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Title: When Will Americans Face War Crimes’ Charges?
Source: [None]
URL Source: https://www.strategic-culture.org/n ... icans-face-war-crimes-charges/
Published: May 29, 2022
Author: Declan Hayes
Post Date: 2022-05-29 11:46:03 by Ada
Keywords: None
Views: 70

This article surveys previous war crimes’ trials from earlier eras to assess today’s plans to put captured Russian soldiers on trial in Kiev and Azov militia members on trial in Donbass.

This article surveys previous war crimes’ trials from earlier eras to assess today’s plans to put captured Russian soldiers on trial in Kiev and Azov militia members on trial in Donbass. Although all crimes should be appropriately punished, the examples which follow, which are in no way exhaustive, show that has rarely been the case.

The article begins with the Nuremberg trials before moving on to some of the more relevant issues those trials, and the Tokyo ones which followed, gave rise to. It uses those trials, rather than NATO’s more recent war crimes in the Arab world, as its benchmarks to more properly hone in on the key issues pertaining to NATO’s war crimes in Ukraine. While just a snap shot, the article is important as it sets out the main parameters under which the main perpetrators in Washington, London, Brussels and Kiev should, with their entourage, be in the dock as a first step to being jailed for life.

Nuremberg’s Ground Rules

The Nazi leaders tried at Nuremberg faced a total of four counts: (1) crimes against peace: the planning, initiating and waging of wars of aggression in violation of international treaties and agreements; (2) crimes against humanity: conducting the crimes of extermination, deportation and genocide; (3) war crimes: the violation of the rules of war; (4) and, finally, “a common plan of conspiracy to commit” the criminal acts listed in the first three counts. These four counts now form the basis of any legal discussion of genocide and its related crimes.

These four counts are also more than sufficient to indict NATO’s leaders. Previous articles cited NATO’s think tanks plotting violating counts one and four. As my previous articles repeatedly call attention to NATO’s wars of extermination, I have little more to say here on why the USA should be indicted under count two or, indeed, on count three. There is, in short, overwhelming grounds to charge NATO’s political, media, military and industrial elite along the very same lines adumbrated above, under which those who faced justice at Nuremberg were charged.

That is because the Nuremberg proceedings clarified and reaffirmed the emerging principles of international law: aggressive war, such as those which NATO waged in Iraq, Serbia, Syria, Vietnam, Libya and Yemen, constitute crimes, for which NATO’s instigators, heads of state included, are accountable; and accomplices and accessories who joined organizations, such as the SS, the SAS, the Parachute Regiment, the U.S. Marine Corps and the Gestapo, knowing of their criminal purposes, should be held to legal account.

Count 2 involved crimes against humanity, including the crimes of extermination, genocide, murder, enslavement, deportation or other inhuman acts done against any civilian population. Any proper investigation of NATO’s terror campaigns in Iraq, Afghanistan, Syria, Yemen and Libya would furnish sufficient grounds to indict tens of thousands of NATO personnel and their political overseers as war criminals.

The most authoritative definition of war crimes, count three, was formulated in the London Charter of August 8, 1945, which established the Nuremberg International Military Tribunal. Under their definition, war crimes are acts of violence against civilian populations, prisoners- of-war or, in some cases, enemy soldiers in the field; they are committed primarily by military personnel; they are in violation of the laws and customs of war; they are not justified by military necessity; and they often involve weapons or military methods of unusual cruelty or devastation. The Ukrainian Armed Forces and their far right militias, which Ukraine’s political leaders deliberately fully incorporated into their armed forces, stand accused of countless numbers of such war crimes.

Orders from On High

Nuremberg not only formalized earlier conventions but internationalized the crimes as well. The defense that these crimes had been legal in Nazi Germany was rejected. Superior orders, as in the earlier Major Wirz and Llandovery Castle cases, were again rejected as a defense. Because of these precedents, German generals, German bureaucrats, German judges and German economic ministers were all found guilty. As the German High Command, the Waffen SS and the Gestapo were condemned as criminal organizations, the very same should apply to every NATO force implicated in all of its Arab Spring, Serbian and Ukrainian genocide campaigns.

Genocide

The United Nations Convention on the Prevention and Punishment of the Crime of Genocide specifically lists five acts, any of which intentionally perpetrated against a national, ethnic, racial or religious grouping may constitute genocide. Killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group or forcibly transferring children of the group to another group are each cited as genocidal mechanisms by that body. The UN has also decreed that conspiracy, incitement, attempt and complicity in genocide are also punishable. Perpetrators may be punished whether they are constitutionally responsible rulers, public officials or private individuals. All transgressors are, in theory at least, legitimate targets for retribution.

Given that the deliberate destruction or emasculation of a society’s leaders, if perpetrated to cull a community’s leadership, also constitutes genocide — even if the majority survives, Poroshenko and Ukraine’s other leaders who led the extermination campaign against Ukraine’s Russian speakers must stand trial and spend the remainder of their lives in a penal colony, if found guilty.

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