Why We Must Prosecute Bush And His Administration For War Crimes
by Mike Ferner via quill 2008-12-16 07:19:23

[It’s not about them…it’s about us.]

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 which 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.”

A small sampling of the contagion of Hell let loose by Bush includes illegally invading a sovereign state, using banned weapons such as white phosphorous and napalm, bombing hospitals and civilian infrastructure, withholding aid and medical supplies, terrorizing and knowingly killing civilians, torturing prisoners, killing a million people and displacing four million more in Iraq alone.

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.

Author retains copyright.

http://www.informationclearinghouse.info/article21473.htm

Israel’s Crime Against Humanity
by Chris Hedges via rialator 2008-12-16 07:42:23

Israel’s siege of Gaza, largely unseen by the outside world because of Jerusalem’s refusal to allow humanitarian aid workers, reporters and photographers access to Gaza, rivals the most egregious crimes carried out at the height of apartheid by the South African regime. It comes close to the horrors visited on Sarajevo by the Bosnian Serbs. It has disturbing echoes of the Nazi ghettos of Lodz and Warsaw.

“This is a stain on what is left of Israeli morality,” I was told by Richard N. Veits, the former U.S. ambassador to Jordan who led a delegation from the Council on Foreign Relations to Gaza to meet Hamas leaders this past summer. “I am almost breathless discussing this subject. It is so myopic. Washington, of course, is a handmaiden to all this. The Israeli manipulation of a population in this manner is comparable to some of the crimes that took place against civilian populations fifty years ago.”

The U.N. special rapporteur for human rights in the occupied Palestinian territory, former Princeton University law professor Richard Falk, calls what Israel is doing to the 1.5 million Palestinians in Gaza “a crime against humanity.” Falk, who is Jewish, has condemned the collective punishment of the Palestinians in Gaza as “a flagrant and massive violation of international humanitarian law as laid down in Article 33 of the Fourth Geneva Convention.” He has asked for “the International Criminal Court to investigate the situation, and determine whether the Israeli civilian leaders and military commanders responsible for the Gaza siege should be indicted and prosecuted for violations of international criminal law.”

Falk, while condemning the rocket attacks by the militant group Hamas, which he points out are also criminal violations of international law, goes on to say that “such Palestinian behavior does not legalize Israel’s imposition of a collective punishment of a life- and health-threatening character on the people of Gaza, and should not distract the U.N. or international society from discharging their fundamental moral and legal duty to render protection to the Palestinian people.”

“It is an unfolding humanitarian catastrophe that each day poses the entire 1.5 million Gazans to an unspeakable ordeal, to a struggle to survive in terms of their health,” Falk said when I reached him by phone in California shortly before he left for Israel. “This is an increasingly precarious condition. A recent study reports that 46 percent of all Gazan children suffer from acute anemia. There are reports that the sonic booms associated with Israeli overflights have caused widespread deafness, especially among children. Gazan children need thousands of hearing aids. Malnutrition is extremely high in a number of different dimensions and affects 75 percent of Gazans. There are widespread mental disorders, especially among young people without the will to live. Over 50 percent of Gazan children under the age of 12 have been found to have no will to live.”

Gaza now spends 12 hours a day without power, which can be a death sentence to the severely ill in hospitals. There are few drugs and little medicine, including no cancer or cystic fibrosis medication. Hospitals have generators but often lack fuel. Medical equipment, including one of Gaza’s three CT scanners, has been destroyed by power surges and fluctuations. Medical staff cannot control the temperature of incubators for newborns. And Israel has revoked most exit visas, meaning some of those who need specialized care, including cancer patients and those in need of kidney dialysis, have died. Of the 230 Gazans estimated to have died last year because they were denied proper medical care, several spent their final hours at Israeli crossing points where they were refused entry into Israel. The statistics gathered on children—half of Gaza’s population is under the age of 17—are increasingly grim. About 45 percent of children in Gaza have iron deficiency from a lack of fruit and vegetables, and 18 percent have stunted growth.

“It is macabre,” Falk said. “I don’t know of anything that exactly fits this situation. People have been referring to the Warsaw ghetto as the nearest analog in modern times.”

“There is no structure of an occupation that endured for decades and involved this kind of oppressive circumstances,” the rapporteur added. “The magnitude, the deliberateness, the violations of international humanitarian law, the impact on the health, lives and survival and the overall conditions warrant the characterization of a crime against humanity. This occupation is the direct intention by the Israeli military and civilian authorities. They are responsible and should be held accountable.”

The point of this Israeli siege, ostensibly, is to break Hamas, the radical Islamic group that was elected to power in 2007. But Hamas has repeatedly proposed long-term truces with Israel and offered to negotiate a permanent truce. During the last cease-fire, established through Egyptian intermediaries in July, Hamas upheld the truce although Israel refused to ease the blockade. It was Israel that, on Nov. 4, initiated an armed attack that violated the truce and killed six Palestinians. It was only then that Hamas resumed firing rockets at Israel. Palestinians have launched more than 200 rockets on Israel since the latest round of violence began. There have been no Israeli casualties.

“This is a crime of survival,” Falk said of the rocket attacks. “Israel has put the Gazans in a set of circumstances where they either have to accept whatever is imposed on them or resist in any way available to them. That is a horrible dilemma to impose upon a people. This does not alleviate the Palestinians, and Gazans in particular, for accountability for doing these acts involving rocket fire, but it also imposes some responsibility on Israel for creating these circumstances.”

Israel seeks to break the will of the Palestinians to resist. The Israeli government has demonstrated little interest in diplomacy or a peaceful solution. The rapid expansion of Jewish settlements on the West Bank is an effort to thwart the possibility of a two-state solution by gobbling up vast tracts of Palestinian real estate. Israel also appears to want to thrust the impoverished Gaza Strip onto Egypt. There are now dozens of tunnels, the principal means for food and goods, connecting Gaza to Egypt. Israel permits the tunnels to operate, most likely as part of an effort to further cut Gaza off from Israel.

“Israel, all along, has not been prepared to enter into diplomatic process that gives the Palestinians a viable state,” Falk said. “They [the Israelis] feel time is on their side. They feel they can create enough facts on the ground so people will come to the conclusion a viable state cannot emerge.”

The use of terror and hunger to break a hostile population is one of the oldest forms of warfare. I watched the Bosnian Serbs employ the same tactic in Sarajevo. Those who orchestrate such sieges do not grasp the terrible rage born of long humiliation, indiscriminate violence and abuse. A father or a mother whose child dies because of a lack of vaccines or proper medical care does not forget. A boy whose ill grandmother dies while detained at an Israel checkpoint does not forget. All who endure humiliation, abuse and the murder of family members do not forget. This rage becomes a virus within those who, eventually, stumble out into the daylight. Is it any wonder that 71 percent of children interviewed at a school in Gaza recently said they wanted to be a “martyr”?

The Israelis in Gaza, like the American forces in Iraq and Afghanistan, are foolishly breeding the next generation of militants and Islamic radicals. Jihadists, enraged by the injustices done by Israel and the United States, seek to carry out reciprocal acts of savagery, even at the cost of their own lives. The violence unleashed on Palestinian children will, one day, be the violence unleashed on Israeli children. This is the tragedy of Gaza. This is the tragedy of Israel.

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http://www.truthdig.com/report/item/20081215_israels_crime_against_humanity/