The imperial invasion and shock and awe inspiring blitzkrieg on March 8th 2003, by the armed forces of the UK and US are unquestionably in violation of the Charter of the United Nations and other international agreements by which the US and Britain as signatories are bound. UN Secretary General Kofi Annan repeatedly said before the invasion that a unilateral attack would be in violation of the UN Charter he has subsequently agreed that the invasion was illegal.

This violent and aggressive invasion, unleashing over 30,000 bombs, napalm, and all the terrors of aerial bombing against a civilian population, was a Hobbesian, "War of each against all". Raw power, military might, not morality, not legitimacy was the only currency. The Bush Administration and the UK Government led by Tony Blair, who has made some Faustian pact with Bush and his war mongering gamg were well aware this attack had no legal basis. The legal justifications offered then, and over which much squalid sophistry, and legalistic casuiatry has been used and cynically offered are transparently fraudulent.

Simply put. The invasion of Iraq was illegal. It's authors are criminals and should be tried as such.

The UN Charter

The 1945 UN Charter Article 2 , states the obligations of Member States,

“(they )must refrain..from the use of force against or the territorial integrity or political independence of any state”…except under certain narrowly defined circumstances.”

“Member states must seek a solution to disputes through the Security Council (Art 33) and the Security Council, which will determine what action to take” (Art 39)

It is only the Security Council that can decide upon the use of force :

“Plans for the application of force shall be made by the Security Council with the assistance of the Military Staff Committee..” (Art 48)

“Member states may use force but only the Security Council is empowered to provide the authority to use force.” (Art 48)

An exception is the attack by another state (Art 51), this includes an imminent attack. There is no suggestion either before, during or after the invasion that there was any prospect of such an attack on any member state. Although of course the Murdoch press had given a lot of the people who look at the headlines on the front page before the tits on Page 3, the idea that Cyprus was under imminent threat from missiles, and remotely controlled planes spraying God knows what.

So when the Bush / Blair gang invaded Iraq, it was not simply “by-passing” the Security Council, it was flagrantly ignoring it. That is what criminals do when faced with the controls of the law. They ignore it.

Nuremburg Trials. A precedent

Launching an aggressive war is a violation of the Charter of the Nuremberg Tribunal, to which both the UK and US are bound as signatories and whose principles were adopted by the UN General assembly in 1950.

The four power agreement creating the Military Tribunal for Germany, included

“a) Crimes against peace ­ planning, preparation, initiation, or waging a war of aggression, or a war in violation of international treaties, agreements and assurances, or participation in a common plan or conspiracy for the accomplishment of the foregoing”

It is little wonder then that Ms Wilmshurst, the Treasury brief with 26 years experience was unwilling to accept that any such planned invasion of Iraq had no legal basis and resigned rather than supportsuch national illegal action..

What is an Aggressive war?

Should Mr Bush and Mr Blair and their friendly and obedient lawyer, Mr Goldsmith (although evidently a somewhat frightened man) require a definition of what an aggressive war is, they need look no further than the 1974 UN General Assembly definition ­

“Aggression is the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any manner inconsistent with the Charter of the United Nations “… which includes,” the invasion or attack by armed forces of a State of the territory of another State, or any military occupation,” which gave legitimacy to Resolution 678 which gave the US authority to remove Saddam and his army from Kuwait.

Resolution 678, to which Mr Fleischer's neo-cons, and other apologists on both sides of the Atlantic and their Antipodean side-kicks cling to, to fraudulently justify their unleashing Armageddon.

Warren Austin the Chief Delegate of the US to the UN told the UN General Assembly on October 30th, 1946, that the US was bound by the principles of law encompassed by the Nuremberg Charter, as well as by the UN Charter. He said, “The Charter…makes planning or waging a war of aggression a crime against humanity for which individuals as well as nations can be brought before the bar of international justice, tried, and punished.”

Wesley Clark ­ Supreme Allied Commander Europe from 10 July 1997 through 3 May 2000 NATO The leader of the Gang in the last War of aggression before IRAQ

Before becoming NATO Commander, Clark was the Director for Strategic Plans and Policy within the Joint Chiefs of Staff. From this vantage point, Clark was well aware of and it is possible supported the arming of the Bosnian government by accepting contributions from various deep-pocketed Muslim countries, including Saudi Arabia, Iran, Malaysia, Brunei, Jordan, and Egypt. The Bosnia Defense Fund, was used to take these millions of dollars to buy weapons for the Bosnians and train them in their use through the use of private military contractors like Military Professional Resources, Inc. (MPRI). (Some of the weapons and cash for the Bosnians became "unaccounted for," and it is rumoured ended up in the hands of Al Qaeda and Iranian Pasdaran (Revolutionary Guard) units in Bosnia). Wesley Clark was in permanent liaison with the Kosovo Liberation Army (KLA). Under Wesley Clark's command, NATO therefore directly sponsored a terrorist paramilitary army, with links to Al Qaeda and the trans-Balkan narcotics trade.

