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laodan discovered this in Politics
•1 reviews since Oct 17, 2006
international-relations
•guardian.co.uk/comment/story/0,,1923914,00.ht...
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laodan discovered 22 months ago- The courts are starting to accept that the war against Iraq is a crime. in The Guardian by George Monbiot. While these non-verdicts are as far as the defence of lawful excuse for impeding the Iraq war has progressed in the UK, in Ireland and Germany the courts have made decisions - scarcely reported over here - whose implications are momentous. ... There is no prospect that the British prime minister could be put on trial for war crimes in this country (although, as the international lawyer Philippe Sands points out, there is a chance that he could be arrested and tried elsewhere). Even so, the government appears to find these legal processes profoundly threatening. ... It is true that such verdicts (or non-verdicts) impose no legal obligations on the government. They do not in themselves demonstrate that its ministers are guilty of war crimes. But every time the prosecution fails to secure a conviction, the state's authority to take decisions which contravene international law is weakened. ... There is no prospect that the British prime minister could be put on trial for war crimes in this country (although, as the international lawyer Philippe Sands points out, there is a chance that he could be arrested and tried elsewhere). Even so, the government appears to find these legal processes profoundly threatening. URL: The courts are starting to accept that the war against Iraq is a crime.
It makes no doubt that court actions will be undertaken, at least in Europe, against those in power who blatantly violated international law. And who knows perhaps even in the US will we see the law recover its political centrality once again...
- The courts are starting to accept that the war against Iraq is a crime. in The Guardian by George Monbiot. While these non-verdicts are as far as the defence of lawful excuse for impeding the Iraq war has progressed in the UK, in Ireland and Germany the courts have made decisions - scarcely reported over here - whose implications are momentous. ... There is no prospect that the British prime minister could be put on trial for war crimes in this country (although, as the international lawyer Philippe Sands points out, there is a chance that he could be arrested and tried elsewhere). Even so, the government appears to find these legal processes profoundly threatening. ... It is true that such verdicts (or non-verdicts) impose no legal obligations on the government. They do not in themselves demonstrate that its ministers are guilty of war crimes. But every time the prosecution fails to secure a conviction, the state's authority to take decisions which contravene international law is weakened. ... There is no prospect that the British prime minister could be put on trial for war crimes in this country (although, as the international lawyer Philippe Sands points out, there is a chance that he could be arrested and tried elsewhere). Even so, the government appears to find these legal processes profoundly threatening. URL: The courts are starting to accept that the war against Iraq is a crime.
