Wednesday, October 22, 2008

Illegal Wars of Aggression Are War Crime Number One

Bush was warned by lawyers that he and his administration could be prosecuted for war crimes for the illegal invasion of Iraq.

Bush was even warned by his own lawyers.

Illegal wars of aggression are now, and always have been, the number one war crime.

Why are illegal pre-emptive wars of aggression war crimes?

International Law on Wars of Aggression

"To initiate a war of aggression, therefore, is not only an international crime; it is the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole."

Judgment of the International Military Tribunal for the Trial of German Major War Criminals - Nuremberg, Germany, 1946

Principle I

Any person who commits an act which constitutes a crime under international law is responsible therefor and liable to punishment.

Principle II

The fact that internal law does not impose a penalty for an act which constitutes a crime under international law does not relieve the person who committed the act from responsibility under international law.

Principle III

The fact that a person who committed an act which constitutes a crime under international law acted as Head of State or responsible Government official does not relieve him from responsibility under international law.

Principle IV

The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him.

Principle V

Any person charged with a crime under international law has the right to a fair trial on the facts and law.

Principle Vl

The crimes hereinafter set out are punishable as crimes under; international law:

1. Crimes against peace:

1. Planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances;

2. Participation in a common plan or conspiracy for the accomplishment of any of the acts mentioned under (i).

2. War crimes:

Violations of the laws or customs of war which include, but are not 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 illtreatment of prisoners of war, of 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.

3. Crimes against humanity:

Murder, extermination, enslavement, deportation and other inhuman acts done against any civilian population, or persecutions on political, racial or religious grounds, when such acts are done or such persecutions are carried on in execution of or in connection with any crime against peace or any war crime.

Principle VII

Complicity in the commission of a crime against peace, a war crime, or a crime against humanity as set forth in Principles VI is a crime under international law.

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