May 29, 2004

PORTEND OF WORLD WAR III B

THE UNITED STATES= GRAB OF PERSIAN OIL RESERVES

PART I: THE LEGAL FOUNDATION OF WORLD ORDER

412 Saint Augustine (354-430 A.D.)

AKingdoms without justice are similar to robber barons. And so if justice is left out, what are kingdoms except great robber bands?... [A] band [which has grown to the point where it] holds territory... assumes the name of a kingdom... not for any subtraction of cupidity, but by addition of impunity,@ writes Augustine, in The City of God (pp. 11-12).

1899 First Hague Peace Conference (p. 25).

1907 The Hague Neutrality Conventions

War is considered an inescapable fact of international life. However, the fact that some actors are at war should not be permitted to precipitate a total systemic war among all global powers.

The primary duty of neutral powers is to maintain strict impartiality in relation to all belligerents. Even today, the four Hague Conventions are the universally recognized Acustomary international law@ binding those party and not party to them (pp. 25-26).

ABelligerent occupants@ must preserve the constitutional and domestic legal order of the occupied country (pp. 150-151).

1907 The Hague Regulations on Land Warfare (p. 54).

1909 The Declaration of London on Sea Warfare

Enunciates the Acustomary international laws@ of maritime warfare applicable to both belligerents and neutrals (pp. 28 and 54).

1914-18 The First World War

The war demonstrates the abject failure of the laws of neutrality to constrict the radius of the war (p. 30).

1919 The League of Nations

Aggression itself is the enemy:

AAny war or threat of war, whether or not it immediately affects a member, is hereby declared a matter of concern to the whole League....@ (Article 11) (pp. 30-31).

The Permanent Court of International Justice

The Court is the judicial arm of the League of Nations. The United States does not become a party to either the League or the Court (pp. 30-31).

1923 The Hague Rules of Aerial Warfare (pp. 54 and 73).

1928 The Kellogg-Briand Peace Pact (The Paris Peace Pact)

The pact outlaws war as an instrument of national policy:

AThe High Contracting Parties solemnly declare in the names of their respective peoples that they condemn recourse to war for the solution of international controversies, and renounce it as an instrument of national policy in their relations with one another@ (Article 1).

AThe High Contracting Parties agree that the settlement or solution of all disputes or conflicts of whatever nature or of whatever origin they may be, which may arise among them, shall never be sought except by pacific means@ (Article 2).

These prohibitions against war countermand the Avon Clausewitz doctrine@ which states that war is a continuation of diplomacy by an admixture of other means (pp. 15, 131-133 and 154).

Until the Kellogg-Briand Peace Pact, international relations were generally ruled by the Avon Clausewitz doctrine B AWar is a continuation of policy by other means.@ War is a language of politics whose Agrammar@ consists of shells and bullets rather than words and gestures. In war, the side least subject to restraint triumphs and laws of war are but self-imposed restraints hardly worth mentioning. Carl Phillipp Gotlieb von Clausewitz (1780-1831) was a Prussian general whose magnum opus, On War, published posthumously, remains influential today (p. 154; van Creveld, pp. 33, 63, 65 and 124-125).

1931 The Stimson Doctrine

The United States declares that it will not recognize any legal results flowing from a violation of the Kellogg-Briand Peace Pact. The principle is ultimately endorsed by the League of Nations Assembly (p. 15).

1939-45 The Second World War

1945 The United Nations Organization

Charter

The United Nations Charter enshrines the outlawry of war and becomes the cornerstone of the post-World War II world order:

AAll members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state...@ [Article 2 (4)] (p. 15).

Security Council:

The Council has Aprimary responsibility@ for the maintenance of international peace and security. Its powers include and are limited to:

1. APeacekeeping operations@: These are to be organized by means of either of two pathways:

a. Its own jurisdiction (Chapter 6).

b. A regional organization under its supervision (Chapter 8, Articles 24 and 25) (p. 33).

2. AEnforcement action@: These are to be organized by means of either of two pathways:

a. Its own jurisdiction (Chapter 7).

b. A regional organization under its supervision (Chapter 8, Article 53) (p. 33).

General Assembly:

The powers of the General Assembly include and are limited to:

3. AIndividual self-defense@ in the event of an armed attack (Article 51) (p. 33).

4. ACollective self-defense@: U.N. members are permitted, though not obligated, to come to the assistance of any state victim of an armed attack by another state (Article 51) (pp. 33 and 147).

5. APeacekeeping Operations@: In accordance with the Uniting for Peace Resolution (1950, Article 51) (pp. 33 and 157).

The International Court of Justice (World Court)

The Court is the principal judicial organ of the United Nations and one of its six Aprincipal organs@ (Criminality, pp. 162-164).

1945 Atomic Bombings of Hiroshima and Nagasaki

On August 6 and 9, respectively, the United States bombs Hiroshima and Nagasaki. The timing of the bombing is such that it is:

Between the signing of the United Nations Charter, in San Francisco, on June 26, 1945, and the actual coming into existence of the Organization, on October 24, 1945 (p. 32).

Contemporaneous with the release, on August 8, 1945, of the Nuremberg Charter B the legal foundation for the trial and execution of Nazi war officials.

Applying the standards of the Nuremberg Charter to the Hiroshima and Nagasaki bombings, one is forced to recognize that the responsible United States officials were, at a minimum, guilty of crimes against humanity and war crimes, and thus punishable as war criminals themselves, even as they were preparing to determine the culpability of defeated Nazi officials (Criminality pp. 70-71).

1945 The Nuremberg Charter, Judgment, and Principles

The Nuremberg Charter (August 8, 1945) is an international executive agreement to which the U.S. government is party. After the Nuremberg International Military Tribunal convicted and sentenced to death major Nazi war criminals for waging an aggressive war, the Nuremberg Charter, Judgment and Principles became a pillar for the post-World War II legal and political world order. The Nuremberg Principles are universally considered to constitute an authoritative statement of the rules of customary international law dictating criminal responsibility for crimes against peace, crimes against humanity, and war crimes. The Charter contains the Nuremberg Code on Medical Experimentation (pp. 15, 54 and 89; Criminality, pp. 70, 90 and 98).

1948 The International Convention on the Prevention and Punishment of Genocide

(p. 97).

1948 The Universal Declaration of Human Rights

AEveryone has the right to life, liberty and security of person... No one shall be subjected to torture, cruel, inhuman or degrading treatment or punishment@ (p. 102).

1949 The Four Geneva Conventions

The Fourth Geneva Convention and its Additional Protocol 1 (1977) define the duties of Abelligerent occupants@ and, inter alia, specify that the constitutional and domestic legal order of the occupied country must be preserved (p. 150).

1965 The International Convention on the Elimination of Racial Discrimination

(p. 114; UN p. 331).

1966 The International Covenant on Civilian and Political Rights (UN p. 331).

1966 The International Covenant on Economic, Social and Cultural Rights (UN p. 331).

1970 The US-USSR Nuclear Non-proliferation Treaty (NPT)

The Treaty between the United States and Russia takes effect for 25 years. It is made permanent in 1995 (Encyclopedia).

1971 The Montreal Civil Aviation Sabotage Convention

The Convention criminalizes the destruction of civilian aircraft while in service (p. 123).

1972 The US-USSR Anti-ballistic Missile Systems Treaty (ABM)

(Criminality p. 48; Encyclopedia).

1972 The Biological Weapons Convention (p. 119).

1973 The Apartheid Convention (p. 114).

1977 Two Additional Protocols to the Geneva Conventions

The Protocols further specify the duties of Abelligerent occupants@ (p. 150).

1979 The Convention on the Elimination of Discrimination against Women (UN p. 331).

1980-88 The Iran-Iraq War

1984 The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UN p. 331).

1989 The Convention on the Rights of the Child (p. 103; UN p. 331).

1991 The Persian Gulf War

1993 The International Criminal Tribunal for the Former Yugoslavia

The Tribunal is established on the basis of the legal core of, and precedent of the Nuremberg Charter, Judgment and Principles (p. 156).

1994 The International Criminal Tribunal for Rwanda

The Tribunal is established on the basis of the legal core of, and precedent of the Nuremberg Charter, Judgment and Principles (p. 156).

1995 The Nuclear Non-proliferation Treaty (NPT) B Renewal and Indefinite Extension

The renewal with indefinite extension of the Treaty is approved by the non-nuclear weapons states party to it, on the express condition of Anegative security assurances@ by the United States (p. 173).

1996 The Comprehensive Nuclear Test Ban Treaty (CTBT)

The Treaty prohibits all nuclear testing, establishes a worldwide network of monitoring stations, and allows for inspection of suspicious sites (p. 119 and Encyclopedia).

