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Perhaps these “birds of a feather” ought to be “tried together?
V. Putin’s war of aggression against Ukraine is a war crime. Although the “NATO expansion” is an apparent effort to encircle Russia on its western border with new NATO members, despite the promise of the Bush I administration not to do so, may be considered on the issue of appropriate punishment, it is no defense to the crime. In fact, aggressive war, or a war of invasion, is the “ultimate war crime” according to the Nuremberg Tribunal and the US Prosecutor Justice Jackson.
Recent precedent supports that Putin is subject to prosecution for the invasion of Ukraine. In particular, the Kuala Lumpur War Crimes Tribunal and Commission were established under the Laws of Malaysia; they had a pre-existing Statute and Rules of Procedure. They also paid for a qualified Team of Malaysian Barristers to defend the Defendants. They put on as vigorous a Defense as could have been made.
Despite that excellent defense, the accused--George W. Bush and Tony Blair--were convicted of war crimes based on overwhelming evidence of their guilt. In Kuala Lumpur, after two years of investigation by the Kuala Lumpur War Crimes Commission (KLWCC), a tribunal (the Kuala Lumpur War Crimes Tribunal, or KLWCT) consisting of five judges with judicial and academic backgrounds reached a unanimous verdict (2011) that found George W. Bush and Tony Blair guilty of crimes against peace, crimes against humanity, among others as a result of their roles in the Iraq invasion.
George W. Bush, the former US President, and seven key members of his administration were found guilty of war crimes: Bush, Dick Cheney, Donald Rumsfeld, and their legal advisers Alberto Gonzales, David Addington, William Haynes, Jay Bybee, and John Yoo were tried in absentia in Malaysia.
In addition to the crime of aggressive war, the trial held in Kuala Lumpur heard harrowing witness accounts from victims of torture who suffered at the hands of US soldiers and contractors in Iraq and Afghanistan following the illegal invasions and wars of aggression.
At the end of the week-long hearing, the five-panel tribunal unanimously delivered guilty verdicts against Bush, Cheney, Rumsfeld, and their key legal advisors, who were all convicted as war criminals.
Full transcripts of the charges, witness statements, and other relevant material have been sent to the Chief Prosecutor of the International Criminal Court, as well as the United Nations and the Security Council, apparently in support of “official criminal prosecution” by that body.
Mr. Putin ought to be concerned that this precedent, along with the Nuremberg Tribunal’s rulings, indicates a serious judgment by informed members of the international community that wars of aggression, and the other crimes that unavoidably follow such invasions, will be met with condemnation and legal action. The people of the world will demand and expect accountability, as no person is above the law.
Although, as of yet, Mr. Bush and his fellow defendants have not been brought before any “official” bar of justice, their status as War criminals will follow them and dog their days should they leave the “protection” of nations arguably complicit in their crimes. They travel internationally at risk of arrest by nations committed to the rule of law. They are branded with the “mark of Cain” indelibly and arguably even more odiously.
Of course, the condemnation of Mr. Putin’s like crime by US and Allied Officials would carry more moral force should Mr. Bush et al. be charged officially by those nations in which they have sought refuge—all such nations bear a duty to do so under the law of nations. Mr. Putin should not take solace in the lack of their prosecution. The unequal application of the law, especially the law of war, has long been one of its major defects. Both "victor's justice" (no consequential prosecution of a prevailing power) and superpower impunity (no documentable legal consequences for superpower war crimes or crimes against humanity) are at issue now as in the past.
However, the Israeli example of hunting down War Criminals from the Nazi regime despite their evasion of the official Nuremberg Tribunal is but one example of what the future may hold for such criminals. Lead amongst these was Simon Wiesenthal, ironically born in Ukraine. The great mass of humanity yearns for justice, despite being burdened with “leaders” whose arrogance erroneously enables them to conclude they are immune from justice. In this regard, universal jurisdiction over war crimes has the potential to ensnare war criminals and is very threatening to the Kissingers and Rumsfelds of this world, who have curtailed their travel schedules apparently out of fear of arrest in some nations that prefer the rule of law to war and justice for all to justice for some.
