NetNews Usenet Archive 1993 #3/NN_1993_3.iso/spool/alt/conspira/14745

Internet Message Format | 1993-01-28 | 7.5 KB

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From: [e-mail] (John DiNardo)
Subject: Part 12,  Within America's Soul, Hitler is Victorious
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    Working with Ramsey Clark in opposing Bush's Persian Gulf War,
    attorney Michael Ratner composed the following legal declaration:

*   *   *   *   *   *   *   *   *   *   *   *   *   *   *   *   *   *
                    INITIAL LEGAL MATERIALS

     The modern law of war and peace is generally agreed to begin
with the publication in 1625 of De Jure Belli ac Pacis by Hugo
Grotius.  Grotius believed the care to preserve society was the
source of all law.  He recognized the primary importance of
preventing war.  Still, with war the common condition of the Europe
in which he lived, he sought to identify rules of war which would
limit its horror.  While for many the idea of rules of war is a
contradiction, it is such rules that international law struggles to
establish in its care to preserve society until war itself is
abolished.

     Central to all modern efforts to limit war has been the desire
to protect civilians, non combatants and resources and facilities
essential to their survival.  With the growth of technology in
warfare, efforts have been made for over 150 years to prohibit or
restrict uses of weapons of mass destruction and those causing
unusually cruel or painful death or injury.

     An essential standard throughout the rules of armed conflict
is the prohibition of the use of excessive force and affliction of
wanton death or destruction.  The concept of proportionality, that
force be carefully limited to that required to defend or achieve
legitimate military ends, is integrated into the laws of war in all
its applications.

     For purposes of identifying criminal acts in the planning,
preparation and execution of the Gulf conflict, a handful of basic
laws are most important.  Sections 22 and 23 of the regulations
annexed to Hague Convention No. IV, Respecting Laws and Customs of
War on Land (1907), for example, establish the principles that the
means and manner of waging war are not unlimited and that weapons
causing unnecessary suffering are prohibited.

     The Charter of the United Nations is basic to the hope for
peace. It is the appropriate place to begin any legal analysis of
crimes against peace and war crimes in our times.

     U.S. military service manuals provide Rules of Engagement for
U.S. Forces taken largely from customary international law and the
developing laws of armed conflicts.

     The United States Constitution, and particularly, Article I,
section 8 and Article II, section 2, allocate powers over war and
peace between the Congress and the President.  Numerous federal
criminal statutes proscribe activity affecting peace or prohibited
in war.

     There are many other Covenents, Conventions, treaties,
regulations, and draft codes that are important to a complete
analysis.  The Universal Declaration of Human Rights is an
important statement because a respect for the rights of others is
necessary to any real peace.  The texts and partial texts of three
key and binding sources of international law are set forth as
follows:

     I.   United Nations Charter  pp
     II.  Principles of the Nuremberg Tribunal  pp
     III. Geneva Conventions  pp

                I. CHARTER OF THE UNITED NATIONS

   WE THE PEOPLE OF THE UNITED NATIONS DETERMINED

           to save succeeding generations from the
          scourge of war, which twice in our lifetime
           has brought untold sorrow to mankind, and

           to reaffirm faith in fundamental human
           rights, in the dignity and worth of the
           human person, in the equal rights of men and
           women, and of nations large and small, and

           to establish conditions under which justice
           and respect for the obligations arising from
           treaties and other sources of international
           law can be maintained, and

           to promote social progress and better
           standards of life in larger freedom,...

Article 2
           The Organization and its Members, in pursuit of the
     Purposes stated in Article 1, shall act in accordance with
      the following Principles:

           l. The Organization is based on the principle of the
       sovereign equality of all its members.
                         *     *    *
           3. All Members shall settle their international
       disputes by peaceful means in such a manner that
       international peace and security, and justice, are
       not endangered.
                         *    *    *
          4.  All Members shall refrain in their international
        relations from the threat or use of force against the
        territorial integrity or political independence of any
        state, or in any other manner inconsistent with the
        Purposes of the United Nations.

        Chapter Vl of the Charter is devoted to Pacific Settlement
of Disputes.  Its Article 33 states:

                        Chapter Vl
                 PACIFIC SETTLEMENT OF DISPUTES
Article 33
          l.   The parties to any dispute, the continuance of
      which is likely to endanger the maintenance of internation-
      al peace and sucurity, shall, first of all, seek a solution
      by negotiation, enquiry, mediation, conciliation,
      arbitration, judicial settlement, resort to regional
      agencies or arrangements, or other peaceful means of
      their own choice.

          2.   The Security Council shall, when it deems
       necessary, call upon the parties to settle their
       disputes by such means.


     [You can help Ramsey Clark in his struggle for justice by
      calling his International Action Center in New York City
      at [phone].]
                         (to be continued)
*   *   *   *   *   *   *   *   *   *   *   *   *   *   *   *   *   *   *

        The American Public is evidently in dire need of the truth,
        for when the plutocracy feeds us sweet lies in place of the
        bitter truth that would evoke remedial action by the People,
        then we are in peril of sinking inextricably into despotism.

        So, please post the episodes of this ongoing series to
        computer bulletin boards, and post hardcopies in public places,
        both on and off campus. The need for concerned people, alerting
        their neighbors to overshadowing dangers, still exists, as it
        did in the era of Paul Revere. That need is as enduring as
        society itself.

             John DiNardo