Author Topic: ReStating The Nuremberg First Principles Of International Law  (Read 1774 times)

Phil Talbot

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ReStating The Nuremberg First Principles Of International Law
« on: September 28, 2010, 05:01:05 PM »
Cuttin' Thru Flim-Flam Flannellings SpinningS Word-plays - And Other Deliberate Over-Complications of the Legality/Illegality of the Iraq Attack

Or Simply Clarifying International Law

Funamental principles of international law, set down after World War Two, indicate quite clearly and simply that the attack on Iraq in 2003 WAS ILLEGAL.

However, as reported by the mainstream mediums, the flim-flam in (and surrounding) the various 'official enquiries/inquries' into the  (in fact clear-cut 'illegal') attack on Iraq in 2003 has suggested that 'International Law' is complex and dense and difficult to understand - even for 'experts' and - by implication - pretty much beyond the understanding of most citizens of the world.

In fact, perhaps rather surprizing so, the fact is that, as law goes, in its basic statements, modern International Law is quite clear-cut - because it was well-founded to be just that in the desperate days after the worst war in human history, generally known as 'The Second World War' or 'World War Two'.

Until 1946 national leaders responsible for waging wars causing the deaths of millions escaped the legal judgement of their crimes

The Nuremburg judgements of that year put the concepts of war crimes into a legal framework for the first time.

They also  made it clear that it was not only Heads of State that  could  be  indicted, but all  those individuals responsible for planning, supporting, condoning, funding or taking part in aggressive war.

This is reflected in English law, in Article 25 of Chapter VI of  the Manual of Military Law which states:
"The privileges of Parliament do not apply to criminal matters and the members of either House are subject to the same rules regarding criminal responsibility as any other citizen with the exception that they cannot be made criminally responsible  in the ordinary courts for anything said by them while in  their places in Parliament when it is sitting.”

In other words, in short, while you can say what you like in Parliament about any issue and always remain within the law, you cannot otherwise act illegally - and so people who take the physical actions of going through voting lobbies to vote for an illegal war stand accused of a war crime.

The Nuremburg Principles became international statute criminal law when they were adopted by the United Nations General Assembly in 1950.

As these seven principles are the world’s primary international laws against war, it is the duty of every citizen of the world to be aware of these laws and to uphold and abide by them.

The Seven Nuremburg Principles

1. Any  person  who commits  an act which constitutes  a crime  under international law  is responsible  therefor and  liable to punishment.

2. The fact that internal law does not impose a penalty for an act which constitutes a crime under international  law does not relieve the person who committed the act from responsibility under international law.

3. The fact  that a person who committed an act which constitutes a crime under international law acted as Head of State  or responsible Government official does not  relieve him  from  responsibility under international law.

4. The fact that a person acted pursuant  to order of his Government  or of a superior does not  relieve him from responsibility under international law, provided a moral choice was in fact possible to him.

5. Any person charged with a crime under international law has  the right to a fair  trial on the facts and law.

6.  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 to slave-labor or for any other purpose of civilian population of or  in occupied  territory, murder or ill treatment of  prisoners of war, of 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 inhuman 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.

7. Complicity in  the commission of a  crime against peace, a war crime, or a crime against humanity as set forth  in Principle 6 is a crime under international  law.

« Last Edit: September 28, 2010, 05:11:59 PM by Phil Talbot »