A War Crime in Real Time

Obliterating Fallujah

By Professor FRANCIS A. BOYLE

[I've been on several tours of the city and I'd estimate that 70% of it is destroyed and beyond repair.The Iraqi government had authorised a group of 2,000 to return to inspect their homes but only about 500 arrived. Horrified by the destruction they saw, many said they did not intend to stay........................BBC Report 23 Dec.2004]

(Of the 30% still left standing, I don't think there is a single one that has not been exposed to some damage. One of my colleagues... went to see his home, and saw that it is almost completely collapsed and everything is burnt inside. When he went to his neighbours' home, he found a relative of his was dead and a dog had eaten the meat off him. I think we will see many things like this, because the US forces have cleared the dead people from the streets, but not from inside the homes. Most of the people are coming back out of the city after seeing that their homes are not ready for living in. Doctor Saleh H Isawi visiting Fallujah BBC,29thDec.)

The obliteration of Fallujah continues apace. Article 6(b) of the 1945 Nuremberg Charter defines a Nuremberg War Crime in relevant part as the ". . . wanton destruction of cities, towns or villages. . ." According to this definitive definition, the Bush Jr. administration's destruction of Fallujah constitutes a war crime for which Nazis were tried and executed. There is nothing surprising about that.

Since the Bush Jr. administration's installation in power by the United States Supreme Court in January of 2001, the peoples of the world have witnessed a government in the United States of America that has demonstrated little if any respect for fundamental considerations of international law, international organizations, and human rights, let alone appreciation of the requirements for maintaining international peace and security. What the world has watched instead is a comprehensive and malicious assault upon the integrity of the international legal order by a group of men and women who are thoroughly Machiavellian in their perception of international relations and in their conduct of both foreign policy and domestic affairs. This is not simply a question of giving or withholding the benefit of the doubt when it comes to complicated matters of foreign affairs and defense policies to a U.S. government charged with the security of both its own citizens and those of its allies in Europe, the Western Hemisphere, and the Pacific. Rather, the Bush Jr. administration's foreign policy constitutes ongoing criminal activity under well-recognized principles of both international law and U.S. domestic law, in particular the Nuremberg Charter, the Nuremberg Judgment, and the Nuremberg Principles. So their obliteration of Fallujah was to be expected.

One generation ago the peoples of the world asked themselves: Where were the "good" Germans? Well, there were some good Germans. The Lutheran theologian and pastor Dietrich Bonhoeffer was the foremost exemplar of someone who led a life of principled opposition to the Nazi-terror state even unto death.

Today the peoples of the world are likewise asking themselves: Where are the "good" Americans? Well, there are some good Americans. Like three Catholic Nuns in Denver, they are getting arrested and going to jail for protesting against United States weapons of mass destruction (WMD) whose power for human extermination far exceeds even the wildest fantasies of Hitler and the Nazis. Or else for protesting against illegal U.S.. military interventions around the world. Just recently the Nuclear Resister estimated that since the Fall of 2002, there have been more than 9,500 anti-war related arrests in the United States alone. Many more will be coming.

In international legal terms, the Bush Jr. administration itself should now be viewed as constituting an ongoing criminal conspiracy under international criminal law in violation of the Nuremberg Charter, the Nuremberg Judgment, and the Nuremberg Principles, due to its formulation and undertaking of aggressive war policies that are legally akin to those perpetrated by the Nazi regime. As a consequence, American citizens possess the basic right under international law and the United States domestic law, including the U.S. Constitution, to engage in acts of non-violent civil resistance in order to prevent, impede, thwart, or terminate ongoing criminal activities perpetrated by U.S. government officials in their conduct of foreign affairs policies and military operations purported to relate to defense and counter-terrorism.

This same right of civil resistance extends pari passu to all citizens of the world community of states. Everyone around the world has both the right and the duty under international law to resist ongoing criminal activities perpetrated by the Bush Jr. administration and its nefarious foreign accomplices such as Blair, Berlusconi, Howard, Koizumi, Kwasniewski, etc. by all non-violent means possible. If it is not so restrained, the Bush Jr. administration could very well precipitate a Third World War.

