The U. S. Constitution, Art. VI, para. 2, makes treaties adopted by the U.S. part of the “law of the land.” Thus, a violation of the U. N. Charter, Hague IV, Geneva Conventions, etc. is also a violation of U.S. federal law.
U.S. Federal Law 18 U.S.C. § 2441 (War Crimes Act of 1996) makes committing a war crime, defined as: “…a grave breach in any of the international conventions signed at Geneva 12 August 1949, or any protocol to such convention to which the United States is a party…” punishable by fine, imprisonment, or death.
And the following treaties and charters which define: wars of aggression, war crimes, crimes against peace and crimes against humanity:
Laws and Customs of War on Land (Hague IV)
Art. 55. The occupying State shall be regarded only as administrator…of public buildings, real estate, forests, and agricultural estates belonging to the hostile State, and situated in the occupied country. It must safeguard the capital of these properties, and administer them in accordance with the rules of usufruct.
U.N. Gen. Assembly Res. 3314
Defines the crime of aggression as “... the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State…or in any other manner inconsistent with the Charter of the United Nations…”
Nuremberg Tribunal Charter
Principle VI: “The crimes hereinafter set out are punishable as crimes under international law:
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The Uniform Code of Military Justice (UCMJ) 809.ART.90 (20), makes it clear that military personnel need to obey the "lawful command of his superior officer," 891.ART.91 (2), the "lawful order of a warrant officer", 892.ART.92 (1) the "lawful general order", 892.ART.92 (2) "lawful order". In each case, military personnel have an obligation and a duty to only obey Lawful orders and indeed have an obligation to disobey Unlawful orders, including orders by the president that do not comply with the UCMJ. The moral and legal obligation is to the U.S. Constitution and not to those who would issue unlawful orders, especially if those orders are in direct violation of the Constitution and the UCMJ.
Among the international laws and treaties that a U.S. pre-emptive attack on Iraq may violate are: ...
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