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War leaders may face war crimes charges
(Al Jazeera, 25 March 2003)
The majority of international law experts say that the US, Britain and Australia are acting in breach of global legal instruments in attacking Iraq without a United Nations resolution, and risk facing serious criminal charges. . . . The countries taking part in the war against Iraq are in breach of international law because they are acting without a further Security Council Resolution, argues British lawyer, Rabinder Singh. . . . Ramsey Clark, the former US Attorney General, is also on record as saying that "a military attack on Iraq is obviously criminal; completely inconsistent with urgent needs of the peoples of the United Nations; unjustifiable on any legal or moral ground; irrational in light of the known facts; out of proportion to other existing threats of war and violence; and a dangerous adventure risking continuing conflict throughout the region and far beyond for years to come." . . . "Before the US government can claim to be acting in self-defence, it must present compelling evidence that terrorist groups linked to Hussein, or Hussein himself, are both willing and able to launch an imminent attack on the American homeland," Professor Bruce Ackerman, Sterling Professor of Law and Political Science at Yale. . . . This is not just a theoretical legal debate. The legality, or lack of it, may have very serious consequences for political and military leaders in the US, UK, and Australia. A group of US law professors opposed to a possible war on Iraq warned US President George W. Bush in February that he and senior government officials could be prosecuted for war crimes. . . . Canada-based Lawyers Against the War said in its letter dated 20 January 2003 that they "will pursue all responsible government officials on charges of murder and crimes against humanity in both the Canadian and the international criminal courts." . . . But Michael Ratner, president of the Centre for Constitutional Rights, one of the leading signatories to the letter to Bush said although Washington was not a party to the ICC, United States' officials could still be prosecuted under the Geneva Convention. "War crimes under that convention can be prosecuted wherever the perpetrators are found."
posted by Lorenzo 12:49 PM
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