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Nuremberg Lesson for Iraq War: It’s Murder

Published on Tuesday, August 30, 2005, distributed by Knight-Ridder Newspapers
By Michael Mandel

This month marks the 60th anniversary of the London Charter of the International Military Tribunal, the basic legal document for the trial of the major Nazi war criminals that commenced in November 1945.
One of the great innovations of that charter was the charge of "Crimes Against Peace," defined as the "planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances."

In a famous passage from their judgment of the following year, the four judges of the tribunal (American, British, French and Russian) declared the crime of aggressive war to be "the supreme international crime, differing only from other war crimes in that it contains within itself the accumulated evil of the whole."

The innovation of the crime of aggressive war was in fact denounced by the Nazi defendants as "ex post facto law," but Justice Robert Jackson, America's prosecutor at Nuremberg, had an answer for this: Illegal wars were nothing more than mass murder, and there was nothing ex post facto about the crime of murder. Here's what Jackson said to the tribunal in his opening statement on Nov. 21, 1945:

Any resort to war - any kind of war - is a resort to means that are inherently criminal. War inevitably is a course of killings, assaults, deprivations of liberty and destruction of property. An honestly defensive war is, of course, legal and saves those lawfully conducting it from criminality. But inherently criminal acts cannot be defended by showing that those who committed them were engaged in a war, when war itself is illegal. The very minimum legal consequence of the treaties making aggressive war illegal is to strip those who incite or wage them of every defense the law ever gave, and to leave the war-makers subject to judgment by the usually accepted principles of the law of crimes.

The crime of aggression is nowhere to be seen in modern international criminal codes, and leading the charge against including it has been the United States itself. It's easy to see why. The war in Iraq, for one example, constitutes the quintessential war of aggression, falling very far short, rhetoric apart, of any justification in self-defense or authorization by the Security Council of the United Nations, the only two accepted legal grounds for war in international law. The U.N. Charter is one of those "international treaties" mentioned in the London Charter of 1945. And with the best estimates of the cost in Iraqi civilian lives ranging between 25,000 (Iraq body count) and 100,000 (Johns Hopkins School of Public Health, Baltimore), all well within prewar predictions, it seems perverse to keep on insisting that this was a "humanitarian intervention," itself a dubious legal ground for war. In fact, it amounts to rather a lot of counts of murder on Jackson's definition.

To put this in some kind of perspective, in Canada the press has recently been obsessed with sex killer Karla Homolka, who participated with her husband, Paul Bernardo, in the sadistic murder of two teenage girls, and then served only 12 years in jail for it. And the British press has been desperate to understand how four Britons could have had it within them to murder 52 people on July 7. The claim that civilians aren't targeted by American weaponry ("collateral damage") is irrelevant. Not only does Jackson's definition apply to soldiers as well, but, according to most definitions of murder, it's enough that the criminal knew that his or her unlawful behavior would result in death, whether or not it was meant to. Under Texas law, for example, a person commits murder if he or she "intentionally or knowingly causes the death of an individual." It's also murder if the person "intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual."

Nuremberg prosecutor Bernard Meltzer wrote soon after the Nazi trials that, "a modern war, no matter how chivalrous, involves so much misery that to punish deviations from the conventions without punishing the instigators of an aggressive war seems like a mocking exercise in gentlemanly futility."

Perhaps it is worth pondering, in the midst of the immense suffering unleashed by the Iraq war whether we are engaged in the same mocking exercise when we prosecute those far down the chain of command for violations of the Geneva Conventions and let the unleashers of illegal wars get away with murder.

Michael Mandel is a professor of law at Osgoode Hall Law School, York University.

© 2005 Knight Ridder


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Select your preferred way to display the comments and click "Save settings" to activate your changes. is mobilizing a massive impeachment contingent at the huge September 24, 2005 anti-war March on Washington. Assemble at 12 noon at the White House. Check out the website below to learn about the impeachment movement next month.

Bush, Cheney, Rumsfeld, Rice, Powell, Perle, Feith, et al--including Tony Blair--are not only guilty of crimes against peace, but of crimes against humanity. In addition they have violated International Law, the Geneva Convention and, of course, all the Americans have violated the U.S. Constitution. They should be tried and punished severely for their crimes. If not executed, they should serve at hard labour for the rest of their lives.

