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Kucinich Makes Case for War Crimes Prosecution

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If George W. Bush and Dick Cheney are ever impeached, they will certainly be prosecuted and convicted for war (and other) crimes.  If they are not impeached, they may still be eventually convicted, but it won't be as easy.  Court rooms are not scientific laboratories sealed in a vacuum.  What happens in a criminal's society matters, and "My people never impeached me" is a defense that has to be taken seriously.  

If Bush is impeached, or if even a serious movement threatens his impeachment, it should ideally be done in such a way as to lay out before the public and potential prosecutors both domestic and international, the crimes, both domestic and international.  Of the 35 articles of impeachment that Rep. Dennis Kucinich introduced in the House on Monday night, the most important one to look at is Article VIII.  It reads as follows:

INVADING IRAQ, A SOVEREIGN NATION, IN VIOLATION OF THE UN CHARTER AND INTERNATIONAL CRIMINAL LAW

In his conduct while President of the United States, George W. Bush, in violation of his constitutional oath to faithfully execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty under Article II, Section 3 of the Constitution  "to take care that the laws be faithfully executed", violated United States law by invading the sovereign country of Iraq in violation of the United Nations Charter to wit:

(1) International Laws ratified by Congress are part of United States Law and must be followed as evidenced by the following:

(A) Article VI of the United States Constitution, which states "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land;"

(2) The UN Charter, which entered into force following ratification by the United States in 1945, requires Security Council approval for the use of force except for self-defense against an armed attack as evidenced by the following:

A) Chapter 1, Article 2 of the United Nations Charter states:
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"3.All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.

"4.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, or in any other manner inconsistent with the Purposes of the United Nations."

(B) Chapter 7, Article 51 of the United Nations Charter states:

"51. Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security."

(3) There was no armed attack upon the United States by Iraq.
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(4) The Security Council did not vote to approve the use of force against Iraq as evidenced by:

(A) A United Nation Press release which states that the United States had failed to convince the Security Council to approve the use of military force against Iraq. [UN]

(5) President Bush directed the United States military to invade Iraq on March 19th, 2003 in violation of the UN Charter and, therefore, in violation of United States Law as evidenced by the following:

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http://davidswanson.org
David Swanson is the author of "When the World Outlawed War," "War Is A Lie" and "Daybreak: Undoing the Imperial Presidency and Forming a More Perfect Union." He blogs at http://davidswanson.org and http://warisacrime.org and works for the online (more...)
 

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