by Glenn Greenwald
November 23, 2011
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.
[Ed. Note: Please watch for updates at the source, Salon.com, as Glenn Greenwald is extremely conscientious about updating articles as warranted.]