America’s Endless Air Wars. Extensive US and Allied Aerial Bombardments across the Middle East
But U.S. war-making is not just dangerous and irrational. It is also a crime. The judges at Nuremberg defined aggression, attacking or invading other countries, as the “supreme international crime, differing only from other war crimes in that it contains within itself the accumulated evil of the whole.” The UN Charter goes one step further and prohibits the threat as well as the use of force.
Benjamin Ferencz, the only surviving member of the prosecution team at Nuremberg, is a fierce critic of illegal U.S. war-making. In response to U.S. war crimes in Vietnam, he dedicated the rest of his life to establishing an International Criminal Court (ICC) that could prosecute senior officials of any government who commit aggression and other war crimes.
Ferencz is hailed as the founding father of the ICC, but his vision of “Law Not War” remains unfulfilled as long as his own country, the United States, refuses to recognize the jurisdiction of either the ICC or the International Court of Justice (ICJ).
By rejecting the jurisdiction of international courts, the U.S. has carved out what Amnesty International has called an “accountability-free zone,” from which it can threaten, attack and invade other countries, torture prisoners, kill civilians and commit other war crimes with impunity.
U.S. government lawyers enjoy the privilege, unique in their profession, of issuing legally indefensible but politically creative legal cover for war crimes, secure in the knowledge that they will never be forced to defend their opinions before an impartial court.
Ben Ferencz very graciously wrote a preface to my book, Blood On Our Hands: the American Invasion and Destruction of Iraq, and he spoke at an event with me and David Swanson in 2011, just before his 91st birthday. Ben talked about Nuremberg and the ICC, and he compared U.S. justifications for its “preemptive” illegal war-making to the defense offered by SS Gruppenfuhrer Otto Ohlendorf at Nuremberg.
As Ben explained, “That Ohlendorf argument was considered by three American judges at Nuremberg, and they sentenced him and twelve others to death by hanging. So it’s very disappointing to find that my government today is prepared to do something for which we hanged Germans as war criminals.”
If we do not hold American war criminals accountable for their crimes, and accept the jurisdiction of international courts to do so if we do not, how else can we serve notice on those who come after them that they must never do this again?