1997 The Kyoto Protocol to the United Nations Framework Convention on Climate Change (p. 119 and 188).

2001 The War against Afghanistan

2001 The World Conference against Racism (p. 119).

2002 The International Criminal Court (ICC) (p. 119).

2003 The War against Iraq

PART II: UNITED STATES POLICIES IN SOUTHWEST ASIA

1980-88: The Iran-Iraq War B U.S. ANeutrality@

At the Time of the Invasion (September 1980): President Carter tacitly condoned, if not actively encouraged, the Iraqi invasion of Iran (in the hope that the pressures of belligerency might expedite release of the U.S. diplomatic hostages held by Iran since November 1979) (p. 33).

During the War:

6. ATilt@ toward Iraq: Presidents Carter and Reagan consistently favored Iraq. In 1984, President Reagan let it be known that the U.S. would be prepared to intervene militarily in order to prevent an Iranian victory, and, in 1986, the U.S. actually did so, on the side of Iraq (pp. 36 and 44).

7. The Iran-Contra Scandal: President Reagan=s provision of sophisticated weapons to Islamic fundamentalist groups in Iran (to expedite the release of American hostages held in Lebanon in sympathy with Iran), was a straight arms-for-hostages swap which encouraged Iran to continue its prosecution of the war. The war resulted in a total number of casualties for both sides of 1,000,000 (pp. 16 and 43).

1991: The Persian Gulf War B U.S. war crimes

Offenses:

1. The Nuremberg Crime against Peace: From January 16 to February 27, 1991, the U.S. waged an aggressive war, in violation of international treaties and agreements. The war caused the death of an estimated 62,600 Iraqis (30,000 military; 32,600 civilian). The United States sustained 141 deaths and the United Kingdom, 29, the death ratio between the two sides, therefore, being 62,600 to 170 B or 368 to one (p. 54; Hiro, Iraq, pp. 37 and 39).

The Charter of the Nuremberg International Military Tribunal (1945, Article 6a) defines a Acrime against peace,@ as:

AThe planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing@ (Criminality, p. 70).

2. Nuremberg Crimes against Humanity: The U.S. bombed water treatment plants; it imposed embargoes preventing the shipment of medicines, water purifiers, infant milk formula, food, etc...; it froze Iraqi funds; it prevented international organizations, governments, and relief agencies from providing needed supplies; it failed to meet the urgent needs of huge refugee populations; it subjected Iraq to the heaviest aerial bombardment in world history (pp. 54, 62 and 68).

The Charter of the Nuremberg International Military Tribunal (1945) defines a Acrime against humanity,@ as including, inter alia:

AMurder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war...@ (Article 6c) (Criminality p. 70).

3. Nuremberg War Crimes: The U.S. destroyed civilian facilities in cities, towns and villages. Immediately after the war, more than 100,000 people died of dehydration, dysentery, diseases and malnutrition caused by impure water, inability to obtain effective medical assistance and debilitation from hunger, shock, cold and stress. Later on, the additional death toll due to these causes was estimated at 50,000. The U.S. attempted to kill Iraq=s president, Saddam Hussein (pp. 54, 59-60, 63, 75 and 95-97).

The Charter of the Nuremberg International Military Tribunal (1945, Article 6b) defines a Awar crime@ as including:

AMurder, ill-treatment or deportation (to slave labour or for any other purpose) of civilian population in or of occupied territory; murder or ill-treatment of prisoners of war or persons on the seas; killing of hostages; plunder of public or private property; wanton destruction of cities, towns or villages; devastation not justified by military necessity@ (Criminality, p. 70).

4. Violation of the Hague Regulations on Land Warfare (1907); the Declaration of London on Sea Warfare (1909); the Hague Draft Rules of Aerial Warfare (1923); the Four Geneva Conventions (1949) and their two Additional Protocols (1977): General Normal Schwarzkopf placed Iraqi military casualties at more than 100,000. Large number of these soldiers were Aout of combat@ and therefore not legitimate targets for military attack. The U.S. used fuel air explosives, napalm, cluster bombs and Asuperbombs@; it bombed alleged nuclear sites, chemical plants, dams and other Adangerous forces@; it deployed several hundred nuclear weapons on the scene (pp. 54, 60-61 and 76).

5. The International Crime of Genocide against the People of Iraq: The disproportion in death inflicted on Iraq by the U.S. exceeded 1000 to one. Iraqi casualties totaled approximately 250,000 (100,000 military; 150,000 civilian). The imposed sanctions affected particularly children, a most important part of the Iraqi population B the group which represents its future (pp. 60, 63 and 95-100).

Definition: The International Convention on the Prevention and Punishment of the Crime of Genocide (1948) defines genocide as:

AAny of the following acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, such as:

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.

Forcibly transferring children of the group to another group@ (Article 2) (pp. 97-98).

