Send a Tweet
Most Popular Choices
Share on Facebook 15 Share on Twitter Printer Friendly Page More Sharing
OpEdNews Op Eds    H2'ed 9/30/17

Trump Threatens Genocide, Crimes Against Humanity in North Korea

By       (Page 2 of 3 pages) Become a premium member to see this article and all articles as one long page.   3 comments
Become a Premium Member Would you like to know how many people have read this article? Or how reputable the author is? Simply sign up for a Advocate premium membership and you'll automatically see this data on every article. Plus a lot more, too.
Author 7148
Message Marjorie Cohn
Become a Fan
  (12 fans)

Article 2 of the Charter states that all members "shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state." Trump's threat to totally destroy North Korea violates that mandate. In addition, the preemptive use of force violates the Charter.

The only exceptions to the Charter's prohibition of the use of force are self-defense or approval by the Security Council.

Self-defense, under Article 51 of the Charter, is a narrow exception to the Charter's prohibition of the use of force. Countries may engage in individual or collective self-defense only in the face of an armed attack. In order to act in lawful self-defense, there must exist "a necessity of self-defense, instant, overwhelming, leaving no choice of means, and no moment for deliberation," under the well-established Caroline Case.

North Korea has not attacked the United States or another UN member country, nor is such an attack imminent.

Moreover, the Security Council has not authorized any country to use military force against North Korea. The council resolutions that establish sanctions against North Korea end by stating the Council "decides to remain seized of the matter." That means that the Council, and only the Council, has the authority to approve military action.

Both Trump's threat to use military force against North Korea and the mounting of a preemptive strike would violate the Charter.

The Crime of Genocide

By stating the intention to totally destroy North Korea, Trump has threatened genocide.

The crime of "genocide," as defined in the Rome Statute for the International Criminal Court, is committed when, with the intent to destroy, in whole or in part, a national, ethnical, racial or religious group, any of the following acts are committed: killing members of the group, causing serious bodily or mental harm to members of the group, or deliberately inflicting on the group conditions of life calculated to bring about its destruction in whole or in part.

Trump's threat to totally destroy North Korea, if carried out, would destroy, in whole, the national group of North Koreans. That would amount to genocide.

Crimes Against Humanity

Under the Rome Statute, "crimes against humanity" include: the commission of murder as part of a widespread or systematic attack against any civilian population; or persecution against a group or collectivity based on its political, racial, national, ethnic or religious character, as part of a widespread or systematic attack against any civilian population.

Trump's threat to totally destroy North Korea, if realized, would constitute a widespread and systematic attack against the civilian population of North Korea, which would amount to a crime against humanity.

The War Crime of Collective Punishment

The crime of "collective punishment" is a grave breach of the Fourth Geneva Convention, which is considered a war crime. Collective punishment means punishing a civilian for an offense he or she has not personally committed.

If Trump were to make good on his threat to totally destroy North Korea, he would be punishing the civilian population for offenses committed by the North Korean government. This would constitute the war crime of collective punishment.

Next Page  1  |  2  |  3

(Note: You can view every article as one long page if you sign up as an Advocate Member, or higher).

 

Must Read 3   Well Said 2   Valuable 2  
Rate It | View Ratings

Marjorie Cohn Social Media Pages: Facebook page url on login Profile not filled in       Twitter page url on login Profile not filled in       Linkedin page url on login Profile not filled in       Instagram page url on login Profile not filled in

Marjorie Cohn is professor emerita at Thomas Jefferson School of Law, former president of the National Lawyers Guild, deputy secretary general of the International Association of Democratic Lawyers, and a member of the National Advisory Board of Veterans for Peace. Her most recent book is Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues. See  (more...)
 

Go To Commenting
The views expressed herein are the sole responsibility of the author and do not necessarily reflect those of this website or its editors.
Writers Guidelines
Contact AuthorContact Author Contact EditorContact Editor Author PageView Authors' Articles
Support OpEdNews

OpEdNews depends upon can't survive without your help.

If you value this article and the work of OpEdNews, please either Donate or Purchase a premium membership.

STAY IN THE KNOW
If you've enjoyed this, sign up for our daily or weekly newsletter to get lots of great progressive content.
Daily Weekly     OpEdNews Newsletter
Name
Email
   (Opens new browser window)
 

Most Popular Articles by this Author:     (View All Most Popular Articles by this Author)

Stanford Antiwar Alums Call for War Crimes Investigation of Condoleezza Rice

Robert Mueller Is Moving Toward Donald Trump

"Big Brother is Watching You" -- Beyond Orwell's Worst Nightmare

Bradley Manning Treatment Reveals Continued Government Complicity in Torture

Obama's Af-Pak War is Illegal

Obama Spells New Hope for Human Rights

To View Comments or Join the Conversation: