Sunday, August 10, 2014

Baghdad Green Zone good place for war crimes trial






In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:

(1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed ' hors de combat ' by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.

To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:

(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;

(b) taking of hostages;

(c) outrages upon personal dignity, in particular humiliating and degrading treatment;

(d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.

(2) The wounded and sick shall be collected and cared for.


Ratification / Accession: 02.08.1955
Reservation / Declaration: 02.08.1955;04.03.1975;31.12.1974


United States of America

Reservation made upon signature and maintained upon ratification:


Mr. VINCENT, Minister of the United States of America in Switzerland, on signing the Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949, made the following declaration:

"The Government of the United States fully supports the objectives of this Convention.
"I am instructed by my Government to sign, making the following reservation to Article 68:
"The United States reserve the right to impose the death penalty in accordance with the provisions of Article 68, paragraph 2, without regard to whether the offences referred to therein are punishable by death under the law of the occupied territory at the time the occupation begins"

SOURCE: Final Record of the Diplomatic Conference of Geneva of 1949, Vol.I, Federal Political Department, Berne, p.346.


It looks like Article 68 is irrelevant to torture.

Thursday, August 7, 2014

Happy Nuremberg Day, everyone


Charter of the International Military Tribunal



Article 6.

The Tribunal established by the Agreement referred to m Article 1 hereof for the trial and punishment of the major war criminals of the European Axis countries shall have the power to try and punish persons who, acting in the interests of the European Axis countries, whether as individuals or as members of organizations, committed any of the following crimes.

The following acts, or any of them, are crimes coming within the jurisdiction of the Tribunal for which there shall be individual responsibility:

(a) CRIMES AGAINST PEACE: namely, planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing;

(b) WAR CRIMES: namely, violations of the laws or customs of war. Such violations shall include, but not be limited to, murder, ill-treatment or deportation to slave labor or for any other purpose of civilian population of or in occupied territory, murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns or villages, or devastation not justified by military necessity;

(c) CRIMES AGAINST HUMANITY: namely, murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war; or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated.

Leaders, organizers, instigators and accomplices participating in the formulation or execution of a common plan or conspiracy to commit any of the foregoing crimes are responsible for all acts performed by any persons in execution of such plan.

Thursday, July 31, 2014

The Ghosts of Qana

In 1996, a hilarious event occurred in southern Lebanon, in which a United Nations post manned by Fijian soldiers was shelled by the IDF resulting in 106 killed and around 116 injured .  It's hilarious if you like Dr. Strangelove on acid, which is not a criticism.

This is not to be confused with the Qana incident of 2006, in which a Canadian major serving with the UN was killed despite the location of their observation post been identified to the IDF, repeatedly.  As it turned out, all procedures were correct, everybody got medals, and the Canadian government protested feebly.

Anyway, in the 1996 IDF investigation that was "prompt, impartial, credible and transparent, conforming to international standards, of exactly what happened," it was determined that everything had been done correctly, but that some units had the wrong maps, or no maps, or the dog ate their homework,and everybody felt good about it.

In the UN investigation, Major Franklin van Kappen was not so dewy-eyed.



Major Franklin posed these questions to the IDF,who said that the dog ate their maps, that everything had been done correctly, and that the UN could fuck itself.

Then there was a press investigation, conducted in Hebrew.


The rest is here.

Israel might have learned less from The Holocaust than Germany.






























Monday, July 28, 2014

"Those to whom evil is done...

Reuters

...Do evil in return."

W.H. Auden
September 1, 1939

Wednesday, July 23, 2014

Iran Air 655


655remained parts of plane






Aaaand, the guy who perpetrated this crime got a decoration.

Fuck up and move up.


London Charter of the International Military Tribunal, August 8, 1945

Article 6.

The Tribunal established by the Agreement referred to in Article 1 hereof for the trial and punishment of the major war criminals of the European Axis countries shall have the power to try and punish persons who, acting in the interests of the European Axis countries, whether as individuals or as members of organizations, committed any of the following crimes.

The following acts, or any of them, are crimes coming within the jurisdiction of the Tribunal for which there shall be individual responsibility:

(a) CRIMES AGAINST PEACE: namely, planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing;

(b) WAR CRIMES: namely, violations of the laws or customs of war. Such violations shall include, but not be limited to, murder, ill-treatment or deportation to slave labor or for any other purpose of civilian population of or in occupied territory, murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns or villages, or devastation not justified by military necessity;

(c) CRIMES AGAINST HUMANITY: namely, murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war; or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated.

Leaders, organizers, instigators and accomplices participating in the formulation or execution of a common plan or conspiracy to commit any of the foregoing crimes are responsible for all acts performed

Monday, June 16, 2014

Obama - the thinking person's W.



OK, this includes women.  The rhythm is better

The guy's an idiot. He is a very charming idiot, in the way that W. was charming if you're a certain sort of frat boy or a member of the Houston chapter of Daughters of the American Revolution.  In Obama's case, he's charming if you happen to think you have a certain sort of education or can speak in a certain sort of way.  In other words,W.

He'll say anything in an intelligent and charming sort of way.  He'll make the case for military intervention in Iraq, charmingly, even though it's obvious to everybody in the world, other than those inside the Washington Bubble, that further American military intervention has as much legitimacy as the original intervention, which is to say, none.

He will charmingly ignore the ghastly humanitarian damage to Iraq's population caused by Americans and their minions in the last decade, even as he frolics with Bo on the White House lawn and tries to prosecute Ed Snowden.  Actually, he's not charming in this particular case, he's repugnant.

He will charmingly reassure the world that bugging Angela Merkel's cell phone in in everybody's best interests, even if he didn't know about it, and everybody does it anyway.

He will not so charmingly make the case for fucking up the Ukraine, as a product placement for NATO.

He will equally make the case not so charmingly that bombing Syria is a humanitarian gesture, even though such bombing would have accelerated the humanitarian disaster in Syria that is now spreading to Iraq and that now requires his charming intervention because he's such a great guy.

I guess he was better than 8 years of McCain.