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World Court: Why Not Indict Bush, Cheney and Yoo? Email Print

Robert Jackson was one of the exemplary figures in American history, not to mention one of the nation's greatest patriots and one of its greatest jurists.  

Here was the last of the great bootstrap lawyers like Clarence Darrow who did not attend law school but picked up their educations working under skilled lawyers and judges and achieved lasting greatness.

When it came time to pick someone to lead the U.S. team in prosecuting Nazi Germany at the Nuremberg Trials the ideal choice was then Associate Justice of the United States Supreme Court Robert Jackson.  Those were the days when we had judges who were capable of independent thought and were not hacks pushed through the Washington process by the Federalist Society.

A basic principle enunciated by Jackson at the historic Nuremberg tribunal was that individuals were responsible for their acts and could not slide by with a variation of the Flip Wilson "The devil made me do it", which the late great comic meant as a joke and not something to be emulated.

There is also the "Ah, shucks" George W. Bush response when it was learned that there were no weapons of mass destruction in Iraq, no matter how many Limbaugh dittoheads and Fox zombies continue to believe that they really do exist, contrary to all evidence and reason.

There were but two members of the House of Representatives that took the U.S. Constitution seriously about impeaching for crimes and misdemeanors committed against the nation, the patriotic Congressman from Ohio Dennis Kucinich and the equally patriotic Congressman from Florida Robert Wexler.

Let us therefore look elsewhere for justice and beseech the World Court at The Hague to do its duty under international law and as a first consequential step indict the highly culpable, based on the available evidence, George W. Bush, Dick Cheney and John Yoo.

The aforementioned represent scurrilous violators of one of the fundamental precepts enunciated at the Nuremberg Trials.

I refer to Principle VI and spell it out herewith in detail:

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

(a) Crimes against peace;

(i) Planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances;

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

(b) War Crimes:

Violations of the laws or customs of war which include, but are not limited to, murder, ill-treatment or deportation of slave labor for any other purpose of the 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:

Murder, extermination, enslavement, deportation and other inhumane 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.

The aforementioned language resulted to a significant degree from assertive leadership by Justice Robert Jackson and his team.  

These were individuals who would decry the likes of raping prisoners, kidnapping prisoners and sending them to other nations for hostile interrogation, and indeed for waging war against a sovereign nation that posed no direct threat to its life and liberty.

In the specific case of Iraq, it had been supported by individuals in the same administration that decried the conduct of Iraqi dictator Saddam Hussein, who assumed office in a coup with assistance from the Central Intelligence Agency of the United States.

While Bush and Cheney initiated a war of aggression, they also dispersed teams from international corporate giants and New World Order designates Halliburton and Bechtel. These corporations have reaped obscene profits from a war launched in violation of international law.

The profits derived therefrom are consequently illegal under international law and should be disgorged.  An international class action should be initiated to disgorge obscene and illegal profits.  

These monies, along with punitive damages, should go to the victims of these catastrophic policies that have led to destruction in Iraq in the form of some 1.2 million deaths of citizens according to the respected British journal Lancet and some 2.5 refugees, many of whom are helpless and homeless, crowding the borders of neighboring Middle East nations.

John Yoo is a particular subject of interest for delivering "legal opinions" from the U.S. Justice Department providing the commander in chief with the right to do anything to anyone on the constitutionally unwarranted pretext that since 9/11 the nation has been at war and hence there are no limits on the executive branch; no type of torture designated too heinous to practice.

Meanwhile we live in a political climate where waterboarding and rape are practiced under the guise of "interrogation" and the U.S. Congress has been collectively missing in action in addressing unconstitutional grievances that they are duty bound under oath of office to vigorously prosecute.

In the interest of combating international lawlessness carried out by individuals with dictatorial mentalities, it is time for the World Court to take notice of this steady pattern of lawless disrespect for international law and elementary principles of human decency.              


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The World Court of Justice? Which one do you mean? The one in the Peace Palace which settles squabbles between states, or the International Criminal Court which tries war criminals like Milosevic et al?

Sad thing is: The United States took great care (before Bush; I think it was under Clinton) to NOT recognize the latter even telling the world that if ever THAT court would DARE to try an American citizen that would be reason for the American Commander in Chief to order the liberation of that citizen from the not recognized hands of the court. This was supported by Congress if I'm not mistaken. The fact of the matter is that Americans think they can operate above the law and outside of it and go unpunished.

by Hans on 05/24/2008 08:59:44 PM EST

for the very thoughtful reply that I will seek to reply to in a thoughtful manner.

I was referring to the Court at The Hague.  I generally specify The Hague, but to politically knowledgeable readers to recommend investigation or indictment of Bush officials is taken here in America to mean The Hague.

You are right that the Clinton and Bush administrations have made executive pronouncements about not being bound by actions arising out of The Hague and for good reason.  The Minister of Justice of Belgium has delivered an indictment on grounds of war criminal activity against Henry Kissinger and this shook up the U.S. political community a great deal, so those subsequent positions were taken to safeguard against Kissinger or other citizens being tried.

I am lobbying that nonetheless, just as it was a good idea to showcase Kissinger, that a drawing of a bill of particulars along with issuing official indictments against Bush, Cheney and other culpable administration members would signal a strong message from the international community.  It would certainly take a sea tide change in American policy to ever abide by such indictments and alter policy toward the International Court of Justice at The Hague, but one never knows for sure what can ultimately happen in our unpredictable and turbulent world.

Incidentally, Mack McClarty, Clinton's oldest friend, is a partner in Kissinger Associates, indicating why both administrations would be very leey of agreeing to abide by that court's indictment and trial processes.

Thanks again for the response from, I presume, one of our readers from the international community.    

by Bill Hare on 05/25/2008 01:18:04 PM EST

[ Parent ]
You neglected to mention Congresswoman Cynthia McKinney who on December 8, 2006, introduced Articles of Impeachment [http://www.afterdowningstre et.org/node/16230] against President George W. Bush, making him the 10th president of the United States to face such action. Of course, McKinney was on her way out of office and thus more willing to challenge the Democratic Party leadership by upholding basic Constitutional principles.

    Fewer people are aware that Congresswoman McKinney on December 27, 2006, entered into the Congressional Record (pages E2253 - 2255) extended remarks on impeachment that merit our close attention.

read more at truthout.com:

http://tinyurl.com/5jepvq

BTW, Ms. McKinney is the likely presidential nominee of the Green Party at their Chicago convention in July.

When they call the roll in the Senate, the Senators do not know whether to answer 'Present' or 'Not guilty.' ~ Teddy Roosevelt

by robertjones2001 on 05/25/2008 03:29:06 PM EST

and I will explain what happened in my neglect to mention Cynthia McKinney.  I will state here and now and anywhere else that Cynthia McKinney is one of the few recent members of Congress that I unequivocally refer to a great patriot in the traditional sense, and not the phony, marketable Fox News manufactured variety.  She is doing her utmost to help achieve democracy in a political system that has been blown to special interest, New World Order smithereens.

The reason I mentioned Kucinich and Wexler is that I was talking about the current Washington scene and the valuable stands these courageous and gallant gentlemen took.

As for McKinney, no offense intended and I am happy to add her to the list of those I salute since I have written about her in past articles and have praised her mighty contributions.  

by Bill Hare on 05/25/2008 09:49:48 PM EST

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