Newspaper logo  
 
 
  A War Crime in Real Time: Obliterating Fallujah

COMMENTARY:

A War Crime in Real Time: Obliterating Fallujah

by Francis A. Boyle, International Law Professor, University of Illinois

The Bush Jr. administration's foreign policy constitutes ongoing criminal activity under well-recognized principles of both international law and US domestic law, in particular the Nuremberg Charter, the Nuremberg Judgment, and the Nuremberg Principles.
The obliteration of Fallujah continues apace. Article 6(b) of the 1945 Nuremberg Charter defines a Nuremberg War Crime in relevant part as the "...wanton destruction of cities, towns or villages..." According to this definitive definition, the Bush Jr. administration's destruction of Fallujah constitutes the sort of war crime for which Nazis were tried and executed. There is nothing surprising about that.

Since the Bush Jr. administration's installation in power by the United States Supreme Court in January of 2001, the peoples of the world have witnessed a government in the United States of America that has demonstrated little if any respect for fundamental considerations of international law, international organizations, and human rights, let alone appreciation of the requirements for maintaining international peace and security. What the world has watched instead is a comprehensive and malicious assault upon the integrity of the international legal order by a group of men and women who are thoroughly Machiavellian in their perception of international relations and in their conduct of both foreign policy and domestic affairs.

This is not simply a question of giving or withholding the benefit of the doubt when it comes to complicated matters of foreign affairs and defense policies to a US government charged with the security of both its own citizens and those of its allies in Europe, the Western Hemisphere, and the Pacific. Rather, the Bush Jr. administration's foreign policy constitutes ongoing criminal activity under well-recognized principles of both international law and US domestic law, in particular the Nuremberg Charter, the Nuremberg Judgment, and the Nuremberg Principles. So their obliteration of Fallujah was to be expected.

If it is not restrained by all nonviolent means possible, the Bush Jr. administration could very well precipitate a Third World War.

One generation ago the peoples of the world asked themselves: Where were the "good" Germans? Well, there were some good Germans. The Lutheran theologian and pastor Dietrich Bonhoeffer was the foremost exemplar of someone who led a life of principled opposition to the Nazi-terror state even unto death.

Today the peoples of the world are likewise asking themselves: Where are the "good" Americans? Well, there are some good Americans. Like three Catholic nuns in Denver, they are getting arrested and going to jail for protesting against United States weapons of mass destruction (WMD) whose power for human extermination far exceeds even the wildest fantasies of Hitler and the Nazis. Or else for protesting against illegal US military interventions around the world. Just recently the Nuclear Resister estimated that since the Fall of 2002, there have been more than 9,500 anti-war related arrests in the United States alone. Many more will be coming.

In international legal terms, the Bush Jr. administration itself should now be viewed as constituting an ongoing criminal conspiracy under international criminal law in violation of the Nuremberg Charter, the Nuremberg Judgment, and the Nuremberg Principles, due to its formulation and undertaking of aggressive war policies that are legally akin to those perpetrated by the Nazi regime. As a consequence, American citizens possess the basic right under international law and the United States domestic law, including the US Constitution, to engage in acts of non-violent civil resistance in order to prevent, impede, thwart, or terminate ongoing criminal activities perpetrated by US government officials in their conduct of foreign affairs policies and military operations purported to relate to defense and counter-terrorism.

It is time once again to exercise People Power here in the United States of America: "When in the Course of human Events...We hold these Truths to be self-evident....we mutually pledge to each other our Lives, our Fortunes, and sacred Honor."

This same right of civil resistance extends pari passu to all citizens of the world community of states. Everyone around the world has both the right and the duty under international law to resist ongoing criminal activities perpetrated by the Bush Jr. administration and its nefarious foreign accomplices such as Blair, Berlusconi, Howard, Koizumi, Kwasniewski, etc. by all non-violent means possible. If it is not so restrained, the Bush Jr. administration could very well precipitate a Third World War.

The time for preventive action is now. Civil resistance is the way to go. People power can overcome power politics. Popular movements have succeeded in toppling tyrannical, dictatorial and authoritarian regimes throughout former Communist countries in Eastern Europe, as well as in Asia, and most recently in Latin America. It is time once again to exercise People Power here in the United States of America: "When in the Course of human Events...We hold these Truths to be self-evident....we mutually pledge to each other our Lives, our Fortunes, and sacred Honor."

Despite the best efforts by the Bush Jr. Leaguers to the contrary, we American Citizens still have our First Amendment Rights: Freedom of Speech, Freedom of Association, Freedom of Assembly, Freedom to Petition our Government for the Redress of these massive Grievances, Civil Resistance, etc. We are going to have to start vigorously exercising all of our First Amendment Rights right now. We must use them or else, as the saying goes, we will lose them. We must act not only for the good of the Peoples of Southwest Asia, but for our future, that of our children, that of our nation as a democratic society committed to the Rule of Law and the U. Constitution. The Nazis had their "homeland" too.


