Please tell us why you don't think that the unprovoked attack of Iraq constitutes a war crime based on what we know today?
en.wikipedia.org
"A crime against peace, in international law, consists of starting or waging a war against the territorial integrity, political independence or sovereignty of a state, or in violation of international treaties, agreements or (legally binding) assurances. ..."
Based on precedence at the Nuremberg trials, this is exactly what constitutes a war crime.
consortiumnews.com
"...These days, the Nuremberg Trial is chiefly remembered for the prosecution and punishment of individuals for genocide. Equally important at the time, however, was the focus on wars of aggression. Thus, the first sentence of Justice Jackson’s opening statement: “The privilege of opening the first trial in history for crimes against the peace of the world imposes a grave responsibility.”
Crimes against peace and the responsibility for them were defined in Article 6, the heart of the Charter of the IMT: “The tribunal…shall have the power to try and punish persons who…whether as individuals or as members of organizations, committed any of the following crimes...(a) Crimes Against Peace, namely, planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances…”
The desire was not only to punish individuals for crimes but to set an international moral and legal precedent for the future. Indeed, before the end of 1946, the United Nations General Assembly unanimously adopted Resolution 95 (1), affirming “the principles of International Law recognized by the Charter of the Nuremberg Tribunal and the judgment of the Tribunal.” And, of course, the United Nations Charter forbids armed aggression and violations of the sovereignty of any state by any other state, except in immediate self defense (Article 2, Sec. 4 and Articles 39 and 51).
Invoking the precedent set by the United States and its allies at the Nuremberg trial in 1946, there can be no doubt that the U.S.-led invasion of Iraq in 2003 was a war of aggression. There was no imminent threat to U.S. security nor to the security of the world. The invasion violated the U.N. Charter as well as U.N. Security Council Resolution #1441."
The Nuremberg Trials:
IMT Charter, Indictments,
Verdicts and Sentencing of Major War Figures
law.umkc.edu
Charter of the International Military Tribunal
...
ARTICLE 6
The Tribunal established by the Agreement referred to in Article 1 hereof for the trial and punishment of the major war criminals of the European Axis countries shall have the power to try and punish persons who, acting in the interests of the European Axis countries, whether as individuals or as members of organizations, committed any of the following crimes.
The following acts, or any of them, are crimes coming within the jurisdiction of the Tribunal for which there shall be individual responsibility:
(a) Crimes against Peace: namely, planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a Common Plan or Conspiracy for the accomplishment of any of the foregoing;
(b) War Crimes: namely, violations of the laws or customs of war. Such violations shall include, but not be 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 ill-treatment of prisoners of war or 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;
(c) Crimes against Humanity: namely, murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war,14 or persecutions on political, racial, or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of domestic law of the country where perpetrated.
Leaders, organizers, instigators, and accomplices participating in the formulation or execution
of a Common Plan or Conspiracy to commit any of the foregoing crimes are responsible for all acts performed by any persons in execution of such plan.
ARTICLE 7
The official position of defendants, whether as Heads of State or responsible officials in Government departments, shall not be considered as freeing them from responsibility or mitigating punishment.
... |