The time for preventive action is now. Civil resistance is the way to go. People power can overcome power politics. Popular movements have succeeded in toppling tyrannical, dictatorial and authoritarian regimes throughout former Communist countries in Eastern Europe, as well as in Asia, and most recently in Latin America. It is time once again to exercise People Power here in the United States of America: "When in the Course of human Events. . . We hold these Truths to be self-evident. . . . we mutually pledge to each other our Lives, our Fortunes, and sacred Honor."

Despite the best efforts by the Bush Jr. Leaguers to the contrary, we American Citizens still have our First Amendment Rights: Freedom of Speech, Freedom of Association, Freedom of Assembly, Freedom to Petition our Government for the Redress of these massive Grievances, Civil Resistance, etc. We are going to have to start vigorously exercising all of our First Amendment Rights right now. We must use them or else, as the saying goes, we will lose them. We must act not only for the good of the Peoples of Southwest Asia, but for our future, that of our children, that of our nation as a democratic society committed to the Rule of Law and the U.S. Constitution. The Nazis had their "homeland" too.

Francis A. Boyle, Professor of Law, University of Illinois, is author of Foundations of World Order, Duke University Press, The Criminality of Nuclear Deterrence, and Palestine, Palestinians and International Law, by Clarity Press. He can be reached at: FBOYLE@LAW.UIUC.EDU

ARAB STRATEGY FORUM:
Via NY Transfer News Collective * All the News that Doesn't Fit ; Sent by Francis Boyle

Political Systems in the Arab World
Moving Towards Reform and Development

by Professor Francis A. Boyle
13 December 2004
Dubai, U.A.E.

IN THE NAME OF GOD, THE COMPASSIONATE, THE MERCIFUL

Your Royal Highnesses, Distinguished Excellencies, Ladies and Gentlemen.

The demand by the Bush Jr. administration and its Zionist neo-conservative operatives for democratization in the Arab world is a joke and a fraud that is designed to pressure, undermine, and destabilize Arab governments and states at the behest of the genocidal Israeli apartheid regime, and to pursue America's continuing campaign for outright military control and domination of the Gulf oil and gas resources that the United States government launched in direct reaction to the Arab oil embargo of the West in 1973. For over the past three decades American foreign policy toward the entire Middle East has been determined by oil and Israel, in that order.

The United States government will seek direct military control and domination of the hydrocarbon resources of the Arab and Muslim world until there is no oil and gas left for them to steal, using Israel as its regional "policeman" towards that end. Oil and Israel were behind both the Bush Sr. and Bush Jr. wars against Iraq. And now Bush Jr. is threatening to attack Syria, Lebanon, and Iran in conjunction with the genocidal apartheid regime in Israel. As the oil and gas in the Arab and Muslim world proceed to run out, the United States and Israel will become even more predatory, aggressive, destructive, and genocidal toward Arab and Muslim states and peoples.

The Bush Jr. administration and its Zionist neo-conservative operatives could not care less about democracy in the Arab world. In fact, Bush Jr. and his Neo-Cons are all trying very hard to build a Police State in the United States of America that we lawyers are vigorously opposing. What the Bush Jr. administration and its Zionist neo-conservative operatives really want in the Arab world are quisling dictators who will do their dirty work for them and the genocidal Israeli apartheid regime against the wishes and prayers of the Arab people for democracy, human rights, the rule of law, constitutionalism, as well as for the liberation of Palestine and Al Quds.

Those will be the predominant facts and trends that the Arab world will have to confront between now and 2020. It was not my assignment here today to advise Arab states and the Arab people how to counteract this anti-Arab and anti-Muslim agenda by the United States and Israel. But certainly the sacred Koran and the divinely inspired teachings of the Prophet Mohammed - May Peace and Blessings Be Upon Him! - shall guide you and protect you during this most difficult period in the history of the Arab Nation, the Arab People, Arab States, and Islam.

Shukhran.

END.

(c) Copyright 2004 by Francis A. Boyle. All rights reserved.

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