The role of the Kosovo Liberation Army (KLA) as a terrorist organization is amply documented by Congressional transcripts. According to Frank Ciluffo of the Globalized Organised Crime Program, in a testimony presented to the House of Representatives Judicial Committee:

"What was largely hidden from public view was the fact that the KLA raise part of their funds from the sale of narcotics. Albania and Kosovo lie at the heart of the "Balkan Route" that links the "Golden Crescent" of Afghanistan and Pakistan to the drug markets of Europe. This route is worth an estimated $400 billion a year and handles 80 percent of heroin destined for Europe." (House Judiciary Committee, 13 December 2000)

The relationship between the KLA and Osama bin Laden is confirmed by Interpol's Criminal Intelligence division:

"The U.S. State Department listed the KLA as a terrorist organization, indicating that it was financing its operations with money from the international heroin trade and loans from Islamic countries and individuals, among them allegedly Usama bin Laden . Another link to bin Laden is the fact that the brother of a leader in an Egyptian Jihad organization and also a military commander of Usama bin Laden, was leading an elite KLA unit during the Kosovo conflict." (US Congress, Testimony of Ralf Mutschke of Interpol's Criminal Intelligence Division, to the House Judicial Committee, 13 December 2000).

The evidence regarding the KLA contained in Congressional transcripts, news reports and intelligence documents directly implicates General Wesley Clark.

During his stint as NATO Supreme commander (1997-2000). Clark had close personal ties with KLA Chief of Staff Commander Brigadier Agim Ceku and KLA Leader Hashim Thaci (see photo: http://www.mbruce.addr.com/clark.jpg ) Madeleine Albright also had close ties with Hacim Thaci (see photo: http://www.kosovo.com/koss05.jpg )

The development and training of KLA forces was part of NATO planning, directly led by General Wesley Clark. In the words of former Drug Enforcement Administration (DEA) secret agent Michael Levine, writing at the height of the 1999 bombing of Yugoslavia:

"Ten years ago we were arming and equipping the worst elements of the Mujahideen in Afghanistan - drug traffickers, arms smugglers, anti-American terrorists…Now we're doing the same thing with the KLA, which is tied in with every known middle and far eastern drug cartel. Interpol, Europol, and nearly every European intelligence and counter-narcotics agency has files open on drug syndicates that lead right to the KLA, and right to Albanian gangs in this country." (New American Magazine, May 24, 1999)

The KLA acted as a military force, present on the ground in Kosovo. It was integrated by US and British SAS Special Forces and remained in close liaison with NATO. The KLA was used by NATO High Command to acquire intelligence on bombing targets during the 1999 Kosovo campaign.

Confirmed by British military sources, the task of arming and training of the KLA had been entrusted in 1998 to the US Defence Intelligence Agency (DIA) and Britain's Secret Intelligence Services MI6, together with "former and serving members of 22 SAS [Britain's 22nd Special Air Services Regiment], as well as three British and American private security companies". (The Scotsman, Glasgow, 29 August 1999)

"The US DIA approached MI6 to arrange a training program for the KLA, said a senior British military source. `MI6 then sub-contracted the operation to two British security companies, who in turn approached a number of former members of the (22 SAS) regiment. Lists were then drawn up of weapons and equipment needed by the KLA.' While these covert operations were continuing, serving members of 22 SAS Regiment, mostly from the unit's D Squadron, were first deployed in Kosovo before the beginning of the bombing campaign in March [1999]." (Ibid)

While British SAS Special Forces in bases in Northern Albania were training the KLA, military instructors from Turkey and Afghanistan financed by the "Islamic jihad" were providing the KLA with guerilla and diversion tactics:


After the 1999 bombing of Yugoslavia, an act of aggressive war which had never been discussed by the UN Security Council NATO under Wesley Clark's command, supported the extension of the terrorist activities of the KLA into Southern Serbia and Macedonia.