Francis A. Boyle, Professor of Law, University of Illinois, is author of Foundations of World Order, Duke University Press, The Criminality of Nuclear Deterrence, and Palestine, Palestinians and International Law, by Clarity Press. He can be reached at: FBOYLE@LAW.UIUC.EDU.



Copyright © 2004 The Baltimore Chronicle. All rights reserved.

Republication or redistribution of Baltimore Chronicle content is expressly prohibited without their prior written consent.

This story was published on November 18, 2004.

 
Local News & Opinion

Ref. : Civic Events

Ref. : Arts & Education Events

Ref. : Public Service Notices

Travel
Books, Films, Arts & Education
Letters
Open Letters:

Ref. : Letters to the editor

Health Care & Environment

07.29 The Health Benefits of Trees

07.29 Delaying climate action will carry heavy economic cost, White House warns

07.29 Obama leasing millions of Gulf acres for offshore oil & gas drilling

07.28 Companies proclaim water the next oil in a rush to turn resources into profit

07.28 Why Warren Buffett Loves Renewable Energy

07.28 Report shows 1 in 3 Texans chooses renewable energy options

07.28 Half of Britain to be opened up to fracking

07.28 Wishful Thinking About Natural Gas: Why Fossil Fuels Can’t Solve the Problems Created by Fossil Fuels

07.27 JOHN FRANCO: A DIGESTABLE WAY TO SINGLE-PAYER

07.25 Antarctica’s Point of No Return

07.24 Top Doctor Working To Contain Current Ebola Outbreak Is Now Infected With Ebola

07.24 Under Water: The EPA’s Struggle to Combat Pollution

07.24 Why Do Other Rich Nations Spend So Much Less on Healthcare?

News Media

Daily FAIR Blog
The Daily Howler

Justice Matters

07.24 The Leader of the Unfree World [Scary charts]

US Politics, Policy & Culture

07.29 Hillary Clinton vs. Elizabeth Warren: Big Differences, Despite Claims To The Contrary

07.29 The State's Unwitting Attack on Parenting While Poor

07.28 My party has lost its soul: Bill Clinton, Barack Obama and the victory of Wall Street Democrats

07.27 Repeal Prohibition, Again

07.26 Krugman Divulges Real Reason Conservatives Freak Out About California Success Story

07.26 What is Paul Ryan's plan to expand the EITC?

07.25 Black Homeowners Are Worse Off Today Than They Were 40 Years Ago

High Crimes?

07.29 To Summarize the Israeli/Gaza War

07.28 As the Gaza crisis deepens, boycotts can raise the price of Israel’s impunity

07.27 Palestinian Resistance: an icon for those who long to live free

07.27 Wyden Ponders Release of CIA Torture Report Without White House Consent

Economics, Crony Capitalism

07.29 The black hole of US government contracting

07.27 PRIVATE EQUITY’S FREE PASS

07.27 The Typical Household, Now Worth a Third Less

07.27 Federal regulators let utilities gouge customers

07.26 You Can’t Taper a Ponzi Scheme: Time to Reboot

International

07.29 Israel Creates ‘No Man’s Land’ in Gaza, Shrinking Strip by 40 Percent

07.29 Huge blaze out of control in Tripoli battle as Libya slides into chaos

07.29 Weapons paid for by US are Missing in Afghanistan: Did they go to the Taliban?

07.29 Unlike Iraq, Iran, Libya, N. Korea, Israel has Impunity from Defying UNSC (Gaza Ceasefire)

07.29 The Wake-Up Call: Europe Toughens Stance against Putin

07.29 Gaza pounded by Israel after Netanyahu promises prolonged battle

07.29 When I served, the Israeli military was the most moral in the world. No more

07.28 Why Is Israel Losing a War It's Winning?

07.28 Stopping Putin: The Time Has Come for Europe to Act

07.27 North Korea Is Not Pleased: Dance Video Features Kim Jong Un [3:29 video]

07.27 Gaza death toll over 1,000 - Israeli toll up to 42 [videos, photos]

07.26 Gangs, guns and Judas Priest: the secret history of a US-inflicted border crisis

07.26 Central American leaders meet Barack Obama to criticise US border policy

07.26 Iraq: Isis warns women to wear full veil or face punishment

07.25 America Is the Only Country with a Favorable View of Israel [graphs]

07.25 The Gaza war has done terrible things to Israeli society

07.25 Ex-Israeli Security Chief Diskin: 'All the Conditions Are There for an Explosion'

07.25 West Bank erupts as UN deplores Gaza school attack

We are a non-profit Internet-only newspaper publication founded in 1973. Your donation is essential to our survival.

You can also mail a check to:
Baltimore News Network, Inc.
P.O. Box 42581
Baltimore, MD 21284-2581
Google
This site Web


Public Service Ads: