MIGHT[&]TWO WRONGS MAKE A RIGHT?

Xxxx Xxxxx Xxxxxx xxxxxxxx at xxxxxxxxxxx.xxx
Sun Nov 12 13:28:41 MST 2000




http://csf.colorado.edu/archive/agfrank/nato_kosovo/msg00032.html

MIGHT[&]TWO WRONGS MAKE A RIGHT? by Gunder Frank

     Date: Sun, 18 Apr 1999 21:13:55 -0400 (EDT)

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Whatever any and all abuses of and criminal charges for violations of
international law against the President, military and police of
Yugoslavia in Kosovo, we must equally examine and act upon the actions
of NATO, its member states, and its leaders.

Let us therefore examine some of the principles, definitions and
prohibitions of CRIMES AGAINST THE PEACE, AND WAR CRIMES  contributed
to  international law by the Allied post-WW II Tribunal at Nuremberg,
summarized below, and specifically section [a] [i] & [ii] and the last
prohibitions of section [b] AND by the 1948 Geneva Convention against
GENOCIDE [finally ratified by the USA] Article II sections [a],[b],[c].

Then ask and answer whether - unless indeed might makes right out of
countless wrongs - there is or is not sufficient prima facie evidence in
what NATO euphomistically calls its "strikes" [not attacks? agression?
undeclared war?] against Yugoslavia also to indict NATO and its leaders
for the violation of at the very least the 7 sections cited above and
spelled out below of the

- Nuremberg Tribunal and on WAR CRIMES
- Convention on GENOCIDE

not to mention many more sections of
- The UN Charter [in articles 27,41,42,51],
- The Helsinki Agreement,
and even of
- The NATO Charter itself, which reads in part:

        Article 1
        The Parties undertake, as set forth in the Charter of
        the United Nations, to settle any international dispute
        in which they may be involved by peaceful means in such
        a manner that international peace and security and justice
        are not endangered, and to refrain in their international
        relations from the threat or use of force in any manner
        inconsistent with the purposes of the United Nations.


NUREMBERG PRINCIPLES


"At Nuremberg, three categories of offenses were regarded as punishable
crimes under international law:
-
(a) CRIMES  AGAINST  PEACE:
-
(i) Planning, preparation, initiation or waging of 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).
-
(b) WAR CRIMES:
-
Violation of the laws or customs of war, which include, but are not
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:
-
Murder, extermination, enslavement, deportation and other inhuman acts
done against any civilian population, or persecutions on political,
racial or religious grounds, when such acts are done or such
persecutions are carried on in execution of or in connexion with any
crime against peace or any war crime."
----------
The "Nuremberg principles" of international law are quoted from:
Richard A. Falk, A Global Approach to National Policy.  Harvard U P,
1975, p. 149.
-----------------
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

U N  GENOCIDE CONVENTION

Article II of the 1948 U.N. Convention on Genocide states the following:

"In the present Convention, genocide means any of the following acts
committed with intent to destroy, in whole or in part, a national,
ethnical, racial or religious group as such:
(a) killing members of the group;
(b) causing serious bodily or mental harm to members of the group;
(c) deliberately inflicting on the group conditions of life calculated
to bring about its physical destruction in whole or in part;
(d) imposing measures intended to prevent births within the group;
(e) forcibly transferring children of the group to another group.

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

Moreover the Nuremberg Tribunal established clearly that the
responsibility for these crimes is PERSONAL:


        "Crimes against international law are committed by men,
        not by abstract entities, and only by punishing individuals
        who commit such crimes can the provisions of international law
        be enforced"

        "Hitler could not make aggressive war by himself.
        He had to have the cooperation of statesmen, military leaders,
diplomats and businessmen"

        "When they, with knowledge of his aims, gave him their
        cooperation, they made themselves parties to the plan he had
        initiated. They are not to be deemed innocent because Hitler
        made use of them, if  they knew what they were doing"

XXXXXXXXXX

A REVEALING FOOTNOTE

reported by a member of a Serbian-American delegation meeting
with President Clinton:

But when the Serb delegation suggested that he must first stop the
bombing, Clinton replied that he could not do that, as the very
existence of NATO was at stake.





--

Xxxx Xxxxx Xxxxxx
PhD Student
Department of Political Science
SUNY at Albany
Nelson A. Rockefeller College
135 Western Ave.; Milne 102
Albany, NY 12222


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