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.
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