SALON

Glenn Greenwald

Wednesday, Nov 23, 2011 5:17 PM UTC

Bush and Blair found guilty of war crimes for Iraq attack

A tribunal in Malaysia applies the Nuremberg Principles to brand the two leaders as war criminals

By

Topics:

Bush and Blair found guilty of war crimes for Iraq attackFormer President Bush and then British Prime Minister Tony Blair (Credit: AP)

(updated below)

A tribunal in Malaysia, spearheaded by that nation’s former Prime Minister, yesterday found George Bush and Tony Blair guilty of “crimes against peace” and other war crimes for their 2003 aggressive attack on Iraq, as well as fabricating pretexts used to justify the attack. The seven-member Kuala Lumpur War Crimes Tribunal — which featured an American law professor as one of its chief prosecutors — has no formal enforcement power, but was modeled after a 1967 tribunal in Sweden and Denmark that found the U.S. guilty of a war of aggression in Vietnam, and, even more so, after the U.S.-led Nuremberg Tribunal held after World War II. Just as the U.S. steadfastly ignored the 1967 tribunal on Vietnam, Bush and Blair both ignored the summons sent to them and thus were tried in absentia.

The tribunal ruled that Bush and Blair’s name should be entered in a register of war criminals, urged that they be recognized as such under the Rome Statute, and will also petition the International Criminal Court to proceed with binding charges. Such efforts are likely to be futile, but one Malaysian lawyer explained the motives of the tribunal to The Associated Press: “For these people who have been immune from prosecution, we want to put them on trial in this forum to prove that they committed war crimes.” In other words, because their own nations refuse to hold them accountable and can use their power to prevent international bodies from doing so, the tribunal wanted at least formal legal recognition of these war crimes to be recorded and the evidence of their guilt assembled. That’s the same reason a separate panel of this tribunal will hold hearings later this year on charges of torture against Dick Cheney, Donald Rumsfeld and others.

Here’s what I find striking about this. Virtually every Serious political and media elite in America, by definition, would scoff at this tribunal; few things are considered more fringe or ludicrous than the notion that George Bush and Tony Blair should be punished as war criminals just because they aggressively attacked another nation and caused the deaths of at least 150,000 innocent people and the displacement of millions more. But the only thing this Malaysian tribunal is doing is applying the clear principles of the Nuremberg Tribunal as enunciated by lead prosecutor and former U.S. Attorney General Robert Jackson in his Opening and Closing Statements at Nuremberg:

The central crime in this pattern of crimes, the kingpin which holds them all together, is the plot for aggressive wars. The chief reason for international cognizance of these crimes lies in this fact. . . .

What makes this inquest significant is that these prisoners represent sinister influences that will lurk in the world long after their bodies have returned to dust. . . . . And let me make clear that while this law is first applied against German aggressors, the law includes, and if it is to serve a useful purpose it must condemn aggression by any other nations, including those which sit here now in judgment.

The “kingpin” crime of the German defendants was not genocide or ethnic cleansing, but rather “the plot for aggressive war,” and the only way that the Nuremberg Tribunal will “serve a useful purpose” is if it applies equally in the future to “aggression by any other nations, including those which sit here now in judgment.” Who do you think history will (and should) look more favorably upon? Those in this Kuala Lumpur tribunal who objected to the heinous war crime that is the attack on Iraq and attempted to hold the responsible leaders accountable under the Nuremberg principles, or those in America and Britain who mocked those efforts (when they weren’t ignoring them) and demanded that they and their leaders be fully exempted from the principles they imposed and decreed as universal after World War II?

 

UPDATE: Andrew Sullivan, who yesterday expressed angry bafflement over the fact that many liberals do not swoon for President Obama the way Jon Chait does, today noted that the U.S. under Obama imposes even less accountability for abuse of power and war crimes than does Bahrain:

Bahrain’s Sunni government promised “no immunity” for anyone suspected of abuses and said it would propose creating a permanent human rights watchdog commission. “All those who have broken the law or ignored lawful orders and instructions will be held accountable,” said a government statement, which says the report acknowledges that the “systematic practice of mistreatment” ended shortly after martial law was repealed on June 1.

As Andrew put it: “So a Middle East dictatorship has more democratic accountability for abuse of power, including torture, than the US under Obama.” Beyond things like this and the facts set forth in the last paragraph here, perhaps Andrew could use today’s post of his to help clear up the towering mystery he raised yesterday of liberal disenchantment with Obama. That American war criminals are being aggressively shielded from any and all accountability is not an ancillary matter but one of enduring historical significance.

