Any Lawyer-Types Out There?

Well, we all know that treaties entered into by the United States supercede the U.S. constitution. This includes the UN Charter, yes yes, and the UN Charter explicitly forbids invading another country without prior authorisation from the Security Council. In fact, even if the Security Council does authorise force, the measures are to be taken by the Security Council itself, using forced made available to it by member nations.

Notwithstanding the Bush team's bizarre admonitions that if the Security Council faces a test of "relevance", it's perfectly obvious that a unilateral U.S. (oops, "coalition of the willing") attack upon Iraq would be a major violation of International Law. Indeed, some have even warned that United States that it won't get away with a unilateral military action this time. (Can't you just feel Colin Powell quaking in his boots?)

But here legitimate questions do arise.

First, wouldn't any U.S. soldier refusing to follow (illegal) orders to carry out a unilateral attack upon Iraq easily win a court martial trial? If so, shouldn't there be a campaign educating soldiers to their rights under International Law? Hell, given the Nuremberg Principles' unambiguous declaration that, "The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him," shouldn't individual soldiers even be obligated to refuse such orders? Also, isn't the massive troop build-up already a violation of the Charter?

Second, could, say, the Washington, DC Police Department apprehend George Bush and friends to stand trial for war crimes? The Nuremberg Principles, again, are explicit in identifying the, "Planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances," (emphasis added) as a violation of International Law. Washington, DC is, after all, a "City for Peace", so presumably the political will to do so would be in place.

Posted by Eddie Tews at February 20, 2003 11:41 PM