http://journals.democraticunderground.com/Solly%20Mack/63 Here you go..it's one I'm still working on
Edited on Tue Aug-22-06 06:22 PM by Solly Mack
but the fact is, whether anyone likes it or not, the Nuremberg Principles ,or the London Charter of the International Military Tribunal,are the basis for charging Bush with war crimes now - just as they were the basis for charging Nazi Germany then.
An understanding of how the rules and laws for the Nuremberg Tribunals came about explains why. The Nuremberg Principles were not meant to only address what happened in Nazi Germany. The UN Charter adopted the international laws regarding war and the treatment of people coming out of the Nuremberg Principles,also called the London Charter of the International Military Tribunal.
America invaded a country for lies manufactured, supported and perpetuated by Bush. American then detained, tortured and murdered that country's citizens. Downplaying what is happening in Iraq won't change the facts.
Understanding that the Nuremberg Principles are the basis for much of current international law lets us know that yes, the exact same laws used against Nazi Germany can be used against the Bush Administration - and for many of the same crimes.
I - “Pre-Emption”, “Wars of Aggression” and “Crimes Against Peace”
Pre-Emption:
• The Pentagon’s official definition of preemption is “an attack initiated on the basis of incontrovertible evidence that an enemy attack is imminent.”
http://www.carlisle.army.mil/USAWC/Parameters/03spring/... Wars of Aggression: Up for adoption by amendment. See: “Crimes Against Pace” below.
• Invasion or attack by the armed forces of a State of the territory of another State, or military occupation, or annexation of territory by the use of force
• Bombardment by armed forces of a State against the territory of another State
the blockade of ports or coasts of a State
• The use of armed forces of a State which are within the territory of another State in violation of the terms of an agreement between those States
• A State allowing its territory to be used by another State for an act of aggression against a third State
• A State sending armed bands, groups, irregulars or mercenaries to carry out grave acts of armed force against another State.
What defines a war of aggression, adopted from the Nuremberg Principles and “Crimes Against Peace”, as well as used in the UN Charter, is up for adoption by the ICC in Rome in 2009.
Wars of Aggression
Crimes Against Peace:
• In international law, a crime against peace is the act of military invasion as a war crime. When one nation invades another nation in violation of “international treaties, agreements or legally binding assurances.”
“Crimes Against Peace” were introduced in the Nuremberg Principles and later adopted in the UN Charter. Wars of Aggression are better defined and understood through “Crimes Against Peace” and how it was applied to Nazi Germany during the Nuremberg Trials. In other words, the charge of “Crimes Against Peace” referred to what are now commonly called “Wars of Aggression”, and was a criminal charge applied to Nazi Germany.
The London Charter of the International Military Tribunal was the guiding principles and rules by which the Nuremberg Tribunal was carried out. It’s where “Crimes Against Peace” (wars of aggression) was established as a crime. The London Charter is also called the Nuremberg Charter
Nuremberg Principles, Article 6
The Tribunal established by the Agreement referred to Article 1 hereof for the trial and punishment of the major war criminals of the European Axis countries shall have the power to try and punish persons who, acting in the interests of the European Axis countries, whether as individuals or as members of organizations, committed any of the following crimes.
The following acts, or any of them, are crimes coming within the jurisdiction of the Tribunal for which there shall be individual responsibility:
(a) CRIMES AGAINST PEACE: namely, planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing;
(b) WAR CRIMES: namely, violations of the laws or customs of war. Such violations shall include, but not be limited to, murder, ill-treatment or deportation to slave labor or for any other purpose of civilian population of or in occupied territory, murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns or villages, or devastation not justified by military necessity;
(c)CRIMES AGAINST HUMANITY: namely, murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war; or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated.
War Crimes and Crimes Against Humanity as per the Nuremberg Tribunal Judgment
Article 6 of the Charter of the International Military Tribunal provides:
"(b) War Crimes: namely, violations of the laws or customs of war.
Such violations shall include, but not be limited to, murder, ill-treatment or deportation to slave labour or for any other purpose of civilian population of or in occupied territory, murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns or villages. or devastation not justified by military necessity;
" (c) Crimes against Humanity: namely, murder, extermination, enslavement, deportation(rendition), and other inhumane acts committed against any civilian population, before or during the war, or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated."
