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   The Military Commissions Act of 2006, signed into law by President George W. Bush, retroactively granted blanket immunity to all U.S. military personnel who have committed war crimes under the Geneva Convention. Such immunity extends to present and future war crimes as well. The United States is now officially harboring and supporting war criminals. In the context of international law, the United States has effectively declared itself to be a criminal state that respects no international law.

   Equally frightening is that the new Act totally nullifies civil courts and makes it illegal for the judicial branch of government to interfere with the imprisonment and torture of anyone deemed an enemy by the President, thus affecting a dangerous power shift from the judicial branch of government to the executive branch.

      The capitalist cabal that seized political and economic control over America in the early decades of the twentieth century has committed and is continuing to commit international war crimes. We must determine to what extent specific groups of Americans are culpable for these war crimes and what actions should be taken to bring these international war criminals to justice.

      In this essay we'll concentrate on war crimes committed by Americans, while gaining historical perspective from a critical analysis of worldwide war crime trials and their legal underpinnings.

      War crimes trials are trials of persons charged with criminal violation of the laws and customs of war and related principles of international law. The first war crime trial in the modern era was held after World War I, when specific German leaders were tried by a German court in the Leipzig War Crimes Trial for crimes committed during that war.

      "During the First World War, the Allied leaders came up with a new concept, that as soon as their victory was achieved, defeated enemy leaders should face criminal charges for international law violations made during the war. On 25 January 1919, during the Paris Peace Conference, the Allied governments established the Commission of Responsibilities to make recommendations to that effect. As a result, articles 227-230 of the Treaty of Versailles stipulated for the arrest and trial of German officials defined as war criminals by the allied governments. Article 227 stipulated for a special tribunal to be established, presided by a judge from each one of the major allied powers - Great Britain, France, Italy, United States and Japan. It also defined the former Kaiser Wilhelm II as war criminal and demanded an extradition request to be addressed to the Dutch government, which had given him asylum in Holland since he abdicated in November 1918. Article 228 allowed the Allied governments to try in their military tribunals any German war criminal they deemed necessary, notwithstanding any proceedings taken against the same persons in German courts. The German government was demanded to comply with any extradition order issued by the Allied powers to that effect.
"Following the conclusion of the treaty, the Allied government began their legal and diplomatic efforts to bring the former Kaiser to justice. On 28 June 1919, the same day the treaty was signed, the President of the Paris Peace Conference addressed a diplomatic note to the Dutch government, requesting the extradition of the ex-Kaiser. On 7 July came the Dutch reply that any extradition of the former Kaiser would be a violation of Dutch neutrality. Eventually the issue of trying the ex-Kaiser was dropped, and he remained in Holland until his death on 4 June 1941. In addition, the German government refused to extradite any German citizens to Allied governments, and suggested instead to try them in the German justice system, i.e. the German Supreme Court in Leipzig. This the Allied leaders accepted, and handed the German government a list of 45 persons to be tried."   1

      At the end of World War II there was a great rift between Britain and America over whether there should be war trials at all. Churchill simply wanted to round up the top seventy Nazis and summarily execute them. Churchill and his British followers claimed that national courts couldn't legally and competently manage international war crimes trials. Such trials, they said, would provide a soapbox for the defeated Nazis. Churchill and the English fought vehemently against any idea of an international criminal court or even an Allied criminal court.

      Fortunately, President Harry Truman believed in what he called "the benevolent power of law and the wisdom of judges."

      Justice Robert H. Jackson wrote an answer to Churchill's demand that there be summary executions:

". . . Undiscriminating executions or punishments without definite findings of guilt, fairly arrived at, would violate pledges repeatedly given, and would not sit easily on the American conscience or be remembered by our children with pride. The only other course is to determine the innocence or guilt of the accused after a hearing as dispassionate as the times and horrors we deal with will permit and upon a record that will leave our reasons and our motives clear."

      Justice Jackson's statement received the support of Truman. That was the basis on which the Americans adopted their position that there must be a fair trial of Axis war criminals. The deciding vote came down to Stalin. Stalin wanted show trials, because they could end with all plaintiffs being legally executed. For that spurious reason he cast his vote with Truman and over British objections the war crimes trials proceeded.

      Trials of German and Japanese leaders were held in courts established by the victorious Allied nations. The most important of these trials were held in Nuremberg, Germany, under the authority of two legal instruments:

  • The so-called London Agreement, was signed by representatives of the United States, Great Britain, France, and the USSR in London on August 8, 1945

  • Law No. 10, was promulgated by the Allied Control Council in Berlin on December 20, 1945

      The London Agreement provided for the establishment of the International Military Tribunal, composed of one judge and one alternate judge from each of the signatory nations, to try war criminals. Under the London Agreement, the crimes charged against defendants fell into three categories:

  1. Crimes against peace, that is, crimes involving the planning, initiating and waging of aggressive war

  2. War crimes, that is, violations of the laws and customs of war as embodied in the Hague Conventions and generally recognized by the military forces of civilized nations

  3. Crimes against humanity, such as the extermination of racial, ethnic, and religious groups and other such atrocities against civilians

      Though there were negative features included in the Nuremberg trials, the death penalty, for example, the positive result of Nuremberg can never be gainsaid: it set an international principle that legal conviction for crimes against humanity and war crimes removes the traditional defense of sovereign immunity. Obedience to orders from political leaders is no defense. International law has a duty to punish those who are convicted of war crimes.

