In 1946 shortly after WW II the world held court:
“The Nuernberg trials”, that was 57 years ago. The United Nations was in the early stage of existence. I am using the “Nuernberg trial” since this trial was more or less the first trial, on WAR Crimes. The judges and the prosecutors clearly defined what a War Crime was. The judges in Nuernberg were quite clear about what they considered the gravest of all WAR Crimes: “ That of an unprovoked invasion of a sovereign territory.” The judges stated again and again “the very essence of international justice that individuals have international duties which transcend national obligations of obedience imposed by the state”. In simple words: “No soldier, no officer, no citizen or any other individual must follow the orders of her/his country if they are in breach with the international rights, like do not bring war, invade a sovereign country unless that country attacked your own country”. What were the judgments at Nuernberg, some prison and some hanging!
Now we have a war on the way in Iraq 57 years later. We have a United Nations organization, which has for over the last decades made recommendations and rulings and most of the time they were never executed and the reason was some countries did not like to see justice. The UN as it is a toothless “Pussycat”, and this must change. Back to Iraq here the so-called coalition forces mainly Britain and the US have invaded a sovereign country, which did not attack Britain or the US. Regardless if the government of Iraq, is/was a government of a democratic understanding. Not only this the UN did not instruct the coalition forces to invade Iraq. Here we see that what the judges of Nuernberg called a WAR Crime: That in the face of this impending crime/continuation of this crime, the international duty that transcends national obligations of obedience was not followed. Comparing the Nuernberg trail with the invasion of Iraq, this would mean the coalition forces and every solder and every government, and every person who in any way participate is a war criminal.
The only question now is: Who will charge the coalition forces before the World Court? It has to be done otherwise all that the world has learned from the horrors of WW II are lost and we might as well start as savages again.
Now the coalition forces also place a burden on the peace loving countries to pay for what the coalition has destroyed and to pick up the cost of humanitarian services to the Iraqi people. In my way of thinking the world must not permit the Iraqi people to starve or become ill. But all the cost incurred to the countries not participant in this WAR Crime and or supporter of the coalition forces to be compensated by the coalition forces.
The last and final question: Who will press charges? Where are the noble people of the world?
Where is Justice Robert Jackson to rule again as he did at Nuernberg to order the hanging of the top war criminals?
Henry W. Freitag
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