Nothing surprising in all this as US Central Command (USCENTCOM) had already, during the Clinton administration, formulated "in theatre war plans" to invade Iraq and Iran. And the stated objective of these 1995 war plans was oil::

"The broad national security interests and objectives expressed in the President's National Security Strategy (NSS) [President Clinton] and the Chairman's National Military Strategy (NMS) form the foundation of the United States Central Command's theater strategy. The NSS directs implementation of a strategy of dual containment of the rogue states of Iraq and Iran as long as those states pose a threat to U.S. interests, to other states in the region, and to their own citizens. Dual containment is designed to maintain the balance of power in the region without depending on either Iraq or Iran. USCENTCOM's theater strategy is interest-based and threat-focused. The purpose of U.S. engagement, as espoused in the NSS, is to protect the United States' vital interest in the region - uninterrupted,and to secure U.S./Allied access to Gulf oil."( http://www.milnet.com/pentagon/centcom/chap1/stratgic.htm )

Not only did Wesley Clark lord it over the first unprovoked aerial bombardment of a major European city (Belgrade) since Adolf Hitler's Luftwaffe pounded virtually defenseless European cities, but he almost got into a shooting war with Russian peacekeeping troops in Kosovo. It was only the intervention of the British government, Defense Secretary William Cohen, and Joint Chiefs Chairman General Hugh Shelton that prevented Clark from starting World War III. When Clark ordered British Lt. Gen. Michael Jackson to forcibly block Kosovo's Pristina Airport to prevent Russian planes from landing, the Briton replied, "Sir, I am not starting World War III for you a**” Jackson was backed up all the way to Number 10 Downing Street. Clark was forced to back down. Eventually, Cohen fired Clark as NATO commander three months before his term was to expire.

Before becoming NATO Commander, Clark was the Director for Strategic Plans and Policy within the Joint Chiefs of Staff. From this vantage point, Clark was well aware of and likely supported the arming of the Bosnian government by accepting contributions from various deep-pocketed Muslim countries, including Saudi Arabia, Iran, Malaysia, Brunei, Jordan, and Egypt. Via something called the Bosnia Defense Fund, these countries deposited millions of dollars into U.S. coffers to buy weapons for the Bosnians and train them in their use through the use of private military contractors like Military Professional Resources, Inc. (MPRI). And when some of the weapons and cash for the Bosnians became "unaccounted for," where did some of the guns and cash wind up? In the hands of Al Qaeda and Iranian Pasdaran (Revolutionary Guard) units in Bosnia.

The highly respected law firm that established the Bosnia Defense Fund was none other than Feith and Zell, the firm of current Pentagon official and leading neo-con, Douglas Feith. Feith's operation at Feith and Zell was assisted by his one-time boss and current member of Rumsfeld's Defense Policy Board, Richard Perle. Both Feith and Perle advised the Bosnian delegation during the 1995 Dayton Peace talks. The chief U.S. military negotiator in Dayton was Wesley Clark.

General Wesley Clark now lives in comfortable retirement in Little Rock Arkansas, where he was brought up. A much decorated soldier the honours given to him include; The Distinguished Service Medal (two awards), Silver Star, Legion of Merit (four awards), Bronze Star Medal (two awards), Purple Heart, Meritorious Service Medal (two awards) and the Army Commendation Medal (two awards), NATO Medal for Service with NATO on Operations in Relation to Kosovo, NATO Medal for Service with NATO on Operations in Relation to the Former Republic of Yugoslavia. His Foreign awards include the Honorary Knight Commander of the Most Excellent Order of the British Empire (United Kingdom); Commander of the Legion of Honor (France); Grand Cross of the Order of Merit of the Federal Republic of Germany; Knight Grand Cross in the Order of Orange-Nassau, with Swords (Netherlands); Grand Officer of the Order of Merit of the Republic of Italy; Grand Cross of the Medal of Military Merit (Portugal); The Commander's Cross with Star of the Order of Merit of Republic of Poland; Grand Officer of the Order of Merit of the Grand Duchy of Luxembourg; Grand Medal of Military Merit (White Band) (Spain); The Grand Cordon of the Order of Leopold (Belgium); Cross of Merit of the Minister of Defense First Class (Czech Republic); Order of Merit of the Hungarian Republic; Commander's Cross, The Silver Order of Freedom of the Republic of Slovenia; Madarski Konnik Medal (Bulgaria); Commemorative Medal of the Minister of Defence of the Slovak Republic First Class (Slovakia); First Class Order of Lithuanian Grand Duke Gediminas (Lithuania); Order of the Cross of the Eagle (Estonia); The Skandeberg Medal (Albania); Order of Merit of Morocco; Order of Merit of Argentina; The Grade of Prince Butmir w/Ribbon and Star (Croatia) and the Military Service Cross of Canada. On August 9, 2000, he was awarded the Presidential Medal of Freedom, the Nation's highest civilian honour.



