German court declares Iraq war violated international law

[rumpel]

Date : 2005-09-28
German court declares Iraq war violated international law
By Justus Leicht – World Socialist Web Site

Just a few weeks ago, a highly significant judicial decision was handed down by the German Federal Administrative Court but barely mentioned in the German media. With careful reasoning, the judges ruled that the assault launched by the United States and its allies against Iraq was a clear war of aggression that violated international law.

Further, they meticulously demonstrated that the German government, in contrast to its public protestations, had assisted in the aggression against Iraq without having any legal right to do so. Although the decision was made three months ago, the judgement and its legal arguments have only just been made available in written form, comprising more than 130 pages.

The decision was made in relation to legal proceedings initiated by a German army officer who had refused to obey an order following the invasion of Iraq by the US-led coalition of forces because he feared that he would in effect be supporting the war. As a result, he was demoted from major to captain and the army filed a criminal complaint against him for insubordination. In its latest judgement, the Federal Administrative Court reversed the demotion and said the charges against the officer contravened Article 4, Paragraph 1 of the German Constitution, which guarantees the right to freedom of conscience.

The 48-year-old career soldier was assigned to work on the development of a computer program that he feared could be employed in the war against Iraq war. He informed his superior that he could not carry out the order. He then sought the army chaplain and his unit’s doctor and informed them that, in his opinion, based on what he had read in the German press, the war contravened international law. The doctor then sent him to a psychologist and even arranged for him to be examined to determine his mental sanity in an army hospital—a reaction that reminds one of Franz Kafka’s novels and the actions taken by Stalinist regimes against dissidents.

http://www.asiantribune.com/show_article.php?id=2726

[NJCher]

1. Wow, what a story

A story of courage. I am going to save this story. It is a wonderful example of what one human being can do.




Cher

[fooj]

19. Well, I'll be damned!

guarantees the right to freedom of conscience.

Peace.

[Pachamama]

29. I'm going to bookmark this story because I have a funny feeling that the

reference to the "violation of International Law" is something that we are all going to be hearing more of in the future for the Bush/Cheney Cabal...

Maybe when Fitzgerald and the US Courts are finished with these corrupt criminals, they can be handed over to the Hague....

A girl can dream, eh? :shrug:

[burrowowl]

2. Thanks for link

Late, will read and post tomorrow.

[rumpel]

7. Welcome. Puzzling though, it says very little coverage by German media.

[Kellanved]

12. puzzling indeed

It got plenty coverage, just not on the title pages (Google finds several hundred articles).

It is a somewhat strange case; a software developer refusing to follow orders was something new.
The illegal war angle is more projected towards Germany: the German constitution forbids participation in aggressive wars; the the court ruled that the supporting role played by Germany was enough to breach the constitution.

In retrospect it somewhat weird that during the "Freedom Fries" mania, nobody bothered to report about the massive support given by Germany . That support given was already more than legally possible, and yet Schröder (and Germany) is still getting blamed by critics in Germany and abroad for breaking the German-American alliance.

[Seabiscuit]

27. The court's decision is not merely "projected towards Germany"....

Rather, far more importantly, it very clearly spells out exactly why the U.S. and U.K invasion of Iraq is a violation of international law, and details exactly why this administration's unjustifiable claims that it had the right to do so under U.N. Resolution 1441 and under prior U.N. resolutions is a pack of lies.

In its analysis and conclusions, the court is essentialy saying that this war is a war crime and that the U.S. and U.K. administrations that created this war are all war criminals.

THAT's significant. It could set a precedent; form the basis of future action by courts in other countries including the U.S. and U.K. as well as ultimately the international court of justice at the Hague.

[LynnTheDem]

3. "a clear war of aggression" Or what the Nuremburg Tribunal called

The SUPREME CRIME.

[indepat]

15. My local RW rag blocked my e-mails after I suggested they tell us how

the invasion and occupation of Iraq differed materially from the German, Italian, and Japanese invasions in the 1930s, given that extermination of a race were not at issue here. The ba**ards must now know my question was legitimate, but they still have not questioned one thing about this war notwithstanding what is now generally known.

[LynnTheDem]

4. US soldiers refusing to go to Iraq are examined for mental sanity

as well. As Germany says, a reaction that reminds one of Franz Kafka’s novels and the actions taken by Stalinist regimes against dissidents.

[no_hypocrisy]

5. Sort of 2005 Catch -22: you're adjudged militarily insane if you

don't want to do duty in Iraq but on the other hand you are sane if you make the request.

[Hubert Flottz]

6. The same choices the German soldiers had during WWII.

Do it or else! The same choices our soldiers in Iraq have!

[Cha]

8. Wonder if merkle is fuming

about that?

[pberq]

9. Great story!!

Thanks, rumpel!

