Crimes against Peace: Historic Class Action Law Suit against George W. Bush

The case for Aggressive War against George W. Bush and his Administration – Published on Global Research.ca, by Inder Comar, April 21, 2014.

… At the Nuremberg Trials, American chief prosecutor and associate justice of the US Supreme Court Robert H. Jackson focused his prosecution on the planning and execution of the various wars committed by the Third Reich. Jackson aimed to show that German leaders committed “crimes against peace,” and specifically, that they “planned, prepared, initiated wars of aggression, which were also wars in violation of international treaties, agreements, or assurances.”  

For Jackson, the Nuremberg Trials were a high watermark of legalism. In his report regarding the negotiations of the treaty that would set up the Nuremberg Tribunal, Jackson wrote that the Tribunal “ushers international law into a new era where it is in accord with the common sense of mankind that a war of deliberate and unprovoked attack deserves universal condemnation and its authors condign penalties.” He concluded, “all who have shared in this work have been united and inspired in the belief that at long last the law is now unequivocal in classifying armed aggression as an international crime instead of a national right.”

The Nuremberg Tribunal agreed with Jackson. In its famous judgment in 1946, the Tribunal wrote,

–“War is essentially an evil thing . . . 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.”

The case against Bush is based on the conduct of members of the administration prior to coming into office as well as conduct taking place on and after 9/11.

Years before their appointment to the Bush Administration, Richard Cheney, Donald Rumsfeld and Paul Wolfowitz were vocal advocates of a militant neoconservative ideology that called for the United States to use its armed forces in the Middle East and elsewhere.

They openly chronicled their desire for aggressive wars through a non-profit called The Project for the New American Century (or PNAC). In 1998, Rumsfeld and Wolfowitz would personally sign a letter to then-President Clinton, urging the president to implement a “strategy for removing Saddam’s regime from power,” which included a “willingness to undertake military action as diplomacy is clearly failing.”

On 9/11, Rumsfeld and Wolfowitz openly pressed for the United States to invade Iraq, even though intelligence at the time confirmed that it was al Qaeda, and not Saddam, that was responsible. Richard Clarke, former National Coordinator for Security, Infrastructure Protection and Counter-terrorism, famously told President Bush that attacking Iraq for 9/11 would be like invading Mexico after Pearl Harbor … //

… For most of the post-war period, this notion — that leaders must be held accountable for their decisions to go to war — has gathered dust. This must change, or else the legacy of Nuremberg, and its foundation for the post-war international legal regime, will be tossed aside in favor of the state of anarchic international relations that led to the Second World War itself. It is time to fulfill Jackson’s dream of a global order governed by law, not war. And it is for accountability over the Iraq War and for the millions of people who lost their lives or who were affected by it.

(full text).

(Inder Comar is counsel of record for Sundus Shaker Saleh in her case against members of the Bush Administration. The case is Saleh v. Bush, Case No. 3:13-cv-1124 JST (N.D. Cal. March 13, 2013). The firm is providing case updates at witnessiraq.com and is representing Saleh pro bono).

Links:

The Algerian Presidential Elections, on Global Research.ca, by Samir Amin, April 19, 2014;

Being Raped Before Marriage Is A Hangable Offense, Says Politician, 3.40 min, uploaded by The Young Turks TYT, April 15, 2014: In full national election season, a top Indian politician sparked global outrage by arguing that women who have sex before marriage should be hanged …;

It’s Time To Join The Fight, 4.43 min, uploaded by The Young Turks TYT, April 2, 2014.

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