The law relating to the Iraq issue

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As an introduction I will do my best to provide a brief outline of what behaviour constitutes crimes in terms of the international law. This will be posted as a three part series.

Crimes against the peace

This crime was first established during the Nuremberg Trials in which Nazi leaders were prosecuted for crimes that was committed during World War 2.

Under the Nuremberg Principles, the supreme international crime is that of commencing a war of aggression, because it is the crime from which all war crimes follow. The definition of such a crime is planning, preparing, initiating, or waging a war of aggression, or a war in violation of international treaties, agreements, or assurances. Also, participating in a common plan or conspiracy for the accomplishment of any such act constitutes such a crime. Refer to the definition and summary provided by Wikipedia.

To plan, conspire, prepare, initiate and/or wage a war of aggression or a war in violation of international treaties, agreements or assurances against another sovereign state is the supreme crime in terms of international law. During the Nuremberg Trials Von Ribbentrop was for instance convicted and executed for this crime.

Consider the diplomatic efforts within the UN and the passing of Resolution 1441. Take into consideration the investigations and reports by Hans Blitz, UN Chief Weapons Inspector with between 800 and 1000 inspectors and Mohammad Al Baradei, Chief of the International Atomic Energy Agency. Further take into account the highly unconving statements by people like President George W Bush, Dick Cheney, Colin Powell (Remember his address of the UN Security Council?), Tony Blair, etc and consider, against the outline of the international law provided above, whether a prima facie case exists of a crime against the peace being committed.

Also read the Articles of Impeachment of Pres George W Bush, Vice-President Richard B Cheney, Secretary of State Condoleezza Rice, Secretary of Defense Donals H Rumsfeld and Attorney General Alberto Gonzales in ImpeachBush for some more background.

J. C. Grobler, administrator


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The Village voice

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Readers are kindly referred to the very compelling article written by Nat Hentoff and published on 28 Agust 2007 in the Village Voice.

J C Grobler, administrator.

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THE IRAQ WAR: A TEST FOR HUMANITY

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During judgment in the Nuremberg trials of Nazi war criminals  the following statement was made:  To initiate a war of aggression is not only an international crime; it is the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole.” The US participated in these trials and its team was lead by judge Robert Jackson. It is he, who in his summation said “…  Von Ribbentrop admits the use of the “diplomatic lie.” Keitel advised that the facts of rearmament be kept secret so that they could be denied at Geneva. Raeder deceived about rebuilding the German Navy in violation of Versailles. Goring urged Ribbentrop to tell a “legal lie” to the British Foreign Office …..” 

Can we neglect to investigate the “diplomatic lie” of the “legal lie” preceding the Iraq War?  Should we neglect to make criminal enquiry into this incidence just because the perpetrators of this alleged crimes are the United States of America and the United Kingdom? Does not this hypocrisy make a mockery of whatever so-called International justice we undertook up to now? Does it not render the execution of Nazi criminals, Sadam Hussein and others as unadulterated murder of the vanquished? 

In regard to the value of these proceedings we again wish to refer to what Robert Jackson said in his final summation: “I personally regard the conviction and sentence of individuals as of secondary importance compared with the significance of the commitments of the four nations to the proposition that wars of aggression are criminal and that persecution of conquered minorities on racial, religious or political grounds is likewise criminal.”  This today equally applies to the participation of the global community in these proceedings.  

Finally I refer to the closing argument by US Judge Jackson in a Nuremburg trial:

“It is against such a background that these defendants now ask this tribunal to say that they are not guilty of planning, executing, or conspiring to commit this long list of crimes and wrongs. They stand before the record of this trial as bloodstained Gloucester stood by the body of his slain king. He begged of the widow, as they beg of you: “Say I slew them not.” And the Queen replied, “Then say they were not slain. But dead they are…” If you were to say of these men that they are not guilty, it would be as true to say that there has been no war, there are no slain, there has been no crime”.

J.C.Grobler, Administrator.

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War Crimes and Crimes Against Humanity

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On national levels we may not in all instances succeed in providing this goodness and fairness to all of our countrymen and women. Through our law schools, judicial institutions, legal administrations and professions we however actively aspire to it.


On an international or global level justice is a matter of political convenience guided by national self-interest. There is a void within which anyone with power, influence or money are free to start or instigate wars, demolish infra structure, kill and maim innocent men, women and children and exploit humans to a point of extinction. Criminals parading as politicians, diplomats, government officials and corporate leaders – all protected by the power and influence gained from ordinary people - commit the most unthinkable, heinous and ghastly acts against humans and escape with impunity. We, ordinary people, believe that Good will always be victorious over Evil and we naïvely wait for Justice to be done. Sometimes the vanquished will be offered to keep us satisfied. But in regard to those in power and riches nothing happens because the priorities and interests of the people running our world are centered around power and money. Justice is only a matter of convenience.
We are continuously reminded that we now live in the ‘global village’ Nobody however explains how this (or any other community for that matter) can survive without any justice system. We are constantly reminded of the starvation, lack of education, child soldiers, etc. Someone still needs to recognize that this is the symptoms of a society within which Justice has failed us. It is this very failure of Global Justice that lies at the root of international terrorism. If you are faced by evil without any hope of Justice, what alternatives do you have? But this is all to change. We revolt! No longer will I look at scenes of innocent people being killed, blown-up and mutilated; their worlds and livelyhood being destroyed – while I do nothing! We urge Humanity to rise and say “No more!” From now on we shall do Justice and those are responsible for these atrocities will pay severely.

To start this revolt we will criminally prosecute George W Bush, Tony Blair and members of their cabinets and general staff and every soldier executing an unlawful order for the crimes committed in

Iraq. With or without their attendance and participation, they will be tried and (if convicted) be the first examples of the retribution Humanity is capable of. They will be marked as the arch criminals they are. They and anyone associating with them will be astrasized, vilified and isolated. We will disassociate with and despise them. As in

Africa, everyone will spit on the ground when seeing them! No one will do business with them. Until such time as they are tried in internationals criminal court, they will be persona non grata and treated as outlaws and escaped convicts.

We therefore: 

invite jurists from all over the world to register and show their support and solidarity with this cause

invite members of the public, the news media, welfare/charity and humanrights organisations to join in and support our cause. Let’s show evil that Good has arisen and that Justice shall in future prevail.

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Hello world!

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Welcome to WordPress. This is your first post. Edit or delete it, then start blogging!

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