Criminal Intent: The word Adeliberately@ (above, under c) means that a state or person committing a crime (actus reus) must at the same time possess mens rea (criminal intent) in order to be judged guilty. The U.S. has admitted guilt.

In 1995, the Food and Agriculture Organization (FAO) of the United Nations, estimated that economic sanctions against Iraq had killed about 560,000 Iraqi children since they were imposed, in 1990.

On May 12, 1996, interviewed by Leslie Stahl on the CBS Television Network, then U.S. ambassador to the United Nations, Madeline Albright was asked, AIs the price [of] half a million children [dying] worth it?@ Ambassador Albright=s answer was an AAdmission against Interest,@ revealing intent:

AI think this is a very hard choice, but the choice B we think the price is worth it@ (pp. 18-19).

3. Violation of the Nuremberg Code on Medical Experimentation: The U.S. government forced its own troops to take experimental biological weapons vaccines (an anthrax toxin and a botulin toxin) without their informed consent (pp. 54 and 87).

1990-2003: The Continued destruction of Iraq

1. Sanctions: The 13 years of economic sanctions imposed on Iraq by the United Nations Security Council, acting at the behest of the United States and the United Kingdom, have been genocidal. By the late 1990's, approximately 1,500,000 Iraqi civilians had died, 500,000 of whom were children (p. 116).

2. Continued Bombing: The United States and the United Kingdom bombed Iraq from the end of the 1991 Persian Gulf War to their 2003 War against Iraq, under the pretext of enforcing Ano-fly zones@ for which there was no authorization by the Security Council (p. 127).

3. Part of an AAxis of Evil@: In his January 29, 2002, State of the Union Address to Congress, George W. Bush branded Iraq as part of an Aaxis of evil@ along with Iran and North Korea B thus preparing the way for an aggression against Iraq on the basis of Aanticipatory self-defense@ (pp. 127 and 145).

4. Planning the Nuclear Extinction of Iraq: On March 10, 2002, defense analyst William Arkin leaked the contents of President Bush=s Nuclear Posture Review (NPR) which had been transmitted to Congress on January 8, 2002. The article, in the Los Angeles Times, reveals that Bush has ordered the Pentagon to draw up war plans for the first-use of nuclear weapons against seven states:

a. AThe Axis of Evil States@: Iran, Iraq and North Korea, the latter of which may have nuclear weapons.

b. Non-nuclear States: Libya and Syria.

c. Nuclear States: Russia and China (p. 173; Criminality, p. 210).

2001: The War against Afghanistan

1. The 9/11 Attack: President George W. Bush (after at first calling it a Aterrorist attack@), insisted that the September 11, 2001, attack was Aan act of war.@ Legally, an act of war is a military attack by one nation state against another nation state. This is not what happened on 9/11. Although there is no generally accepted definition of terrorism under international law and practice (because Aone person=s terrorist is another person=s freedom fighter@), under United States domestic law, the act does qualify as an act of terrorism (pp. 122-123).

2. Unauthorized War against Afghanistan: On October 7, 2001, the U.S. attacked Afghanistan without any authorization from the Security Council to use military force for any reason whatsoever against Afghanistan, a U.N. member state. On November 12, the Taliban abandoned Kabul and the next day, the Northern Alliance marched into the Capital. As winter approached, the result was a humanitarian catastrophe for 7,000,000 Afghans, particularly since President George W. Bush ordered Pakistan to close its border with Afghanistan, thereby preventing the necessary transport by land of humanitarian relief supplies (pp. 119, 130 and 134; Hiro, War, pp. 337 and 357-358).

2003: The War against Iraq

1. Invasion of Iraq: On March 19, 2003, the United States attacked Iraq, beginning its war of aggression against it. The first campaign was an attempt to assassinate the country=s president, Saddam Hussein (p. 171).

2. Occupation of Iraq: On May 1, 2003, President Bush announced the Aend of major combat operations,@ placing the United States, along with the United Kingdom, in the legal category of Abelligerent occupant.@ The subsequent Aprivatization@ of the Iraqi economy; the drafting a new constitution for Iraq; the re-writing of Iraq=s laws; the establishment of ad hoc war crimes tribunals; de-Baathification; and the indoctrination Iraqi school children with American propaganda through extensive Areform@ of Iraq=s education system, are all violations of the laws of war and, as such, are war crimes (pp. 150-151).

