Fake faith and epic crimes

The Brussels War Crimes Tribunal and the newly established Blair War Crimes Foundation are building a case for the former British prime minister's prosecution

by John Pilger

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 [sic] 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, the 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. The then home secretary, Jack Straw, let him escape back to Chile.

The Pinochet case was the ignition. On 19 January, 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 no longer 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 first defence secretary, Donald Rumsfeld, who demanded an invasion of Iraq in 2001 and personally approved torture techniques for use in Iraq and 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 600,000 peasants to death 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.

http://www.newstatesman.com/religion/2009/04/war-crimes-blair-pilger-iraq