France and Antisemitism

From Denmark, Holger Terp sends "Meaningless terms":  John Wonder wrote:  What on earth does Carmen Negrin mean by an "illegal war"? I wish people would stop throwing around these meaningless terms. Holger comments:  Is the use of violence a crime? When a crime is committed, the victim calls after the police.  Is the use of violence in war a crime against humanity? When a war breaks out international law is called upon.  What makes a war an illegal war in international law?
 
1) Declaration on the Right of Peoples to Peace, 1984 and the Declaration on Social Progress and Development, 1969.
2) The Briand-Kellogg Treaty,1928,
Charter of the United Nations 1945 and Declarations of acceptance of the obligations contained in the Charter of the United Nations.
3) The Nuremberg Principles 1946:
 
• Principle I: Any person who commits an act which constitutes a crime under international law is responsible, and therefore liable to punishment.
• Principle II: The fact that internal law does not impose a penalty for an act which constitutes a crime under international law does not relieve the person who committed the act from responsibility under international law.
• Principle III: The fact that the person who committed an act which constitutes a crime under international law acted as Head of State or responsible government official does not relieve him from responsibility under international law.
• Principle IV: The fact that a person acted pursuant to order of his Government or of a superior does not relieve him of responsibility under international law, provided that a moral choice was in fact possible for him.
• Principle V: Any person charged with a crime under international law has the right to a fair trial on the facts and law.
• Principle VI: The crimes hereinafter set out are punishable as crimes under international law:
 
a. Crimes against peace:
(i) Planning, preparation, initiation or waging of war of aggression or a war in violation of international treaties,
agreements or assurances;
(ii) Participation in a common plan or conspiracy for the accomplishment of any of the acts mentioned under (i).
b. War crimes: Violations of the laws or customs of war which include, but are not limited to, murder, ill-treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns or villages, or devastation not justified by military necessity.
 
c. Crimes against humanity: Atrocities and offenses, including but not limited to, murder, extermination, deportation, imprisonment, torture, rape, or other inhumane acts committed against any civilian population, or persecutions on political, racial or religious grounds, whether or not in violation of the laws of the country where perpetrated.
 
• Principle VII: Complicity in the commission of a crime against peace, a war crime, or a crime against humanity as set forth in Principle VI is a crime under international law.

RH: The US has not endorsed all these laws. Now, after refusing to play by the rules of the game, it is calling on European states to help in Iraq.  A rebuttal was to be expected. I have not seen a detailed study of the US status regarding these various pacts. Frank Kellogg, Secretary of State from  1925 to 1929, was a prominent Republican. His greatest triumph was the Kellogg-Briand Pact signed by 62 nations (1928), which renounced  war as an instrument of international policy. Kellogg received the Nobel Peace Prize in 1929 and became a judge of the Permanent Court of International Arbitration. The preventive war of President Bush was a violation of the pact and a repudiation of the Republicans who sponsored it. I have seen no reference to it in arguments about the Iraq war. This may be just plain ignorance of history, but ignorance is no excuse in law.  The Republicans may choose to ignore the pact, but I am surprised that the Democrats do not bring it up and hoist the Republicans on their own petard. Ignorance is widespread, but surely a scholarly Democrat like Hank Greely could remind them of it. It would add an arrow to their elections quiver and it would make the Republicans quiver.

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