Tuesday, February 04, 2003

War criminals

Article 6 of the "Constitution of the International Military Tribunal" charts out three different types of international crimes:

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).

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 illtreatment 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.

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 crim

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Now is there any reason why the American President(s) George Bush and his trusted ally Tony Blair should not tried for war crimes? Fair enough the junior Bush has not yet begun his war but when (and I pray when) will the toothless United Nations step in between Iraq and US/UK and tell them that should they go ahead with a war without the UN Council's approval they will be held as war criminals?

Recent reports in the media suggest that US intends to launch a blitzkrieg of cruise missles during the first few days of the war. Part B of what I have stated above mentions that "...wanton destruction of cities, towns, or villages, or devastation not justified by military necessity." as war crimes. Likewise part C states "...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", as a crime against humanity.

When this charter was signed on Aug 8th, 1945, the idea behind it was to try and prosecute every single person if he/she were guilty of war crimes. The purpose of it was to take away the diplomatic veil that had protected the rich and mighty and who believed that they could get away no matter how bloody their hands were. Sadly, this charter doesn't seem to have any strength now. What happened to all the human rights activists who go to Int'l Court of Justice at the drop of a hat? Day in and day out they publish 1000 page reports on the human rights abuses in Zimbabwe, Kenya, India, Pakistan, Malaysia etc... but they are blind to what their own leaders do in different parts of the world? Maybe taking such matters to seek justice is not as "lucrative" as some other cases might be.

I'm gonna write these same questions to American govt and see if they have the courtesy to respond.

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