We need to keep stories like this alive. In spite of everything, there is some justice out there, and people of courage making a stand.

Let's hear it for that German officer!

[The Doctor.]

10. I have to wonder...

Suppose the same scenario played out in the US?

A soldier demoted for refusing to 'support' the illegal war has to show in court that the war is, in fact, illegal.

At the very least, the evidence... all the evidence is presented in court and poured over.

This would give a judge a chance to see the falsified information, understand who set up the OSP, and realize that the cause for war was indeed manufactured.

Then charges could be brought against Rumsfeld, Wolfowitz, and perhaps even the chimp himself.

[adwon]

30. The court would not rule on legality

This avenue was tried over a dozen times with Vietnam. It failed repeatedly because the federal courts refuse to intervene in foreign policy matters. Foreign policy is considered a 'political question' that has to be resolved by the elected branches, not the judiciary.

As an observation, the courts are pretty smart to do this. The war powers are divided between the elected branches, not the courts. I doubt the Supreme Court would much appreciate the executive and the legislature colluding to ignore their orders in retaliation for interference in matters that are far afield of the judiciary.

[Tom Joad]

11. Sen. Levin was saying that now that we are in Iraq...

we need to be "successful".

If this is a crime, then he would call for the immediate withdrawal of US troops. Unless he supports the crime at this point.

There is very little opposition regarding this ongoing crime in Congress. It is out in the streets, but not yet in Congress.

[Seabiscuit]

25. Anyone advocating being "successful" in a crime is complicit in the crime.

[IndyOp]

13. Politicians, Citizens, Soldiers must STOP participating in this war crime

called Iraq.

Another inspirational story: I know a man who is German, born and raised in Germany. He was a physicist and was 'drafted' to work on the Nazi team that was working to develop a nuclear bomb during WWII. (By drafted I mean: His house, wife and children were guarded by members of the SS who had orders to shoot to kill if he stepped out of line.) This man - and others on his team - prevented the Nazi's from developing the bomb - they worked very hard to produce formulas, experiments, plans that would lead nowhere but look as if they might be on the right track. One large act of resistance that saved many, many, many lives.

On the day his wife was to be inducted into the Nazi women's society she faked feinting and no one ever asked her to stand for induction again. One small act of resistance.

Each act matters, all matter. God Bless the German Major who refused to go along with his government!

[progressoid]

14. Nice, but it doesn't mean much.

I dare say, most of the world knows this war was morally wrong - even criminal. That it has been declared so by a German court is just a footnote. Even the Germans don't seem to be interested.

Heck, Henry Kissinger can't step foot in about a dozen countries because they would arrest him for war crimes. Big deal. This didn't deter his more ruthless students from committing similar crimes again and again.

[Nimrod2005]

16. Will someone be out on trial at the hague?

War crimes were also committed.

[Robeysays]

17. if it violates their constitution then they could say if bush was to

set foot in their territory he could be arrested, it could go for any one who architected this war.

[dretceterini]

18. The sad thing is

no one with any real power seems to care. The population, no matter whaich country we are talking about, seems to be happy with everything they have being mortaged up to the hilt.

Things were very differnt before credit cards existed. You couldn't buy anything you wanted; you had to actually be able to afford it.

[IntravenousDemilo]

31. I so love irony.

It would make me rub my hands with glee to see the Bushistas tried for war crimes -- BY THE GERMANS!

[texpatriot2004]

20. What will become of this? What does their decision mean? n.t

[Miss Chybil]

21. In a just world, this would mean something.

But, justice does not live here, anymore. More likely, never did.

[Tigress DEM]

22. Or the doctor could have been laying the foundation for success...

If he felt the man was rational and knew what he would be up against, an immediate analysis to prove the man's sanity and rationality would put his whole case in a better light. When they choose people to perform the exams who have a predetermined agenda, that's when it's bad fiction.

"The doctor then sent him to a psychologist and even arranged for him to be examined to determine his mental sanity in an army hospital—a reaction that reminds one of Franz Kafka’s novels and the actions taken by Stalinist regimes against ."

[hootinholler]

23. How apropos!

That a German Court makes a finding on the legality of the Iraq Invasion.

Poetic, even.

-Hoot

[texpatriot2004]

26. That's what I thought too. The Germans would know it when they

see it.

[tgnyc]

24. The German Constitution guarantees the right to freedom of conscience!

Radical!

[FreedomAngel82]

28. Wow

It lays it out all nice. So basically anybody who supported Bush's Iraq war violated international law. *sigh* I just hope we can get justice for what Bush has done.

[Pacifist Patriot]

32. And the great vacuum known as American media won't touch this

important story with a ten-foot ballpoint.

[burrowowl]

33. Article requires another

:kick: