Crimes of Aggression
By David Peterson at Feb 01, 2007 |
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Something the leadership of no state is willing to face --
but never moreso than in the contemporary United States:
The inherent criminality of aggressive war.After taking up the subject of "Crimes in the Conduct of War,"
Chief Prosecutor Robert H. Jackson explained:
The Geneva Protocol of 1924 for the Pacific Settlement of International Disputes, signed by the representatives of 48 governments, declared that "a war of aggression constitutes . . . an international crime." The Eighth Assembly of the League of Nations in 1927, on unanimous resolution of the representatives of 48 member nations, including Germany, declared that a war of aggression constitutes an international crime. At the Sixth Pan-American Conference of 1928, the 21 American Republics unanimously adopted a resolution stating that "war of aggression constitutes an international crime against the human species."
A failure of these Nazis to heed, or to understand the force and meaning of this evolution in the legal thought of the world, is not a defense or a mitigation. If anything, it aggravates their offense and makes it the more mandatory that the law they have flouted be vindicated by juridical application to their lawless conduct. Indeed, by their own law -- had they heeded any law -- these principles were binding on these defendants. Article 4 of the Weimar constitution provided that: "The generally accepted rules of international law are to be considered as binding integral parts of the law of the German Reich" (2050-PS). Can there be any doubt that the outlawry of aggressive war was one of the "generally accepted rules -of international law" in 1939?
Any resort to war -- to any kind of a war -- is a resort to means that are inherently criminal. War inevitably is a course of killings, assaults, deprivations of liberty, and destruction of property. An honestly defensive war is, of course, legal and saves those lawfully conducting it from criminality. But inherently criminal acts cannot be defended by showing that those who committed them were engaged in a war, when war itself is illegal. The very minimum legal consequence of the treaties making aggressive wars illegal is to strip those who incite or wage them of every defense the law ever gave, and to leave war-makers subject to judgment by the usually accepted principles of the law of crimes.
(Somebody be so kind as to wake me when a member of the U.S. Congress shows the willingness to take up this rather important matter with the relevant authorities. Thanks.)
Nuremberg Trial Proceedings, Second Day, November 21, 1945, Transcript pp. 145-146



FYI, interesting "Suggested
By Kissenger, Clark at Feb 12, 2007 22:06 PM
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Re : Kenneth Roth
By Kissenger, Clark at Feb 05, 2007 19:31 PM
Hi, I didn't know Kenneth Roth, I checked , he is the Executive Director of Human Rights Watch.. Given by one of " his " opinion below, I do suggest Roth is a rotten scum bag: [quote] Efforts to criticize Zimbabwe and Equatorial Guinea also failed. Resolutions were adopted condemning killings by Israel but saying little about suicide bombings by Palestinians. UN human rights investigators were reduced to token five-minute reports of their findings, while obscure visiting "dignitaries" were permitted to drone on. src: Where no Abuse Is Too Big to Be Ignored. Ken Roth
How this Ken got selected to be director of a human right group is really OBSCURE..David, thanks for the historical links above ..
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In insight british
By Kissenger, Clark at Feb 04, 2007 22:48 PM
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Looking back
By Amicusforlife, Gladiator777 at Feb 03, 2007 15:23 PM
I imagine there was a time when the Nazi party thought themselves invinceable. I imagine they had in mind at the end of their "self-justified "war" was an empire that would "last a thousand years".
This madness will continue until the deaths reach into the millions. the sadest part of all is that they know it.
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Reply to "Every commentator who" (2007-02-02 23:17)
By Kissenger, Clark at Feb 03, 2007 01:25 AM
Ajit:
Nice work. -- It's a shame that I can't hyperlink to an electronic version of Roth's article. But I can't seem to find one.
Anyway. Roth's September 22, 1997 cover story for The Nation (U.S.) ends with the following intellectual atrocity:
Imagine invoking NATO as a defender of human rights.
David Peterson
Chicago, USA
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>>>Every commentator who
By Ajit, Ajit at Feb 02, 2007 22:17 PM
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Reply to "Occupiers" (2007-02-01 23:18)
By Kissenger, Clark at Feb 02, 2007 13:45 PM
Cyrano:
For an even stronger statement of the same self-evident principle, see "The Common Plan or Conspiracy and Aggressive War," which formed a part of the Final Judgment of the International Military Tribunal for the Trial of German Major War Criminals (September 30, 1946).
Every commentator who pretends to dwell on the "precedent of justice set at Nuermberg and Tokyo" (see if you can guess which charlatan I'm quoting here), and who denies that the actual precedent consists of the condemnation of the "supreme international crime," misses everything.
David Peterson
Chicago
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Occupiers
By Kissenger, Clark at Feb 01, 2007 22:18 PM
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