CONCLUSIONS

1. THE UNITED STATES ACTS WITH INTERNATIONAL LEGAL NIHILISM.

The George W. Bush Administration

President George W. Bush=s relationship to major international agreements, is as follows:

a.. Withdrawal from the Anti-ballistic Missile Systems (ABM) Treaty: On December 13, 2001, Bush announced that the U.S. would withdraw from the US-USSR ABM Treaty (1972) after the required six months expiration period. On January 25, 2001, that is, well before the end of the expiration period, the U.S. conducted a sea-based National Missile Defense (NMD) test, in violation of the Treaty (pp. 138-139; Criminality p. 48).

Threatening Other Treaties: Bush=s withdrawal from the ABM Treaty threatens the very existence of other seminal arms control treaties and regimes which have similar withdrawal clauses, such as:

i. The Nuclear Non-proliferation Treaty (NPT) (1970, 1995).

ii. The Biological Weapons Convention (1972) (p. 139).

c. Opposition to the International Criminal Court (ICC): President Bush vigorously opposes the establishment of an International Criminal Court (2002) (p. 132).

d. Non-party to Major International Human Rights Treaties: President Bush has refused to participate in:

i. The International Covenant on Economic, Social and Cultural Rights (1966).

ii. The Convention on the Elimination of Discrimination against Women (1979).

iii. The Convention on the Rights of the Child (1989) (UN p. 331).

e. Repudiation of the Legal Foundation of World Order: President Bush has repudiated the following:

The Verification Protocol for the Biological Weapons Convention (1972).

The Comprehensive Nuclear Test Ban Treaty (CTBT) (1996).

The Kyoto Protocol to the United Nations Framework Convention on Climate Change (1997).

The World Conference against Racism (2001).

An international convention to regulate small arms trade.

An international convention to reduce smoking (p. 119).

U.S. Administrations

In the past 24 years, U.S. administrations have subverted, undermined or violated all of the other relevant treaties and covenants summarized in Part I of the present document which pertain to Southwest Asia, to wit:

f. The Hague Neutrality Convention (1907).

g. The Hague Regulation on Land Warfare (1907).

h. The Declaration of London on Sea Warfare (1909).

i. The Hague Draft Rules of Aerial Warfare (1923).

j. The Kellogg-Briand Peace Pact (1928).

k. The Stimson Doctrine (1931).

l. The United Nations Charter (1945).

m. The Nuremberg Charter, Judgment, and Principles (1945).

n. The Nuremberg Code on Medical Experimentation (1945).

o. The Genocide Convention (1948).

p. The Four Geneva Conventions (1949).

q. The Two Additional Protocols to the Fourth Geneva Convention (1977).

THE LEADERS OF THE UNITED STATES ARE CULPABLE.

Responsibility of Leaders

The Charter of the Nuremberg International Military Tribunal (1945) provides that leaders, organizers, instigators, and accomplices participating in the formulation or execution of a common plan or conspiracy to commit crimes against peace, crimes against humanity, and war crimes, are responsible for all acts performed by any persons in execution of such plan (Article 6).

The Charter denies the applicability of the Aact of state@ defense to leaders, making it clear that the official position of those who have committed such heinous crimes Ashall not be considered as freeing them from responsibility or mitigating punishment@ (Article 7).

The Charter further specifies that the fact an individual acted pursuant to an order of his government or of a superior, shall not free him from responsibility, but may be considered in mitigation of punishment if justice so requires (Article 8) (Criminality, p. 70).

THE AWAR ON TERRORISM@ COULD DEVELOP INTO A NUCLEAR WAR.

The human race stands on the verge of self-extinction as a species, and with it will die most, if not all forms of intelligent life on the planet earth (Criminality, p. 80).

REFERENCES

All page numbers refer to:

Boyle, Francis, Destroying World Order B U.S. Imperialism in the Middle East before and after September 11 (Clarity, Atlanta, GA), 2004.

Except when specified, as follows:

Boyle, Francis, The Criminality of Nuclear Deterrence B Could the U.S. War on Terrorism go Nuclear? (Clarity, Atlanta, GA), 2002.

Columbia Encyclopedia, 6^th Edition (Columbia University/Gale Group, New York, N.Y.), 2000.

Hiro, Dilip, War without End B The Rise of Islamist Terrorism and Global Response (Routledge, New York, N.Y.), 1988/1989/2002.

Hiro, Dilip, Iraq in the Eye of the Storm (Thunder=s Mouth/Nation Books, New York, N.Y.), 2002.

United Nations Human Development Programme, Human Development Report 2003 B Millennium Development Goals, A Compact among Nations to end Human Poverty, (Oxford University Press, New York, N.Y.), 2003.

Van Creveld, Martin, The Transformation of War (Free Press, New York,. N.Y.), 1991.

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