The trick is to get a court to bring charges against them. Whether a US court (unlikely) or an international tribunal (ICC or World Court - can't think of the proper name at the moment - a posibility). I don't know if there is any attention is being given to this by an international body, I'd sleep better knowing there was. (Wanna see Bolton go balistic? Get the UN to press charges against and impose sanctions on the US!)

Of course the first step is to elect a congress in 2006 that will impeach the Bush Bunch - that means overhauling the electoral system, ridding it of "blackbox" voting machines, and assuring that everyone has the right to vote without hinderance and that their vote is counted. ( Just a thought about elections, ne 2000 and 2004; has the thought that the United States was the victim of a coups d'etat occured to others? )

There were educational symposiums at a world tribunal that included a jury of conscience in Istanbul during June of this year 2005 called WTI (World Tribunal on Iraq) > I do not think it has legal recourse against war criminals, but it does culminate in the past 2 1/2 years of studies of the dehumanization effects to the Iraqui peoples since Bushco illegally invaded back in 2003.

WTI is outstanding at removing the word "noble" from Bush's sickening phrase "noble cause". WTI put together a lot of studies which should be able to be used as evidence at a war crimes trial, in addition to all the other evidence Bushco has provided itself with the DSM & PNAC.

As far as legal war crimes tribunals, the ICC at the Hague , I would have to agree, would be the best venue ( US court for impeachment and US laws ONLY, NOT international war crimes>>>no more foxes watching hens!)

He is not a member of PNAC and I think he got suckered in . I do not believe Neoconism is Powell's ideaology... I think he finally caught on and that's why he resigned. PNAC used his credibility to sell war to UN and American people. How much Powell realized he was a dupe and decoy for the PNAC , I do not know. But it is an old scammer's trick to use a credible person unwittingly as a dupe (pyramid scam uplines do this bait and switch trick and I smell Rove all around this classic trick). I think Powell then started to realize that there was something afoot, whether he knew it had a name and it was PNAC or not, I'm not sure, but I think Powell smelled a big rat and that's why he got out. Personally, if I were the prosecutor, I would make a deal with Powell for him to be a witness for the prosecutorial evidences. ALL the rest of them are obviously in over their heads, including Condi>>> she is lockstep with the PNAC "boys".

Powell has testified before the Fitzgerald grand jury. It just hasn't been widely reported. Tenet has, too.

Whaddya think> did they spill it all?

Dear David,

I posted this information to Congressman John Conyers and The, too! Please review this information SERIOUSLY!


Charlie C.
Dallas TX

Comment #11: hpcharlie said on 8/31/05 @ 1:23am ET...


No matter how this storm evolved, I pray that God will comfort all those afflicted by this "Horrific Hurricane!"


Charlie C.
Dallas TX

I thought I'd share the following with others since I spent over 6+ hours on the Internet on 8/29/05 and it "opened my eyes" beyond what I ever thought was capable or could ever happen!

I'm the kind of person that won't even let the 1% chance happen when it comes to "not ruling out the possiblity" that this Adminstration will do "Anything to Stay in Power!"

Please share with me your thoughts regarding the following information:

Scalar Weather Wars:

Hurricane Katrina and the Rape of New Orleans

by: Stefan Grossmann,

Monday, 8-29-5

1. The Bush Jr. regime is a hair’s breadth away from collapsing in chaos, infamy and insanity as the truth radio is about to break the story how G. W. Bushfraud bribed his way into the White House in late 2000. See separate news coverage coming soon.

What happens in such situations is: News diversions are orchestrated in order to take away the public’s attention from the homespun disasters. Such as, a whale strands in the arctic and all the oil-soaked spy-riddled mainstream media babble about stranded whales for days or even weeks until the news about the actual catastrophe at home is forgotten and, for practical purposes, suppressed.

This well-known routine is happening again. As the to-be-covered-up news event (Bush bribed his way into the White House) is so huge, the cover-up ploy is also huge: A scalar-engineered hurricane named Katrina. The shadow government has decided to sacrifice an entire city, New Orleans, to cover up the coming news of bribery and in order to further rig the price of oil.

2. Weather engineering includes the blow-up of small hurricanes into large ones. The technology is zealously denied by so-called meterologists and physicists, but it exists anyhow. It has been described, for example, by veteran Pentagon scientist and scalar researcher Col. Tom Bearden at his huge web site, Here are some quotes (in finer print):

Soviet Weather Engineering over North America


This taped presentation, which was made in 1985, is included for historical reference purposes only. Since then, the technology has been developed into more rigorous longitudinal EM wave interferometry, which is the exact nature of those earlier weather engineering weapons. The foundations of scalar electro-magnetics are well explained in this presentation.

