Law and Resistance: The Republic in Crisis and the People’s Response by Prof. Francis A. Boyle

[Joanne98]

Transcript of Professor Boyle’s lecture, Northwestern University Law School, November 20, 2007.The event was sponsored by the National Lawyers Guild, Northwestern University Student Law School Chapter and Chicago Chapter of the NLG.

Since the impeachable installation of George Bush Jr. as President by the U.S. Supreme Court’s Gang of Five, the people 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, or the United States Constitution. Instead, the world has watched 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 affairs and American domestic policy. Even more seriously, in many instances specific components of the Bush Jr. administration’s foreign policy constitute ongoing criminal activity under well recognized principles of both international law and United States 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, which applies to President Bush Jr. himself as Commander-in-Chief of United States Armed Forces under Article II, Section 2 of the United States Constitution.

Depending on the substantive issues involved, these international and domestic crimes typically include but are not limited to the Nuremberg offences of “crimes against peace”– so far Afghanistan, Iraq, Somalia, and perhaps their longstanding threatened war of aggression against Iran. Their criminal responsibility also concerns “crimes against humanity” and war crimes as well as grave breaches of the Four Geneva Conventions of 1949 and the 1907 Hague Regulations on land warfare: 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, etc. Furthermore, various members of the Bush Jr. administration have committed numerous inchoate crimes incidental to these substantive offences that under the Nuremberg Charter, Judgment, and Principles as well as U.S. Army Field Manual 27-10 (1956) are international crimes in their own right: planning, and preparation—which they are currently doing today against Iran—solicitation, incitement, conspiracy, complicity, attempt, aiding and abetting. 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 Neo-Conservative Straussian members of the Bush Jr. 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.

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 mercenary 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. Continued>>>>
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