[Newspoetry] Expand the War on War Crimes

[Donald L Emerick]

Exceptions to rules should always be few, lest the rule itself disappear.

In fairness to our troops, and to all troops under any flag, I have to remind us (if not them), that they do retain one inalienable shred of responsibility for democracy, under the laws of nations.  Mr. Bush reminds us that no Iraqi troops should commit any war crimes.  Mr. Bush tells us that no trooper anywhere ever may follow an unlawful order to commit a war crime.  Mr. Bush tells us that troopers may not offer the defense, for a war crime, that "I was just following orders."  So, to that extent, Iraqi troopers, like American and British troopers, like all troopers in the whole world, may never commit a war crime.

I do not know precisely how various nations have instructed their troops on this critical aspect of being a trooper, who is subject to the laws of nations, over and above being the subject of the particular law of a nation.  Under American constitutional law, though, it may not be exactly clear what International Law is, despite the general phrase that points to treaties (and other documents of equal stature) as being of nearly coordinate status with the written Constitution's authority.  However, if we do not think of law as a bad man might, then the prudent and the moral course of defining what International Law is might be to assume that its reach of meaning is as great as possible.

The Law of Nations, then, is any stricture against the kind of wrongful immorality that substantially and grievously breaches the peace of the peoples of the nations.  This wrongfulness would have a criminal aspect to it, which under our democratic systems, is often carefully safeguarded by the idea that the wrongful conduct of any crime, to be punishable as such, must have been defined as by a previously published, well understood, prohibition.  And, the punishment itself that may be inflicted must be limited to what is commensurate with the actual wrongdoing.

Thus, there is no suspension, even among troops, and certainly not among any political leaderships who must direct those troops responsibly, of the Laws of Nations against War Crimes.  A trooper who is willing to die for his (her) country must be even more willing to die for the Laws of Nations, if necessary.  That is why there is no defense of "just following orders" for anyone when it comes to the wrongfulness of committing a war crime.

Now, picking up with today's piece by Kristof, a little bit, I would like to propose to the peace movement that they move on to think about, and to labor for enhancing and strengthening the Laws of Nations on War Crimes.  Let me suggest some themes.  For instance, should the use of any thermo-nuclear device be regarded as a war crime, per se?  Should indiscriminate bombing by high (or low) altitude bombers (like B-52s, perhaps), where collateral damages to civilian populations are highly likely to occur, be a war crime?  Should any possession of any CBWs, or even of nuclear weapons, except for counter-measures of medical research and defensive training, be regarded as modern war crimes?  Should the pursuit of military hostilities, except in immediate response to a present or extremely imminent attack upon a nation, be considered a war crime?

Sincere advocates of alternatives to war, including protestors of this war, would do well to ask themselves how we the people can press our governments everywhere for meaningful new international laws that would help further reduce the all too frequent arrogance of those who wield military power to achieve narrowly defined national interests.  And, Mr. Bush and Mr. Blair, speaking as they have, might well be the first to adopt such a gesture, by calling for an international conference, to better implement, by legal means, the world that they claim they would make safe for the rule of law.

thanks for listening, Donald L Emerick
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