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“All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations.” The U.N. Charter
It may seem nonsensical that war would have laws that regulate its conduct. War is the most lawless and inhumane human activity. But there are both international and U.S. laws that regulate military behavior and prohibit governments – including our own – from using war and offensive armed force against other nations.
When peace advocates point out these facts, they are derided as unrealistic, unpatriotic radicals. But the rule of law is essential for democracy, a civilized domestic society, effective international relations and a peaceful world.
International laws of war are divided into two categories. One controls when and under what conditions a nation is justified in engaging in war. The other regulates conduct of military forces during armed conflict.
The quote above from the United Nation’s Charter is an example of laws restricting when nations can use armed force. The United States is a signatory to and is obligated to obey the provisions of the U.N. Charter.
In 1928 the U.S. was instrumental in the creation of a treaty that was supposed to outlaw war a tool of national policy. The Kellogg Briand Pact (officially the “General Treaty for Renunciation of War”) was negotiated by U.S. Secretary of State Frank B. Kellogg (from Minnesota) and French Foreign Minister Aristide Briand. The treaty was signed by 60 nations that promised to renounce war and settle disputes peacefully. The Senate ratified the treaty in 1934 and it became federal law.
The “Supremacy Clause” of the Constitution makes treaties legally binding federal law and enforceable by U.S. federal courts. But this law has been ignored and violated, with impunity, by every administration since it was ratified.
Numerous treaties and international agreements have been negotiated to reduce the inhumanity of war. These have included arms control agreements, bans on certain weapons and rules for the conduct of war. Wikipedia lists 56 such treaties and agreements between 1856 and 2017.
Many of these the U.S. has refused to sign. For example the U.S. does not accept the jurisdiction of the International Criminal Court, the ban on land mines or the Treaty on the Prohibition of Nuclear Weapons.
The Geneva Conventions are a collection of agreements regulating acts of war. Today 169 nations, including the United States, have agreed to abide by its rules. Beginning in 1864 and expanded in 1899, 1907 and 1949, these rules try to reduce the inhumanity of war, prevent unnecessary suffering, destruction of property and harm to noncombatants.
It prohibits deliberate targeting civilians and requires protection and humane treatment of the wounded and prisoners and holds individuals accountable for war crimes.
The Nuremberg War Crimes Tribunals (1945-46) established seven principles concerning crimes against peace, war crimes, and crimes against humanity.
Crimes against peace are defined as “Planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties...”
War crimes are “violations of the laws or customs” of war. Crimes against humanity are “...inhumane acts done against any civilian population, or persecutions on political, racial, or religious grounds...” during war.
Being a “...head of state or responsible government official...” or an individual just following orders, is not a defense for committing or participating in these crimes.
Article VII states, “Complicity in the commission of a crime against peace, a war crime, or a crime against humanity...is a crime under international law.”
All this is the basis for peace advocates denouncing U.S. military actions as illegal and war crimes. Historically many of our country’s numerous wars and military actions have been unnecessary, aggressive and had little, or nothing, to do with real national defense.
An honest look at our country’s actions in Vietnam, Iraq, Afghanistan and other places – the bombing of civilians, the torture, the massacres, the destruction of villages, use of agent orange or alleged reasons for these wars of choice – were clear violations of the above laws of war.
Today our actions against Venezuela are blatantly illegal. One example is Secretary of Defense Hegseth’s order to kill two men clinging to the wreckage of boat bombed by U.S forces.
A group of former Judge Advocate General (JAG) officers – the military lawyers who are experts on the rules of war – said this order to “kill everybody” was “clearly illegal under international law...orders to kill survivors of an attack at sea are ‘patently illegal,’ anyone who issues or follows such orders can and should be prosecuted for war crimes, murder, or both.”
They also say this is an example of “patently illegal orders” all military personnel have a duty to disobey (see “Statement of the “Former JAGs Working Group” on Media Reports of Pentagon “No Quarter” Orders in Caribbean Boat Strikes”).
The behavior of other country’s leaders is not an excuse for the U.S. violating international law. It does not matter if a foreign leader is corrupt, a dictator, running drugs, a socialist or manipulating elections. The U.S. has no unilateral right or authority to interfere with a sovereign nation’s internal affairs. We have no right to use force to achieve “regime change” or to arrest the leaders of other nations.
It is notable that we did have authorization and opportunity to arrest Netanyahu for war crimes in Gaza and did not.
Nor does the Monroe Doctrine, a self-proclaimed statement of foreign policy from 1823, have any validity. It is not international law.
The “Trump Corollary” to “restore American preeminence in the Western Hemisphere” is simply proof of his administration’s intention to illegally violate the sovereignty of other Latin American nations.
For many decades the American people have allowed presidents and their administrations to violate international and U.S. laws. In the past it was gunboat diplomacy to protect commercial interests. Today it is murdering innocent people for political posturing. Armed regime change in Venezuela and support for genocide in Gaza are only the latest examples.
The American people must demand adherence to due process and the rule of law.
Today the most lawless administration in our history must be held accountable. We must elect representatives willing to impeach and prosecute the current war criminals. We must end the bipartisan disregard for the laws of war.
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