[NYTr] Many In US Don't Realize Iraq War Is Illegal

Posted on Wednesday, October 17 at 15:31 by hjbald
By attacking Iraq, Bush violated the Hague Conventions of 1899 and 1907, the Kellogg-Briand Peace Pact of 1928, the UN Charter, the Tokyo War Crimes Tribunals, and the Nuremberg Charter, Judgment and Principles, Boyle said. As all treaties become the supreme law of the land under Article VI of the U.S. Constitution, the Bush-Cheney presidency is guilty of breaking all of the above, warmongering in spades. In testimony defending U.S. soldiers who have refused to fight in Iraq, Boyle noted that, under Nuremberg, "a soldier has a right to absent himself or herself from committing international crimes." In short, if given a criminal order, the defense used by Adolf Eichmann, Hitler's master killer, that he was only doing his job, is a phony. Boyle testified that First Lt. Ehren Watada had the right, "if not the obligation," to say, "I don't want to participate in this." Watada faced an army court martial for not deploying with his unit for Iraq. Watada won a victory when the judge ruled a mistrial. Boyle believes, "A soldier has an obligation to disobey illegal orders," which he says is printed in black-and-white in the Army's Field Manual(AFM) 27-10. Without Security Council authority, President Bush's war is "a crime against peace," Boyle says. That's also written in paragraph 498 of the AFM. "Any person, whether a member of the armed forces or a civilian, who commits an act which constitutes a crime under international law is responsible therefore and liable to punishment (as)...crimes against peace," the AFM reads. This broad definition would seem to include trigger-happy private contractors in Iraq.And since the U.S. has committed war crimes in Iraq, U.S. soldiers are legally within their rights not to serve there, Boyle said. http://www.opednews.com/articles/genera_sherwood_071013_many_americans_don_t.htm

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