Friday, April 3, 2009

Fake faith and epic crimes - by John Pilger

From Information Clearing House :

April 02, 2009  --- These are extraordinary times. With the United States and Britain on the verge of bankruptcy and committing to an endless colonial war, pressure is building for their crimes to be prosecuted at a tribunal similar to that which tried the Nazis at Nuremberg. This defined rapacious invasion as "the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole." International law would be mere farce, said the chief US chief prosecutor at Nuremberg, Supreme Court justice Robert Jackson, "if, in future, we do not apply its principles to ourselves."  

That is now happening. Spain, Germany, Belgium, France and Britain have long had "universal jurisdiction" statutes, which allow their national courts to pursue and prosecute prima facie war criminals. What has changed is an unspoken rule never to use international law against "ourselves," or "our" allies or clients. In 1998, Spain, supported by France, Switzerland and Belgium, indicted the Chilean dictator Augusto Pinochet, client and executioner of the West, and sought his extradition from Britain, where he happened to be at the time. Had he been sent for trial he almost certainly would have implicated at least one British prime minister and two US presidents in crimes against humanity. Home Secretary Jack Straw let him escape back to Chile.  

The Pinochet case was the ignition. On 19 January last, the George Washington University law professor Jonathan Turley compared the status of George W. Bush with that of Pinochet. "Outside [the United States] there is not the ambiguity about what to do about a war crime," he said. "So if you try to travel, most people abroad are going to view you not as 'former President George Bush' [but] as a current war criminal." For this reason, Bush's former defence secretary Donald Rumsfeld, who demanded an invasion of Iraq in 2001 and personally approved torture techniques in Iraq and at Guantanamo Bay, no longer travels. Rumsfeld has twice been indicted for war crimes in Germany. On 26 January, the UN Special Rapporteur on Torture, Manfred Nowak, said, "We have clear evidence that Mr. Rumsfeld knew what he was doing but nevertheless he ordered torture."  

The Spanish high court is currently investigating a former Israeli defence minister and six other top Israeli officials for their role in the killing of civilians, mostly children, in Gaza. Henry Kissinger, who was largely responsible for bombing to death 600,000 peasants in Cambodia in 1969-73, is wanted for questioning in France, Chile and Argentina. Yet, on 8 February, as if demonstrating the continuity of American power, President Barack Obama's national security adviser, James Jones, said, "I take my daily orders from Dr. Kissinger."

Like them, Tony Blair may soon be a fugitive. The International Criminal Court, to which Britain is a signatory, has received a record number of petitions related to Blair's wars. Spain's celebrated Judge Baltasar Garzon, who indicted Pinochet and the leaders of the Argentinian military junta, has called for George W. Bush, Blair and former Spanish prime minister Jose Maria Aznar to be prosecuted for the invasion of Iraq — "one of the most sordid and unjustifiable episodes in recent human history: a devastating attack on the rule of law" that had left the UN "in tatters." He said, "There is enough of an argument in 650,000 deaths for this investigation to start without delay."  
 
This is not to say Blair is about to be collared and marched to The Hague, where Serbs and Sudanese dictators are far more likely to face a political court set up by the West. However, an international agenda is forming and a process has begun which is as much about legitimacy as the letter of the law, and a reminder from history that the powerful lose wars and empires when legitimacy evaporates. This can happen quickly, as in the fall of the Berlin Wall and the collapse of apartheid South Africa — the latter a spectre for apartheid Israel.  

Today, the unreported "good news" is that a worldwide movement is challenging the once sacrosanct notion that imperial politicians can destroy countless lives in the cause of an ancient piracy, often at remove in distance and culture, and retain their respectability and immunity from justice. In his masterly Dr. Jekyll and Mr. Hyde R.L. Stevenson writes in the character of Jekyll: "Men have before hired bravos to transact their crimes, while their own person and reputation sat under shelter … I could thus plod in the public eye with a load of genial respectability, and, in a moment, like a schoolboy, strip off these lendings and spring headlong into the sea of liberty. But for me, in my impenetrable mantle, the safety was complete." 

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