U.S. Defence Secretary Cohen expresses concern about eco-terrorism using scalar electromagnetic weapons.

„Others [terrorists] are engaging even in an eco-type of terrorism whereby they can alter the climate, set off earthquakes, volcanoes remotely through the use of electromagnetic waves... So there are plenty of ingenious minds out there that are at work finding ways in which they can wreak terror upon other nations...It's real, and that's the reason why we have to intensify our [counterterrorism] efforts.“

Secretary of Defense William Cohen at an April 1997 counterterrorism conference sponsored by former Senator Sam Nunn.

Quoted from DoD News Briefing, Secretary of Defense William S. Cohen, Q&A at the Conference on Terrorism, Weapons of Mass Destruction, and U.S. Strategy, University of Georgia, Athens, Apr. 28, 1997.


Examples of anomalous cloud formations in the year 2000

1. Complex „wheel-spoke“ pattern, a forerunner of which was first observed around 20 years ago. 28 November, 2000

2. Hexagonal shaped patterns - possible tests of containment barriers for areas contaminated by biological warfare. 16 November, 2000

Source of foregoing quote by Tom Bearden:

On this slide we diagrammatically represent the Soviet woodpecker interference grid over the U.S. This grid can easily be used to influence and control the weather, and for over a decade the Soviets have manipulated the weather over the U.S. and other parts of the world.

By the peculiar title of this slide, we wish to call attention to the fact that, in the exothermic mode of scalar interferometry riding on the woodpecker radar signals, each of the woodpecker grid interference cells can act as a little „virtual transmitter.“ It's exactly as if the Soviets had been permitted to enter the U.S. and build thousands of EM transmitters at regular intervals all over the country!

And of course it's even worse. In the endothermic mode, it's as if the Soviets had been permitted to enter the U.S. and build thousands of „cold generators“ all over the U.S. That is, in that mode, each of the „transmitters“ can actually extract electromagnetic energy.

These two modes have enabled the Soviet Union to drastically manipulate the weather at will over the U.S. during the last decade (and similarly, for other places as well.)

(For a full disclosure of the Soviet weather control operations over the U.S., see T. E. Bearden, Soviet Weather Engineering Over North America, 1-hr. videotape, 1955, available from POB 1472, Huntsville, Alabama 35807, $40.00 U.S. postpaid, VHS or BETA format. We will only summarize here.).

Briefly, inside various reference level zeros on the ordinary EM woodpecker carriers, scalar „channels“ are established. Scalar beams, signals, and interferometer pulses and transmissions can be transmitted through these reference channels as if directly through a wire. Phasing, pulse shaping, and Fourier expansion formation of geometric forms are then the key to be used in scalar interferometry through the internal scalar channels of the Soviet woodpecker signals.

By choosing one or more grid cells and using scalar interference there in the exothermic continuous mode, local heating and expansion of the air, and formation of a high pressure area, occurs.

By choosing one or more grid cells and using scalar interference there in the endothermic continuous mode, local cooling and shrinking of the air, and formation of a low pressure area, occurs.

By electromagnetic ''rotation“ of the interfering scalar beams, the hotspots and coldspots can be moved along a desired path and at a desired speed.

By these methods the entire jetstream across the U.S. can be deviated and controlled to a large degree. Moisture can be drawn from the Pacific beyond Southern California and Mexico, and collided over the southern U.S. with extremely cold air brought down from Canada, producing ice storms such as those in and around February 1, 1985.

Violent thunderstorm activity can be induced and directed. By adding „spin“, these same storms can be induced to form extensive tornados.

By sustained weather engineering operations, drought or excessive rain and flooding can be induced in areas of the U.S. as desired. Crops can be destroyed or heavily damaged by severe and unseasonal weather.

If the grid is placed in the ground on scalar EM carriers instead of normal EM carriers (and the woodpecker „radars,“ can switch to, or add, scalar carrier mode whenever they wish), it can be used as an anti-submarine weapon, as we shall see later. It can also be used to cause substantial ocean effects that have drastic consequences on the world's weather -- such as the anomalous El Nino of 1982-83.

