U.S. Wars: Are They Lawful?

U.S. Wars: Are They Lawful?
By David Swanson – Global Research, 12 November, 2012

Remarks at the biennial general meeting of the War and Law League in San Francisco on Armistice Day 2012.

I’ll try briefly to make five points.

First, there are clear laws on the books that make U.S. wars unlawful, along with U.S. threats of war and U.S. propaganda for war. The laws are either forgotten, ignored, evaded, or cleverly reinterpreted to reverse their meaning. But they could be enforced someday.

Second, U.S. wars are evolving in ways that make them violate additional laws without bringing them into compliance with any of the laws already violated.

Third, participants in U.S. wars face occasional prosecution at home or abroad for their specific actions, although those actions do not stray from the basic purpose of the wars.

Fourth, other nations are prosecuted for or would be prosecuted if they attempted the same behavior engaged in by the United States.

And Fifth, U.S. wars are launched and conducted by officials elected in an illegitimate system dominated by open bribery.

On the original Armistice Day in 1918, much of the world ended a four-year war that served no useful purpose whatsoever while costing the lives of some 10 million soldiers, 6 million civilians, 21 million soldiers wounded, an outbreak of Spanish influenza that took another 100 million lives, environmental destruction that is ongoing today, the development of new weapons — including chemical weapons — still used today, huge leaps forward in the art of propaganda still plagiarized today, huge setbacks in the struggle for economic justice, and a culture more militarized, more focused on stupid ideas like banning alcohol, and more ready to restrict civil liberties in the name of nationalism, and all for the bargain price, as one author calculated it, of enough money to have given a $2,500 home with $1,000 worth of furniture and five acres of land to every family in Russia, most of the European nations, Canada, the United States, and Australia, plus enough to give every city of over 20,000 a $2 million library, a $3 million hospital, a $20 million college, and still enough left over to buy every piece of property in Germany and Belgium. And it was all legal. Incredibly stupid, but totally legal. Particular atrocities violated laws, but war was not criminal.

The Outlawry Movement of the 1920s — the movement to outlaw war — sought to replace war with arbitration, by first banning war and then developing a code of international law and a court with the authority to settle disputes. The first step was taken in 1928 with the Kellogg-Briand Pact, which banned all war. Today 81 nations are party to that treaty, including ours, and many of them comply with it. I’d like to see additional nations, poorer nations that were left out of the treaty, join it (which they can do simply by stating that intention) and then urge the greatest purveyor of violence in the world to comply.

It’s easier to comply with the U.N. Charter because of the two big loopholes it opened up, allowing wars that are either defensive or simply U.N. approved. As you know, the United States fights wars against unarmed impoverished nations halfway around the planet and calls them defensive. The U.S. fights wars never approved of by the U.N. and claims that they were. When the United States chose never to end World War II, never to demilitarize, de-tax, or de-mobilize, when the U.N. Charter, NATO, the Geneva Conventions, and the CIA made war normal and supposedly civilized it, we lost the ability to think of abolition, or even to award Nobel prizes to those who worked for it. However, the U.N. Charter made threatening war illegal, and while the Kellogg-Briand Pact is forgotten, the U.N. Charter must be intentionally ignored, as the United States is constantly threatening wars.

There has been an International Criminal Court for 10 years now, but it only prosecutes particular atrocities, and only those committed by Africans. The idea seems to be that African war makers should get civilized and learn to melt the skin off children and radiate neighborhoods and burn down houses the way the enlightened war makers do. The ICC is years away from possibly prosecuting the crime of making war, and then only for nations that have chosen to subject themselves to its authority, only in cases approved of by the permanent members of the U.N. Security Council, and only in cases of aggressive war (as if there were some other kind).

Since 1976, the International Covenant on Civil and Political Rights has made war propaganda illegal. The argument that our First-Amendment right to freedom of the press and of speech overrides this is severely weakened, I think, by the fact that our major media outlets routinely shut out the viewpoints of the vast majority of us, to the point where people holding majority opinions on most political questions can be expected to believe they are part of a small minority. If we had freedom of the press we would have the ability to effectively counter war propaganda. As it is, we largely lack that freedom, and war propaganda is so pervasive we barely recognize it. …more