Next Article

Related Stories

More Related Stories

Featured Slide Shows

The week in 10 pics

close X
  • Share on Twitter
  • Share on Facebook
  • Thumbnails
  • Fullscreen
  • 1 of 11
  • Lisa Montgomery embraces her nephew Thursday after a tornado tore apart her home in Cleburne, Texas. The twister killed six people and destroyed entire swaths of the North Texas town.
    Credit: AP/LM Otero

  • Jack McMahon, the defense attorney for abortion doctor Kermit Gosnell, speaks outside the Criminal Justice Center in Philadelphia Tuesday. His client was convicted of killing three babies in his clinic, and will serve multiple life sentences.
    Credit: AP/Matt Rourke

  • A photo taken Monday captures Vice President Joe Biden's response to a Milwaukee second-grader's innovative proposal to end America's epidemic of gun violence. This guy!
    Credit: AP/Jenny Aicher

  • Sen. Rand Paul, R-Ky., flanked by a grouper-eyed Michele Bachmann, addresses the IRS' admission that it targeted Tea Party groups in advance of the 2012 election. In an op-ed for CNN Thursday, the Kentucky senator slammed the president for his faux outrage.
    Credit: AP/Molly Riley

  • Ousted IRS chief Steven Miller is sworn in on Capitol Hill Friday. Miller testified before the House Ways and Means Committee on the extra scrutiny the agency gave conservative groups applying for tax-exempt status.
    Credit: AP/J. Scott Applewhite

  • Attorney General Eric Holder pauses as he testifies on Capitol Hill before the House Judiciary Committee Wednesday. Holder is under fire, among other things, for the Justice Department's gathering of phone records at the Associated Press.
    Credit: AP/Carolyn Kaster

  • O.J. Simpson sits during an evidentiary hearing at Clark County District Court in Las Vegas, Nev., Thursday. Simpson, who is currently serving a nine-to-33-year sentence in state prison for armed robbery and kidnapping, is using a writ of habeas corpus to seek a new trial.
    Credit: AP/Las Vegas Review-Journal/Jeff Scheid

  • Major Tom to ground control: On Sunday astronaut Chris Hadfield recorded the first music video from space, a cover of David Bowie's "Space Oddity."
    Credit: AP/NASA/Chris Hadfield

  • When it rains it pours. President Barack Obama speaks during a news conference Thursday with Turkish Prime Minister Recep Tayyip Erdogan, inexplicably inspiring an #umbrellagate Twitter meme.
    Credit: AP/Jacquelyn Martin

  • A smoke plume rises high above a road block at the intersection of County A and Ross Road east of Solon Springs, Wis., Tuesday. No injuries were reported, but the the wildfire caused evacuations across northwestern Wisconsin.
    Credit: AP/The Duluth News-Tribune/Clint Austin

  • Recent Slide Shows

  • Share on Twitter
  • Share on Facebook
  • Thumbnails
  • Fullscreen
  • 1 of 11

Related Videos

Comments

 297 Comments

Comment Preview

Your name will appear as username

You may use these HTML tags and attributes: <a href=""> <b> <em> <strong> <i> <blockquote>

Glenn Greenwald (email: GGreenwald@salon.com) is a former Constitutional and civil rights litigator and is the author of three New York Times Bestselling books: two on the Bush administration's executive power and foreign policy abuses, and his latest book, With Liberty and Justice for Some, an indictment of America's

two-tiered system of justice. Greenwald was named by The Atlantic as one of the 25 most influential political commentators in the nation. He is the recipient of the first annual I.F. Stone Award for Independent Journalism, and is the winner of the 2010 Online Journalism Association Award for his investigative work on the arrest and oppressive detention of Bradley Manning.




Continue Reading

follow salon

Most Read

Popular on Reddit

links from salon.com

vote
FBI reportedly joins Bachmann campaign finance probe
238 points239 points | 15 comments
vote
Paul Krugman’s right: Austerity kills. "In an economy where we’re all in the same boat, one person’s spending is another person’s income. So when the government cuts spending, it reduces people’s income, leading to less business, more unemployment, and a vicious spiral of slowing down the economy."
238 points239 points | 209 comments
vote
Jon Karl makes things worse: He regrets “inaccurate” Benghazi email but says his story based on it “still entirely stands.” Really. ABC News?
204 points205 points | 31 comments
vote
“Jodorowsky’s Dune”: The sci-fi classic that never was.
80 points81 points | 16 comments
vote
Austerity Kills: Brian McArdle, a 57-year-old man who had had two strokes and could barely walk, was found "fit for work" by a government subcontractor, and had his benefits stopped. He died the next day.
67 points68 points | 4 comments

From Around the Web

Presented by Scribol
listener_new_rect The Listener: So long, Sookie Stackhouse

Latest Tweets

Recommendations