By localizing one spot of heating at the top of a thunderstorm anvil, and another spot of cooling at its side, a localized downburst can be created. Our weather satellites have detected just such an anomalous combination heating and cooling of thunderstorm anvils over the U.S. While there may exist natural mechanisms to cause this anomalous dual pattern, it may also be caused by Soviet weather engineering, which can cause either broad-area or highly localized effects.

All these types of weather engineering incidents have been deliberately created over the U.S. by the Soviet Union.

Perhaps the greatest weather effects can be induced by altering some of the large scale normal mechanisms that influence and control our weather. Thus the artificially induced El Nino of 1982-83 was a case in point, causing drastic weather upsets worldwide for a year or more.

The last decade has seen weather so anomalous that it could only occur once in 1200 years by chance. It has not been due to normal chance, but by Soviet weather engineering, particularly since the advent of the Woodpecker transmitter complexes.


The Woodpecker transmitters can carry scalar components which, in addition to biological strikes, can be used for many other purposes such as to

1. influence and control the weather,

2. deviate the giant jetstreams of the upper atmosphere,

3. detect, track and destroy missiles shortly after launch,

4. detect, track and destroy strategic bombers and other aircraft,

5. attack land and ocean surface targets by large aerial electromagnetic explosions: the EM explosion produces the fireball, the thermal effects, and the blast wave of a nuclear explosion without the nuclear radiation and radioactive fallout contamination;

6. attack surface land and ocean targets by large „cold explosions“, where living things freeze almost instantly, leaving the surface facilities and equipment intact,

7. attack land and ocean surface targets by severe internal electromagnetic disruption, so that all electronics are dudded,

8. attack personnel on land and sea by direct destruction of their nervous systems with an internally induced strong EMP,

9. disrupt the operation of distant facilities, equipment, and personnel or destroy food crops in large areas by severe cold or severe heating, or even startling oscillation between the two.
In addition, the scalar aspects of the Woodpecker transmitters can be beamed through the earth and ocean as surface waves or at a given depth to intersect at a distant region. This mode can be used to

10. cause distant earthquakes in a distant fault zone by depositing energy in the rocks there, increasing the plate stress until slippage occurs at a fault zone,

11. cause large, anomalous rocking of an entire plate or large area, by depositing and extracting energy from alternate areas, causing buckling of the large rock plate,

12. set up an interference grid under the water, so that underwater submarines can be detected, tracked, and destroyed on station and with their missiles still unfired,

13. attack naval vessels and task forces through the water and through their hulls, without warning,

14. attack missile silos and nuclear storage sites „before launch“, directly through the earth itself,

15. initiate the full nuclear explosion of implosion-type nuclear warheads on-board missiles on station,

16. initiate full nuclear explosion of implosion-type nuclear warheads in storage sites and ready reserve,

17. destroy seaborne and ocean-bottom-mounted mines and underwater sensors, even including entire „fields“ of them,

18. detect and destroy hostile torpedoes, ship-to-underwater anti-submarine missiles, and dumped anti-submarine munitions and charges,

19. „pump“ the electrical grounding of distant electrical power distribution and generation systems so that the system catastrophically fails,

20. „pump“ the electrical grounding of distant electrical power systems so that radio and television transmitters, power grids, and wiring complexes in buildings and facilities radiate a desired scalar wave component or signal complex at equipment and personnel.

All in all, the woodpecker transmitter complexes and other associated scalar EM weaponry are most useful in the major missions required in war.

Source of foregoing quote by Tom Bearden:

Today, weather engineering is also part of the Pentagon’s military arsenal and is at the command of America’s public enemy Nr. 1, the shadow government.

Basically, the U.S.A. lost the cold war - contrary to all newspaper allegations - against the Soviet Union because of scalar weapons and weather controlling technology. This is one of the key reasons for the multi-trillion dollar Pentagon black budget and secret arms program, namely to catch up in the scalar arms race. The main part of this technology was developed for the Pentagon by Israel and its ultra-secret scalar weapons program and is the reason why the U.S.A. has basically lost its sovereignty to a clique of internationalist scalar terrorists with hyper-tech abilities (such as also demonstrated in the „plane“ deceptions on 9-11-1).

