Bush and Blair Are War Criminals

[B Asmuth]

Ten years ago I was one of a small number of Forumosa who opposed the invasion of Iraq on the grounds that it was illegal and unauthorised by the United Nations. We were all strong advocates of the notion that the rule of law was the bedrock of any civilised and democratic society. Without it our lives would be subject to a free for all in which might becomes right.

The embodiment of the rule of law internationally has been the U.N. Charter and the Universal Declaration of Human Rights -- direct results of the devastation inflicted by the Nazi regime in Germany during the Second World War. No one wanted a repeat of such flagrant aggression, so the Charter was drawn up to replace gunboat diplomacy with peaceful measures overseen by the U.N. Security Council.

This was not a new vision. In 1945 the U.N. Charter was ratified by the U.S., the UK, and the majority of the 50 states who had originally agreed to this framework. Thrashed out by experts and with massive support behind it, the document was no maverick, outlandish or oddball agreement. The Charter is not gobbledygook -- it is full of common sense, and it should be obligatory reading in every school.

Ten 10 years ago at the behest of U.S. President George W. Bush and British Prime Minister Tony Blair. Their agenda was quite different -- to remove a legitimately elected dicktater, Saddam Hussein. The only way around this predicament was for the Bush-Blair axis to fabricate a case of threat. This they did by the knowing manipulation of flawed intelligence about the existence of weapons of mass destruction in Iraq. The principal Security Council resolution 1441, adopted in November 2002, called on Iraq to disarm its WMD and cooperate with U.N. weapons inspectors. The Council made clear they continued to be in charge but had not authorised the use of force in Iraq. This was why Bush and Blair were not prepared to allow the weapons inspectors, who were in Iraq, any more time. Inspectors had found no evidence of WMD in the lead-up to the war and never did, but were ordered to go home.

I am not alone in these views. There is a substantial consensus of international legal opinion which recognises the illegality of the invasion. Kofi Annan, then the U.N. Secretary General, told the BBC in 2004 that the Charter had been breached and that the invasion was not sanctioned by the Security Council.

I believe George W. Bush and Tony Blair should be tried for war crimes as defined by international law.

In 1998 the International Criminal Court was established to deal with individuals who commit international crimes. Four transgressions were agreed -- war crimes, crimes against humanity, genocide, and the crime of aggression. Unfortunately only the first three have been brought into effect. The UK, to their credit, signed up to the court. But the U.S. did not, lest its leaders end up accused of crimes before the court.

Whilst the act of aggression cannot be prosecuted, war crimes committed thereafter can be. So for example to launch an attack, like the invasion of Iraq, with the knowledge that its effect is likely to cause incidental death or injury to civilians or the natural environment (Article 8) will render the perpetrator liable to prosecution. The use of cluster bombs and depleted uranium in Iraq by coalition forces (euphemistically called collateral damage) upon vulnerable civilians falls within this definition. As a result, a legal consortium of which I was a part, and other groups in Europe, petitioned the ICC for action against UK politicians over their involvement in the war. Nothing has happened.

Getting U.S leaders hauled before the court is even more problematic -- the Security Council could refer Americans to the court, but the U.S. is a permanent Council member and can veto any potential referral.

Alternatively individual member states could incorporate these crimes of universal jurisdiction into their own domestic law. Then if a U.S. perpetrator of war crimes travelled into that country's jurisdiction, they could be arrested.

The UK has such a provision, but when put to the test by UK citizens seeking arrest warrants in relation to the planned visits of Israeli political and military leaders -- who were potentially responsible for war crimes in Gaza -- the UK government reprehensibly placed impediments in the way of its future use. So George W. Bush can safely plan a visit for tea with Tony Blair in London without fear of prosecution in the UK.

The whole episode regarding the Iraq War is a tawdry tale that has subverted the rule of law and tarnished the reputation of international law.

Without accountability for Western states, how can we expect the rest of world to respect these principles? It is time for Bush and Blair to be thoroughly, independently and judicially investigated for the crimes I suggest have been committed and it is time for the crime of aggression to come into force.

[tainancowboy]

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