Perhaps, if brought to trial, Mr. Putin will call Mr. Bush as a witness for his defense. If Mr. Bush eludes accountability, Mr. Putin may argue, then I cannot be held accountable for the invasion of Ukraine without violating the principle of “equal justice under law.” On its face, this claim has some force, especially against US efforts, if any, to prosecute Mr. Putin, as it is foundational in US law that the law applies equally to all.
If Mr. Putin is guilty, then so is Mr. Bush. Selective prosecution in War Crimes cases makes a mockery of the rule of law and supports the claim that Nuremberg and all such efforts are mere “victors justice” that ignores the war crimes of victors while punishing losers, an extreme example of “might makes right.” Surely, it falls short of Abe Lincoln’s aspirational aphorism: “right makes might.”
Or perhaps, the prosecution would call Mr. Bush as an “expert” witness on what it takes to plan and commit a war of aggression, an illegal invasion, to lay a foundation for the tribunal to evaluate Mr. Putin’s plans and acts. This could be problematic, as Mr. Bush could elect to “plead the fifth,” taking the position that his testimony could open him to criminal prosecution for the same crime as Mr. Putin—a criminal war of aggression. And were Mr. Bush to testify his own words could convict him, thus taking the fifth is valid.
Regardless of the legal morass, the foregoing creates, humanity clearly owes a debt to the Kuala Lumpur War Crimes Tribunal. It provides a compelling precedent for the assertion that the law of the international community repudiates “victors’ justice” and that wars of aggression are crimes.
Even Mr. Bush appears to support that view. The 43rd president was making a presentation to an audience at his presidential library in Dallas on Wednesday, May 18, 2022 when he condemned “the decision of one man to launch a wholly unjustified and brutal invasion of Iraq – I mean Ukraine.” With such a declaration against his interest, Mr. Bush ratified the legitimacy of the Tribunal’s indictment and judgment of conviction.
The law of humanity is bending the moral arc of the universe towards justice, no matter how obstructionists like Mr. Putin, and Mr. Bush, try to stop it. On second thought, perhaps these “birds of a feather” ought to be “tried together?” Were it so, right could make might, and the rule of law could be promoted to its rightful place in a world free of war criminals.
As a U.S. diplomat who resigned from the U.S. government in 2003 in opposition to Bush's war on Iraq, I hoped at the time that all Americans would not be vilified by the world for the actions of the Bush administration.
As hard as it might be for some now, I plead that we not vilify the Russian people for the actions of their political leaders. I hope that we can be as generous to peace-seeking Russians as the world was to anti-war Americans.
I have visited Russia twice in the past 6 years and I know the Russians I spoke with--and I would guess that most Russians--do not want war and object to Putin's war on Ukraine.
Thousands of Russians have taken to the streets to protest the war and have been jailed. Thousands of Russians have signed letters and petitions to their own government to stop the military action against Ukraine.
By March 3, 2022, 1.5 million Russians had signed a petition calling for President Putin to end the war on Ukraine. "We demand an immediate ceasefire by the Russian Armed Forces, and their immediate withdrawal from the territory of the sovereign state of Ukraine." The petition described those who decided to start hostilities in Ukraine as "war criminals" who "sanctioned aggressive and war-justifying propaganda in the Russian media." The petition added: "We will seek to hold them accountable for their deeds."
4,000+ Russian scientists, science Journalists have written an open letter against a Ukraine war. Artists, curators, architects, critics, art historians, art managers and other representatives of culture and art of the Russian Federation initiated and signed an open letter against the war. I was honored to be a signatory of a letter from 12 American and 12 Russian women against a war. 44 of the top chess players in Russia wrote a letter of opposition to war on Ukraine.
As we in the United States deal with our concerns about war, I hope that Russian students will be allowed to continue studies in the U.S. without fear of hate and that Russian-American communities will not be targeted for the actions of a government they do not represent.
Six years ago I wrote about a two-week trip to Russia visiting cities in four regions of Russia. The one question that was asked over and over was, "Why does America hate us? Why do you demonize us?"
Most would add a caveat--"I like American people and I think YOU like us individually but why does the American government hate our government?"
Now six years later, the Russian government has invaded Ukraine using the same pretext of national security that the U.S. used to invade Iraq 19 years ago in 2003.
But as they have known from past international actions toward Russia, they will be demonized as individuals for the actions of their government whether they agree with the actions of their government or not, and will be suffering withering international sanctions that will purposefully disrupt their lives.
They wonder why citizens of other countries such as the United States, Saudi Arabia, Israel, United Arab Emirates and others, whose leaders have done the same illegal actions toward other countries and peoples in Afghanistan, Iraq, Syria, Yemen and Palestine, do not suffer the same outrage for the actions of their leaders.
I agree with the decision of the International Criminal Court prosecutor to open a case against President Putin for his war on Ukraine and ask him to add President George Bush and Prime Minister Tony Blair to the ICC complaint for waging war on Iraq in 2003.
All politicians who wage war must be held accountable, not just President Putin.
Outrage continues to swell over the recent decision to give a knighthood to former Prime Minister Tony Blair, who was instrumental in the bloody U.S.-led invasions of Iraq and Afghanistan, with anti-war campaigners in the U.K. gearing up for a protest later this year.
"We will protest at this grotesque award in the name of the Iraqis, the Afghans, the families who lost soldiers, the refugees, and victims of these and subsequent wars."
"Blair should be facing a war crimes trial but instead he will be joining the Queen at Windsor Castle on 13 June to receive a knighthood," Stop the War Coalition (StW) says in an event description for an upcoming protest at the so-called Garter Day procession.
The outrage follows Buckingham Palace's December 31 announcement that Blair, who was prime minister from 1997-2007, was given the title of Knight Companion of the Most Noble Order of the Garter. It's the most senior honor within the British chivalry system, with knights chosen by the queen to "honor those who have held public office, who have contributed in a particular way to national life, or who have served the Sovereign personally."
At the annual procession at Windsor Castle in June, members of the order, including the queen, "process in grand velvet robes, glistening insignia, and plumed hats," according to Buckingham Palace.
\u201c#Blair should be facing a war crimes trial but instead he will be joining the Queen at Windsor Castle on 13 June to receive a knighthood.\n\n@STWUK will be protesting the granting of this award. \n\nJoin us: https://t.co/KxUrCMaEa8\u201d— Stop the War (@Stop the War) 1641554061
Blair's knighthood announcement drew sharp condemnation from StW convener Lindsey German, who, while calling the "honors system... in itself a symptom of the rottenness of British politics," criticized the former prime minister's "culpability in launching the illegal war in Iraq." She added:
He has never shown one iota of remorse for his actions, and for the lies told about "weapons of mass destruction." Instead, he has justified every war and military intervention since. He should be on trial at The Hague rather than parading the medieval trappings of wealth and power. [...]
The Stop the War Coalition was formed 20 years ago to oppose his policies--and we continue to do so. We will protest at this grotesque award in the name of the Iraqis, the Afghans, the families who lost soldiers, the refugees, and victims of these and subsequent wars. He has blood on his hands.
German is far from alone in her criticism.
A Change.org petition started last week that calls for Blair's knighthood to be rescinded has already gathered over 1 million signatures.
"Tony Blair caused irreparable damage to both the constitution of the United Kingdom and to the very fabric of the nation's society," the petition states. "He was personally responsible for causing the death of countless innocent, civilian lives and servicement [sic] in various conflicts. For this alone he should be held accountable for war crimes."
"Blair is the least deserving person of any public honor," the petition adds, "particularly anything awarded by Her Majesty the Queen."
Petition supporters include journalist and documentary filmmaker John Pilger, who framed it as a way to "stand in solidarity with the men, women, and children whose lives were lost or ruined in the criminal invasion of Iraq."
\u201cReg Keys, brave campaigner against war, speaks out against #BlairKnighthood\u201d— Lindsey German (@Lindsey German) 1641822296
The honor also puts into stark relief the contrasting treatment between those who launched illegal invasions and WikiLeaks founder Julian Assange, said Labour MP for Leeds Richard Burgon.
"It says a lot about what is wrong with our system when, after being one of the leading architects of the Iraq War, Tony Blair is honored with a knighthood while Julian Assange, who exposed war crimes in Iraq, faces extradition to the USA and a lifetime in prison," tweeted Burgon.