Much fine print would need to be added here to explain the exact meaning of the terms „Israel“ and „Pentagon“ in the foregoing context. The terms are not identical with the alleged constitutional governments of Israel and the U.S.A. Essentially, the body of people involved is one and the same. It has close ties with the international central banking cabal (Bank of England, Vatican/Jesuits, Federal Reserve Bank/Alan Greenspan, AIG/Starr International/Maurice Greenberg, Citibank/David Rockefeller, Carlyle Group, Blackstone Group/Henry Kissinger/Maurice Greenberg/Pete Petersen, Council on Foreign Relations, Trilateral Commission, Bilderberg Group, World Bank, Zionist Neocon cabal, et al., also with alleged Rothschild banking interests involved from the European side). Politically, there is a tight control group with its center being, purportedly, the four: Kissinger, Bush Sr., Hillary Clinton, William Rockefeller-Clinton. In brief, the Bush-Rockefeller Crime Syndicate (if Bill’s family name „Clinton“ is corrected, according to the alleged fatherhood [Winthrop Rockefeller, former Arkansas governor and some say Clinton look-alike], into „Rockefeller“). Many details are omitted here due to time and space restrictions.

For specific (but not all) analytical details, see book by Tom Bearden, „Fer de Lance“ (updated 2nd edition

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For what it's worth, Dr. Wilhelm Reich was doing extensive research and experimentation in the areas of "Weather Control" in the 1950s.

One of the most striking experiments was on 10 September 1954 when hurricane Edna was expected to slam straight in to New York City. His team set up their "cloudbuster" apparatus and . . . for whatever reason, Edna suddenly shifted course and passed 50 miles east of New York. Several media outlets gave him credit for "saving New York" others wrote it off to "coincidence theory."

When the FDA raided his Orgonon lab in Maine, this research was seized.

Dr. Wilhelm Reich died mysteriously in prison on 20 November 1957 while serving out a trumped up "Contempt of Court" charge. The "Contempt of Court" charge was the Machiavellian tactic of choice during the "Red Scare" by the American Fascists/NEO CONS that were utilizing the "anti-communist" tactics they were learning from the NAZI scientists/propagandists smuggled out under "Operation Paperclip" after WWII.

Dr. Wilhelm Reich wanted to use this technology to neutralize major storms and bring water to the deserts. As we all know, to the Right Man Patriarchal Fascist, science is only of value if it can be used for "Power" or "Control". The Pentagon/CIA has a long history of research into using weather as a weapon.

For the Newbies, go find a copy of "A Book of Dreams" by Peter Reich,
Wilhelm Reich's son.

"I still dream of Orgonon.
I wake up crying.
You're making rain,
And you're just in reach,
When you and sleep escape me."
- Cloudbusting by Kate Bush


Attempts at weather control have unquestionably been carried out in several milieus. But I'm not sure that we need to look quite so hard for mysterious experiments to find links between human activities and climatological events such as this one.

There is growing evidence that increased hurricane severity may be just one more phenomenon among many attributable to global climate changes brought on by atmospheric pollutants. (See here and here for example.) If so, Bush's rejection of the Kyoto Accord may be at least as significant as any particular nefarious plot.

Bush is hardly a good steward of God's earth, so the Bushco 'tude that is pro-pollution is against man & God as well.

So, you suppose Bush is going to declare a global war on hurricanes? "Overwhelming evidence proves it was Syria."

I would encourage you and everyone reading this to watch the movie "Nuremberg" on DVD or VCR. The defendants in the movie are so arrogant and repugnant, and you will recognize many of their familiar traits in the current Administration. Their system of taking over here in America was more cunning, to be sure, but they followed the same formula as these defendants in the movie.

Note that "Michael Mandel is a professor of law at Osgoode Hall Law School, York University". He's just another one of those "Goodie-Two-Shoes" Canucks trying to suggest that international laws, UN Charters and other treaty obligations should have some bearing on U.S. foreign policies and the conduct of its imperial PNAC activites.

Pay him no heed, Georgie. You and your pals are immune to any such quaint and obsolete considerations. Remember John Bolton took care of any threat from that big bad International Criminal Court and your pals in Congress will never let you do any hard time.

Of course, if they have to do something to save their own skins, all bets are off. So maybe you should get Uncle Dick to arrange a little targeted strike on York University just in case. Hell, you could drop a "tactical nuke" or two on Toronto just as practive for Iran. Think of all the glorious "freedom and democracy" that would bring, and, as an added bonus, there's some oil in Canada too.

If Bush, Cheney and Rumsfeld are not war criminals- there are not any.

If Bush, Cheney and Rumsfeld are not war criminals- there are not any.

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