War Hero or War Criminal?
By Robert Richter
October 16, 2008 "Information Clearinghouse" -- - As character assassination attacks on Sen. Barack Obama have now taken over Sen. John McCain's campaign, and because McCain cites his military experience as of prime importance, now is the time to focus closer attention on a facet of the Arizona Senator's own character. This is related to his 23 combat missions for Operation Rolling Thunder - the Pentagon's name for U.S. bombing of North Vietnam.
I will never forget how stunned I was when Gen. Telford Taylor, a chief U.S. prosecutor at the Nuremberg trials after World War Two, told me that he strongly supported the idea of trying the U.S. pilots captured in North Vietnam as war criminals - and that he would be proud to lead in their prosecution.
An ardent opponent of the Vietnam conflict, Taylor spoke with me in the fall of 1966 when I was looking into producing a documentary on this controversy for CBS News, where I was their National Political Editor. While he did not mention any pilot's name, then U.S. Navy Lieut. Commander John McCain who was captured a year later, would have been among the group Taylor wanted to prosecute.
Why would anyone have wanted to prosecute McCain and the other captured pilots? Taylor's argument was that their actions were in violation of the Geneva conventions that specifically forbid indiscriminate bombing that could cause incidental loss of civilian life or damage to civilian objects. Adding to the Geneva code, he noted, was the decision at the Nuremberg trials after World War Two: military personnel cannot defend themselves against such a charge with a claim that they were simply following orders.
There were questions raised about whether the Geneva conventions applied to the pilots, since there had been no formal declaration of war by the U.S. against the Hanoi regime - and the Geneva rules presumably are only in force in a “declared” war.
Anti-war critics at the time claimed that despite the Pentagon's assertion that only military targets were bombed, U.S. pilots also had bombed hospitals and other civilian targets, a charge that turned out to be correct and was confirmed by the New York Times' chief foreign correspondent, Harrison Salisbury.
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