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In Reversed History Vietnam's Crimes Against Humanity in America Would be Prosecuted

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From http://www.flickr.com/photos/23165290@N00/6830726742/: Albert V Bryan Federal District Courthouse - Alexandria Va - 0016 - 2012-03-10
Albert V Bryan Federal District Courthouse - Alexandria Va - 0016 - 2012-03-10 by dctim1

If Vietnam had bombed the United States for fifteen years bringing death to some three million Americans in cities, towns and countryside across America during a brutal occupation by a half-million heavily armed Vietnamese soldiers, there is no way the US would not have brought Vietnam before the International Court of Justice.

Such a US litigation concerning graphically reported and well documented Vietnamese crimes against humanity in America would of had the approval and support of the whole 'international community of nations' or 'free world' as the planet-ruling colonial powers were euphemistically referred to during the Cold War era.  The ICC would have surely ruled in favor of the US plaintiff and against Vietnam.

We can get an idea of the particulars that might have been part of the findings and rulings of the Court in a fictitious case of the United States versus Vietnam, by reading the Courts decisions rendered in real cases concerning a country litigating against the United States of America.  Witness the case of Nicaragua v. United States of America, Case Concerning The Military and Paramilitary Activities, Judgment rendered 27 June, 1986:

http://www.icj-cij.org/docket/?sum=367&code=nus&p1=3&p2=3&case=70&k=66&p3=5

The Court sided with the little guy:

"The Court rejects the justification of collective self-defense maintained by the United States of America "

"Decides that the United States of America, by training, arming, equipping, financing and supplying the contra forces or otherwise encouraging, supporting and aiding military and paramilitary activities in and against Nicaragua, has acted, against the Republic of Nicaragua, in breach of its obligation under customary international law not to intervene in the affairs of another State"

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"Decides that the United States of America, by certain attacks on Nicaraguan territory (various instances cited) has acted, against the Republic of Nicaragua"

"Decides that the United States of America, by directing or authorizing over Rights of Nicaraguan territory, and by the acts imputable to the United States referred to in sub-paragraph (4) hereof, has acted, against the Republic of Nicaragua"

"Decides that, by laying mines in the internal or territorial waters of the Republic of Nicaragua...the United States of America has acted, against the Republic of Nicaragua, in breach of its obligations under   and not to interrupt peaceful maritime commerce"

"Decides that the United States of America, by failing to make known the existence and location of the mines laid by it, has acted in breach of its obligations under customary international law..."

"Finds that the United States of America, by producing in 1983 a manual entitled 'Operaciones sicológicas en guerra de guerrillas', and disseminating it to contra forces, has encouraged the commission by them of acts contrary to general principles of humanitarian law..."

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"Decides that the United States of America, by the attacks on Nicaraguan territory referred to in sub-paragraph (4) hereof, and by declaring a general embargo on trade with Nicaragua on 1 May 1985, has committed acts calculated to deprive..."

"Decides that the United States of America is under a duty immediately to cease and to refrain from all such acts as may constitute breaches of the foregoing legal obligations"

"Decides that the United States of America is under an obligation to make reparation to the Republic of Nicaragua for all injury caused to Nicaragua by the breaches of obligations under customary international law enumerated above"

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http://prosecuteuscrimesagainsthumanitynow.blogspot.com
Jay Janson is an archival research peoples historian activist, musician and writer; has lived and worked on all continents; articles on media published in China, Italy, UK, India and the US; now resides in NYC; First effort was a series of articles (more...)
 

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