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

03.24 Robert Reich Demolishes Myth that College Is Gateway to the Middle Class

Letters
Open Letters:

Ref. : Letters to the editor

Health Care & Environment

03.27 Large fall in UK greenhouse gas emissions of over 8% last year

03.26 Naomi Klein: Let's kick oil while the price is down – video

03.26 Leaders of European cities make pledge to tackle climate change [Statement by the Mayors]

03.26 Single-Dose Cures for Malaria, Other Diseases

03.26 Genome Study Predicts DNA of the Whole of Iceland

03.25 Stop Making Us Guinea Pigs

03.25 AP Investigation: Slavery taints global supply of seafood

03.25 We’re treating soil like dirt. It’s a fatal mistake, as our lives depend on it

03.25 Climate denial is immoral, says head of US Episcopal church

03.25 US coal sector in 'terminal decline', financial analysts say

03.25 20 Obamacare Stats Republicans Don't Want You to See [detailed outline, graphs]

03.25 My Stake In the 2016 Election Is Way More Personal Than Usual

News Media

03.27 Always Remember, the NY Times Pushed, Hard, for War in Iraq

Daily FAIR Blog
The Daily Howler

US Politics, Policy & Culture

03.27 Guess Which Ultra Liberal State Is About to Become a Hellish Place for People to Work in?

03.27 The Glaring, Brazen Hypocrisy at the Heart of American Right-Wing Christianity

03.26 Payday loan borrowers: ‘When are we going to be done paying these people?’

03.24 Nation's largest ocean desalination plant goes up near San Diego; Future of the California coast? [map of sites]

Justice Matters

03.26 Many women of color don't go to the police after sexual assault for a reason

High Crimes?

03.24 African elephants could be extinct in wild within decades say experts

03.23 Africa is centre of a ‘wildlife war’ that the world is losing

Economics, Crony Capitalism

03.26 Regulatory Capture, Captured on Video [1:21 video]

03.26 US risks epic blunder by treating China as an economic enemy

03.25 Currency concerns everywhere

03.25 California Water Wars: Another Form of Asset Stripping?

03.23 Let John Oliver Explain How Petty Municipal Fines Destroy the Lives of Our Most Vulnerable [17:45 video]

03.23 Why Not Utopia?

International

03.27 Back from the Brink: Spain Emerges as Model for Europe

03.27 Caliphate Under Pressure: Is Islamic State in Trouble in Iraq?

03.27 How the US Government and US Military Became Murder, Inc.

03.27 South Sudan food crisis leaves people of Ganyiel desperate for a peace deal

03.27 US defends strategy in Yemen and Iraq but diplomats admit: it's a mess

03.25 Central African Republic farmers ‘need seeds urgently to avert food shortages’

03.25 What happened to Germanwings flight 4U 9525?

03.25 Saudi Arabia moves military equipment to border with Yemen

03.24 Nazi Extortion: Study Sheds New Light on Forced Greek Loans

03.24 'The Fourth Reich': What Some Europeans See When They Look at Germany

03.24 Syria's war-scarred citadel of Aleppo: a history of cities in 50 buildings, day 2

03.24 Yemeni implosion pushes southern Sunnis into arms of al-Qaida and Isis [map]

03.24 Pentagon loses track of $500 million in weapons, equipment given to Yemen

03.24 Israel denies spying on US over Iran nuclear talks

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: