AggressiveWar

President Bush authorized a war of aggression against Iraq, authorized conduct of the war that involved the commission of "war crimes", authorized the occupation of Iraq involving the commission of war crimes", "crimes against humanity" and other illegal acts. (Laws violated include but are not limited to: United Nations Charter, Universal Declaration of Human Rights, The International Covenant on Civil and Political Rights, Geneva Conventions of 1949, United Nations Standard Minimum Rules for the Treatment of Prisoners, The Nuremberg Principles, and others).

General Treaty for the Renunciation of War:

In 1927, the Kellogg-Briand Pact, known as the General Treaty for the Renunciation of War, said:

"The High Contracting Parties solemnly declare in the names of their respective peoples that they condemn recourse to war for the solution of international controversies, and renounce it, as an instrument of national policy in their relations with one another ."

Nuremberg Tribunal:

In 1950, the Nuremberg Tribunal defined Crimes against Peace (in Principle VI.a, submitted to the United Nations General Assembly) as:

(i) Planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances;

(ii) Participation in a common plan or conspiracy for the accomplishment of any of the acts mentioned under (i).

United Nations' Charter:

Article 2, paragraph 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.

Article 33:

The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all,seek a solution by negotiation, enquiry, mediation, conciliation, arbitration,judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.

The Security Council shall, when it deems necessary, call upon the parties to settle their dispute by such means.

Article 39:

The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security

- Signed by President Harry S. Truman on August 8, 1945; the United States was the first nation to ratify.

Comment:

"The United Nations charter has a provision which was agreed to by the United States formulated by the United States in fact, after World War II. Its says that from now on, no nation can use armed force without the permission of the U.N. Security Council. They can use force in connection with self-defense, but a country can't use force in anticipation of self-defense. Regarding Iraq, the last Security Council resolution essentially said, 'Look, send the weapons inspectors out to Iraq, have them come back and tell us what they've found - then we'll figure out what we're going to do. The U.S. was impatient, and decided to invade Iraq - which was all pre-arranged of course. So, the United States went to war, in violation of the charter."

- Benjamin Ferencz, former chief prosecutor of the Nuremberg Trials ¹

"The threatened war against Iraq will be a breach of the United Nations Charter and hence of international law unless it is authorized by a new and unambiguous resolution of the Security Council. The Charter is clear. No such war is permitted unless it is in self-defense or authorized by the Security Council."

- International law expert Mark Littman

"I have indicated it [the U.S. invasion of Iraq] was not in conformity with the UN charter. From our point of view and from the charter point of view it was illegal."

- Kofi Annan - Thursday, September 16, 2004 by the Guardian/UK

1. Ferencz successfully convicted 22 Nazi officers for orchestrating death squads that killed more than one million people. Has become a founding father of the basis behind international law regarding war crimes, and his essays and legal work drawing from the Nuremberg trials and later the commission that established the International Criminal Court remain a lasting influence in that realm.

The War Powers Act of 1973

Public Law 93-148
93rd Congress, H. J. Res. 542
November 7, 1973

SEC. 5. (b)

Within sixty calendar days after a report is submitted or is required to be submitted pursuant to section 4(a)(1), whichever is earlier, the President shall terminate any use of United States Armed Forces with respect to which such report was submitted (or required to be submitted), unless the Congress

(1) has declared war or has enacted a specific authorization for such use of United States Armed Forces,

(2) has extended by law such sixty-day period, or

(3) Is physically unable to meet as a result of an armed attack upon the United States. Such sixty-day period shall be extended for not more than an additional thirty days if the President determines and certifies to the Congress in writing that unavoidable military necessity respecting the safety of United States Armed Forces requires the continued use of such armed forces in the course of bringing about a prompt removal of such forces.

SEC. 8. (a)

Authority to introduce United States Armed Forces into hostilities or into situations wherein involvement in hostilities is clearly indicated by the circumstances shall not be inferred--

(1) from any provision of law (whether or not in effect before the date of the enactment of this joint resolution), including any provision contained in any appropriation Act, unless such provision specifically authorizes the introduction of United States Armed Forces into hostilities or into such situations and stating that it is intended to constitute specific statutory authorization within the meaning of this joint resolution;

- http://www.cs.indiana.edu/statecraft/warpow.html

House Joint Resolution Authorizing Use of Force Against Iraq, October 10, 2002

SEC. 3. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.

1. SPECIFIC STATUTORY AUTHORIZATION - Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.

2. APPLICABILITY OF OTHER REQUIREMENTS - Nothing in this joint resolution supersedes any requirement of the War Powers Resolution.

For Immediate Release
Office of the Press Secretary
March 19, 2003

Presidential Letter

(Text of a Letter from the President to the Speaker of the House of Representatives and the President Pro Tempore of the Senate)

Dear Mr. Speaker: (Dear Mr. President:)

Consistent with section 3(b) of the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243), and based on information available to me, including that in the enclosed document, I determine that:

(1) reliance by the United States on further diplomatic and other peaceful means alone will neither

adequately protect the national security of the United States against the continuing threat posed by Iraq
nor likely lead to enforcement of all relevant United Nations Security Council resolutions regarding Iraq; and

(2) acting pursuant to the Constitution and Public Law 107-243 is consistent with the United States and other countries continuing to take the necessary actions against international terrorists and terrorist organizations, including those nations, organizations, or persons who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001.

Sincerely,

GEORGE W. BUSH

###

Comment:

The authority under which Bush purportedly acted to go to war in Iraq arose under "House Joint Resolution Authorizing Use of Force Against Iraq, October 10, 2002" (the Iraq Resolution). However, the ostensible "statutory authority" granted to the President to was conditional. In fact, Congress specifically made that authority, if any, of the President to go to war with Iraq subject to the War Powers Resolution of 1973 (War Powers Act or WPA). The Iraq resolution was definite. "Nothing in this joint resolution supersedes any requirement of the War Powers Resolution."

The Iraq Resolution was not an authorization to go to war; it was a mandate to follow the standards for war set forth in the War Powers Act.Congress made clear that in 2002, as in 1973, the War Powers Act was, and now is, the law of the land concerning war. Based upon the plain language of the Iraq Resolution, Bush was required by law to meet the conditions of the WPA before going to war with Iraq. He did not.

The WPA required "clear" evidence of an "imminent threat" by Iraq to the U.S. to justify war.

The President could not enforce U.N. Resolutions or otherwise deal with the so-called Iraq threat, absent "clear evidence" of an "imminent" threat by Iraq to the U.S. An Act of Congress, the War Powers Act, the law of the land prevents war on abstract concepts of emerging or gathering threats that may occur sometime in the future. The law is specific that threat must be clear and imminent.

Simple threat, alone, is just not enough justification to go to war.