      America and many other nations have ignored the Nuremberg precedent for over 50 years. The United States, under the iron grip of the capitalist cabal, has done no more than sign convention after convention--without ratifying or enforcing them. Since Nuremberg, many horrendous instances of genocide have occurred--the killing fields of Rwanda and Bosnia being just two examples--that have gone completely unindicted and unpunished.

      The US government has abrogated its pledge to such international pacts as the Geneva Convention, just as it has annulled major elements of the U.S. Constitution. It refuses to ratify the International Criminal Court, using the spurious excuse that American political and military personnel should not be tried as war criminals by other nations.

Are You A War Criminal?

      German citizens after World War II were differentially deemed culpable for the horrendous crimes of the Nazi regime. For example, after Germany's defeat, members of the Nazi party who had been extermination camp guards, were forced to bury holocaust victims. The German people, as a whole, was judged to be partially responsible for the war crimes of the Nazi regime. In precisely the same manner, American citizens are responsible for understanding and working against the murderous, criminal acts of the capitalist cabal that now controls our nation.

      Like citizens of all nations, Americans are responsible for what's going on in our society. We can't plead ignorance or impotence. We're supposed to know what's going on in America and it's our responsibility to uphold the positive aspects and rid ourselves of the murderous aspects. If we willingly participate in the crimes against humanity being perpetrated by the capitalist thugs who are now running our government, then we're guilty of those war crimes just as much as the members of the cabal.

      As we've seen, American leaders (especially the Bush family), the Vatican (corcordat with the Nazis), American corporations, and others were all complicit in creating the Nazi horror, as the defense attorney in the movie "Judgement At Nuremberg" pointed out.

     The capitalist cabal has continually been involved in war crimes (Panama, Gulf War, 9/11, Iraq, Libya, Syria, torture, etc.) and has been complicit in encouraging Israel's war crimes against the Palestinian people, just as some Arab states are encouraging Palestinian terrorists to commit war crimes in their suicide bombings.

     Former Presidents Bush I and II and other United States leaders committed war crimes against Iraq (during and following the Gulf War) and Yugoslavia (in the invasion of Kosovo) and are still under indictment with the International War Crimes Tribunal.

Kissinger, indicted as war criminal

Former Secretary of State Henry Kissinger was able to dodge a standing subpoena ordering him to appear before a Paris judge investigating crimes by the Kissinger-backed Pinochet regime in Chile.

It's possible that American leaders at any level could at some time in the future be brought before an international war crimes tribunal for those criminal acts. No excuses would be allowed as mitigating circumstances.

     Obama, Holder, Kerry, Hillary Clinton, and the other members--and previous members--of the Obama administration tried to frighten Americans by telling us that we were traitors if we criticized their actions. On the contrary, they were traitors to the American tradition of democracy in trying to suppress honest citizens' thought and dissent. It's possible the tables may be turned, as in post-World War II Germany: the leaders who forced obedience to criminal acts could, at some future date, be put on trial for crimes against humanity!

the Justice Trials court      You could, sometime in the future, be put on trial for FAILING to fight against the crimes against humanity that the cabal and its Bush, Clinton, and Obama administrations have perpetrated. You certainly are complicit in the cabal's destruction of constitutional freedoms if you fail to speak out against it and work in any way possible against these and other criminal acts:

  • Their creation of a military dictatorship through passage of the National Defense Authorization Act (NDAA) of 2012

  • Their allowing the NSA, CIA, the FBI, and other intelligence agencies to spy on American citizens (tapping phone lines, seizing property based on trumped-up charges, monitoring internet usage, and on and on)

  • Their deliberate, unabashed destruction of worker's rights and welfare in acting for big-money interests (e.g. health insurance companies, agribusinesses, Afghan pipeline interests, banksters' bailouts)

protecting liberty from tyranny       In a country such as America, it's the responsibility of citizens to inform themselves and to struggle against all encroachments of constitutional liberties. If some people are too unintelligent or morally deficient to see the tyrannous acts of the cabal and its selected politicians and financiers, if some people are too cowardly to stand against those acts, it's still your individual responsibility as an American citizen to try to reinstate the principles of democracy on which this nation was founded.

Levels of Responsibility and Culpability

(Click on images and text)

Highest Level of Culpability and Guilt: Capitalists Who Concoct Wars to Reap Profits

Pope Francis:
War Criminal

German Capitalists

American Capitalists

The Bushes and Others Who Created Hitler

Second Level of Culpability and Guilt: Lackeys Who Willingly Do the Bidding of Capitalists

UN and CFR Stooge,
Angelina Jolie

Isreali War Crimes

The Capitalist Press

Third Level of Culpability and Guilt: Persons Who Abet Capitalist Crimes Through Deliberate Stupidity

Tea Party Scam

The Responsibility to Resist

Avoiding Culpability

Informing Ourselves

      One of the most productive ways to inform ourselves about what's happening in the world--while developing a personal involvement in world trends--is to view specific transformative movies and read illuminating novels, while studying an analysis of their meaning and import. We're so close to what's going on that it's sometimes helpful to step back and look at current events from a larger perspective. These eight artistic works can help us understand what's presently happening and how we can respond intelligently.

(Click on the image to link to the essay)

Overcoming Tyranny Through Creative Action

      Along with understanding world tyranny, it's essential to respond actively in a manner that exposes the hidden aspects of murder and injustice while at the same time joining with others to conceptualize and actualize structures that will allow for the harmonious development of all participants within a new commonwealth community.

      We can bring about these changes by joining with thinking citizens worldwide in specific initiatives such as:

      "It is the first responsibility of every citizen to question authority."

Benjamin Franklin


1 Wikipedia entry on the Leipzig War Crimes Trial