Iraq on the Record: The Bush Administration’s Public Statements on Iraq
http://democrats.reform.house.gov/IraqOnTheRecord/pdf_a... The Bush Administration on Iraq
http://www.bushoniraq.com /
III - Torture, Illegal Detentions, Cruel and Humiliating Treatment of Detainees and Extraordinary Rendition by the US Government
Iraq Prisoners
http://archive.democrats.com/preview.cfm?term=Iraq%20Pr... U.S. Torture and Abuse of Detainees
http://hrw.org/campaigns/torture.htm US acknowledges torture at Guantanamo: in Iraq, Afghanistan - UN
http://www.forbes.com/work/feeds/afx/2005/06/24/afx2110... Recent Human Rights Watch Work on the Torture and Abuse of U.S. Detainees
http://www.hrw.org/doc/?t=usai_torture Torture Documents Released Under FOIA. ACLU
http://www.aclu.org/safefree/torture/torturefoia.html The Abu Ghraib files
http://www.salon.com/news/abu_ghraib/2006/03/14/introdu... The Taguba Report
http://www.publicintegrity.org/docs/AbuGhraib/Taguba_Re... Testimony of Detainees Before the Combatant Status Review Tribunal
http://www.dod.mil/pubs/foi/detainees/csrt/index.html Bush Crimes Commission
http://www.bushcommission.org /
Beyond Abu Ghraib: detention and torture in Iraq
http://web.amnesty.org/library/index/engmde140012006 Extraordinary Rendition - FACT SHEET
http://www.aclu.org/safefree/extraordinaryrendition/222... Outsourcing Torture
http://www.newyorker.com/fact/content/?050214fa_fact6 UN Torture Prevention Plan Adopted Despite US Opposition
http://www.commondreams.org/headlines02/0725-01.htm ABU GHRAIB
http://jurist.law.pitt.edu/currentawareness/abughraib.p... White House treading on other branches
http://www.kansascity.com/mld/kansascity/news/columnist... “…Sen. John McCain’s anti-torture amendment introduced (a bill) to have the Army Field Manual upheld and prevent “cruel, inhumane or degrading treatment or punishment” of anyone in U.S. custody?
Bush signed it, then dissented in a signing statement.
Gonzales approached Congress last week to nullify the War Crimes Act approved about decade ago which upheld the Geneva Conventions and criminalizes torture. The Bushvolk asked Congress for a shield to further violate human rights and tarnish the military.”
Torture and ill-treatment: the arguments
http://web.amnesty.org/pages/stoptorture-arguments-eng Letter 'shows Guantanamo torture'
http://news.bbc.co.uk/1/hi/uk/3706050.stm IV – International Law: Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment
Convention Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment
http://www.hrweb.org/legal/cat.html http://www.unhchr.ch/html/menu3/b/h_cat39.htm Convention Against Torture: CAT
http://www.hrweb.org/legal/undocs.html#CAT Convention against Torture
This convention bans torture under all circumstances and establishes the UN Committee against Torture. In particular, it defines torture, requires states to take effective legal and other measures to prevent torture, declares that no state of emergency, other external threats, nor orders from a superior officer or authority may be invoked to justify torture. It forbids countries to return a refugee to his country if there is reason to believe he/she will be tortured, and requires host countries to consider the human rights record of the person's native country in making this decision.
The CAT requires states to make torture illegal and provide appropriate punishment for those who commit torture. It requires states to assert jurisdiction when torture is committed within their jurisdiction, either investigate and prosecute themselves, or upon proper request extradite suspects to face trial before another competent court. It also requires states to cooperate with any civil proceedings against accused torturers.
Each state is obliged to provide training to law enforcement and military on torture prevention, keep its interrogation methods under review, and promptly investigate any allegations that its officials have committed torture in the course of their official duties. It must ensure that individuals who allege that someone has committed torture against them are permitted to make and official complaint and have it investigated, and, if the complaint is proven, receive compensation, including full medical treatment and payments to survivors if the victim dies as a result of torture.. It forbids states to admit into evidence during a trial any confession or statement made during or as a result of torture. It also forbids activities which do not rise to the level of torture, but which constitute cruel or degrading treatment.
The second part of the Convention establishes the Committee Against Torture, and sets out the rules on its membership and activities.
The Convention was passed and opened for ratification in February, 1985. At that time twenty nations signed, and five more signed within the month. At present sixty five nations have ratified the Convention against torture and sixteen more have signed but not yet ratified it.
Summary of International and U.S. Law Prohibiting Torture and Other Ill-treatment of Persons in Custody
http://www.hrw.org/english/docs/2004/05/24/usint8614.ht... War Crimes Act of 1996 – Federal US Law
http://www.law.cornell.edu/uscode/html/uscode18/usc_sec... 18 U.S.C. § 2441. War crimes
(a) Offense.--Whoever, whether inside or outside the United States, commits a war crime, in any of the circumstances described in subsection (b), shall 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.
(b) Circumstances.--The circumstances referred to in subsection (a) are that the person committing such breach or the victim of such war crime is a member of the Armed Forces of the United States or a national of the United States (as defined in section 101 of the Immigration and Nationality Act).
(c) Definition.--As used in this section the term ‘war crime’ means any conduct--
(1) defined 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;
(2) prohibited by Article 23, 25, 27, or 28 of the Annex to the Hague Convention IV, Respecting the Laws and Customs of War on Land, signed 18 October 1907;
(3) which constitutes a violation of common Article 3 of the international conventions signed at Geneva, 12 August 1949, or any protocol to such convention to which the United States is a party and which deals with non- international armed conflict; or
(4) of a person who, in relation to an armed conflict and contrary to the provisions of the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices as amended at Geneva on 3 May 1996 (Protocol II as amended on 3 May 1996), when the United States is a party to such Protocol, willfully kills or causes serious injury to civilians.
V - Additonal Reading
INTERPRETATION OF THE DEFINITION OF
TORTURE OR CRUEL, INHUMAN OR DEGRADING
TREATMENT OR PUNISHMENT IN THE LIGHT OF
EUROPEAN AND INTERNATIONAL CASE LAW
http://www.omct.org/pdf/omct_europe/2004/omctreport_def...
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