrated with respect to the Jews, a government must first dehumanize and scapegoat a race of people before its citizens will tolerate if not approve their elimination: witness Hiroshima and Nagasaki. In post -9/11 America we are directly confronted with the prospect of a nuclear war of extermination conducted by our White Racist Judeo-Christian Power Elite against Peoples of Color in the Muslim and Arab worlds in order to steal their oil and gas. The Crusades all over again. But this time nuclear Armageddon stares all of humankind right in the face!
We American lawyers must be inspired by the stunning example set by those heroic Pakistani lawyers who led the successful struggle against the brutal Bush-supported Musharraf military dictatorship in Pakistan. We American lawyers must now lead the fight against the Bush dictatorship and empire! This is our Nuremberg Moment!
Thank you.
Francis A. Boyle is a frequent contributor to Global Research. Global Research Articles by Francis A. Boyle
Peace and Justice Post 
The Anti-Obama Hate-Fest
September 4, 2008Robert Parry | Consortiumnews.com, Sept 4, 2008
Republican Party, which has defined modern-day negative politics, was back at it again, bashing Barack Obama and the news media in an ugly display that rivaled the old days of Nixon-Agnew – or George W. Bush’s last convention where GOP operatives passed out “Purple Heart Band-Aids” to mock John Kerry’s war wounds.
After a slow start because of Hurricane Gustav, the convention in St. Paul, Minnesota, has turned into an anti-Obama hate-fest with a nearly all-white gathering laughing at and mocking the nation’s first African-American presidential nominee of a major party.
However, beyond the pulsating contempt visible on the faces of the GOP delegates, many of the nasty attacks on Obama – as well as the effusive praise for the Republican ticket – were blatantly false, as if testing the depths of American gullibility and bigotry.
In speech after speech, Republicans didn’t so much as tell the Big Lie as they deployed Wholesale Lies.
The Associated Press, which mostly had been recycling the Republican spin about the supposedly “maverick” ticket of John McCain and Sarah Palin, was so struck by the litany of distortions that the AP produced a special fact-checking article describing how Republicans had “stretched the truth.”
For instance, Palin said about Obama, “it’s easy to forget that this is a man who has authored two memoirs but not a single major law or reform – not even in the state senate.”
However, as the AP noted, Obama “worked with Republicans to pass legislation that expanded efforts to intercept illegal shipments of weapons of mass destruction and to help destroy conventional weapons stockpiles. The legislation became law last year.”
Plus, the AP reported, “In Illinois, he was the leader on two big, contentious measures in Illinois: studying racial profiling by police and requiring recordings of interrogations in potential death penalty cases. He also successfully co-sponsored major ethics reform legislation.”
The AP’s fact-checking article noted, too, that former Arkansas Gov. Mike Huckabee’s slap at Democratic vice presidential nominee Joe Biden – that Palin “got more votes running for mayor of Wasilla, Alaska, than Joe Biden got running for president of the United States” – was a “whopper.”
The AP wrote that “Palin got 616 votes in the 1996 mayor’s election, and got 909 in her 1999 re-election race, for a total of 1,525. Biden dropped out of the race after the Iowa caucuses, but he still got 76,165 votes in 23 states and the District of Columbia where he was on the ballot during the 2008 presidential primaries.”
Parallel Reality
The Republican National Convention also acted as if the Republicans had not controlled the White House for the past eight years and the Congress for most of that time.
“We need change, all right,” declared former Massachusetts Gov. Mitt Romney, “change from a liberal Washington to a conservative Washington! We have a prescription for every American who wants change in Washington – throw out the big-government liberals, and elect John McCain and Sarah Palin.”
Beyond this parallel universe of who runs Washington, there was fanciful puffery about the GOP “reformer” ticket – dubbed “maverick squared” – that doesn’t square with reality at all.
For instance, the AP cited Palin’s claim that “I have protected the taxpayers by vetoing wasteful spending … and championed reform to end the abuses of earmark spending by Congress. I told the Congress ‘thanks but no thanks’ for that Bridge to Nowhere.”
The reality, of course, was much different.
As the AP noted. Palin, as mayor of the tiny town of Wasilla, hired a lobbyist and made annual treks to Washington seeking earmarked spending that totaled $27 million, and then as Alaska’s governor for less than two years, she sought nearly $750 million in special federal spending, “by far the largest per-capita request in the nation.”
And as for that $398 million bridge from Ketchikan to an island with 50 residents, the truth is that Palin enthusiastically supported the project before she reluctantly opposed it, rejecting the “Bridge to Nowhere” only after it had become politically indefensible.
The Los Angeles Times discovered that Sen. McCain had specifically cited several of Palin’s earmarks on his annual list of wasteful pork-barrel spending.
In 2001, for instance, McCain’s list included a $500,000 earmark for a public transportation project in Wasilla, and in 2002, he criticized $1 million targeted for an emergency communications center that Palin sought but local law enforcement said was redundant and a source of confusion.
Remaking Palin
Now, however, Palin has been transformed into a maverick reformer. McCain’s campaign even cites her experience as an abuser of the earmark process as part of the reason she supposedly understands why it must be scrapped.
McCain spokesman Taylor Griffin said Palin’s successes in getting earmarked funds “was one of the formative experiences that led her toward the reform-oriented stance that she has taken as her career has progressed.”
Nevertheless, Palin wrote in a newspaper column just this year that “the federal budget, in its various manifestations, is incredibly important to us, and congressional earmarks are one aspect of this relationship.” [For more details, see Los Angeles Times, Sept. 3, 2008]
Beyond the GOP’s reality-challenged speeches, there was the startling image of a nearly all-white convention – where only 36 of the 2,380 delegates were black, the smallest number in at least 40 years – rollicking in ridicule and bristling with animosity toward Obama, an African-American.
With their loud chants of “drill, baby, drill” regarding energy policy and boisterous shouts of “USA, USA” about “victory” in Iraq, there was a sense that St. Paul was hosting a convention of American Falangists, rather than that of a modern national party.
The whiff of authoritarianism extended to outside where demonstrators and journalists were swept off the streets in indiscriminate arrests.
What’s less clear about the GOP convention is whether the Republicans are on to something, that perhaps the United States has crossed over into a post-rational society that cares little about facts and reality or serious policy ideas and respectful debate, but rather is a nation moved by anger and ridicule, fear and nationalism.
Robert Parry broke many of the Iran-Contra stories in the 1980s for the Associated Press and Newsweek. His latest book, Neck Deep: The Disastrous Presidency of George W. Bush, was written with two of his sons, Sam and Nat, and can be ordered at neckdeepbook.com. His two previous books, Secrecy & Privilege: The Rise of the Bush Dynasty from Watergate to Iraq and Lost History: Contras, Cocaine, the Press & ‘Project Truth’ are also available there. Or go to Amazon.com.
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