Dragan Nikolic was from June 1992 until about 30 September 1992, a commander of Susica detention camp in Vlasenica. He was found guilty earlier this month of Crimes against Humanity by THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA and sentenced to 23 years imprisonment. If you have a strong stomach you can read the indictment: http://www.haverford.edu/relg/sells/indictments/nikolic.html
. He systematically murdered and tortured unarmed prisoners and beat them to death with axe handles and metal pipes, sometimes beating them over a period of several days before they died. Nikolic also organized the rape and gang rape of women and girls.

ABU GHRAIB

The perpetrators of the acts that were photographed in Abu Ghraib that shocked the world have had to face charges of military discipline.

Spc. Jeremy C. Sivits of Hyndman, Pa., was sentenced to one year in jail and a discharge after pleading guilty in May to three counts. Spc. Armin Cruz, 24, a military intelligence soldier from Plano, Texas, was sentenced to eight months and a discharge for his part in the scandal.

Staff Sgt. Ivan L. "Chip" Frederick II of Buckingham, Va., was sentenced Oct. 21 to eight years in prison after pleading guilty to eight counts — the most severe sentence so far.

Earlier this month, Spc. Megan Ambuhl, 30, Centreville, Va., pleaded guilty at a summary court-martial in Baghdad to reduced charges of dereliction of duty for failing to prevent or report the maltreatment. Ambuhl was busted down to a private.

Most of those charged were in Iraq with the 372nd Military Police Company, based in Crespatown, Maryland. No one above the rank of staff sergeant has been charged in the case.

Jeremy Sivits pleaded guilty to four counts for taking pictures of naked Iraqi prisoners being humiliated, including some of the photographs that triggered the abuse scandal and sparked international outrage when they were broadcast and published. He received a sentence of 1 year in prison.

Spc Graner is the first of four soldiers to face a preliminary hearing outside Iraq at the US barracks in Mannheim. He is accused of maltreating detainees, conspiracy to maltreat detainees, dereliction of duty and wrongfully committing an indecent act - but it is not clear to which counts he will plead guilty. Also charged is Javal Davis, Also accused : Lynndie England, Sabrina Harman are now both in the US , and will appear at Fort Hood, Texas at some time in the future.

It is time we started charging the leading war criminals. Wesley Clark, would do for a start, for his actions (or determined inaction when faced with the most savage acts of racial violence, murder and rape accompanied by drug smuggling). The list of those responsible for those responsible for the conquest of Iraq is going to be lengthy, we could usefully start with George Bush, president of the United States and Tony Blair, Prime Minister of the United Kingdom.


MEANWHILE WE MUST REMEMBER …..

Alberto Gonzales, is a former Texas Supreme Court justice appointed by then-Gov. Bush, was named White House counsel in January 2001. He had also served as Texas' Secretary of State. In a famous memorandum to President Bush argued that the Geneva Convention, which he described as “quaint” would not apply in Afghanistan or to the Taliban.

* Gonzales said the "new paradigm" of the war on terrorism "renders obsolete Geneva's strict limitations on questioning of enemy prisoners and renders quaint some of its provisions."
* Gonzales outlined the pros and cons of applying the Geneva Conventions to al Qaeda and Taliban detainees. He was extraordinarily prescient in predicting that a failure to apply the Conventions across the board "could undermine U.S. military culture which emphasizes maintaining the highest standards of conduct in combat, and could introduce an element of uncertainty in the status of adversaries."
* He rejects his own argument, concluding that "our military remains bound to apply the principles of GPW [Geneva Conventions on Prisoners of War] because that is what you have directed them to do."
* Gonzales also notes that "It is difficult to predict the motives of prosecutors and independent counsels who may in the future decide to pursue unwarranted charges based on Section 2441 (of the US code, the War Crimes Act). Your determination [to bypass the Geneva Conventions] would create a reasonable basis in law that Section 2441 does not apply, which would provide a solid defense to any future prosecution."

On Thursday, November 11, 2004 President Bush nominated Alberto Gonzales, to be the next U.S. attorney general, the first Hispanic in a presidential Cabinet he replaces John Ashcroft.. Saying , "His sharp intellect and sound judgment have helped shape our policies in the war on terror," Bush said "He always gives me his frank opinion; he is a calm and steady voice in times of crisis. He has an unwavering principle of respect for the law."

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Reprinted for fair use only