Posts Tagged ‘Nuremberg Trials’

The Case for Prosecuting Blair as War Criminal for Iraq Invasion

April 8, 2017

War Crime or Just War? The Iraq War 2003-2005: The Case against Blair, by Nicholas Wood, edited by Anabella Pellens (London: South Hill Press 2005).

This is another book I’ve picked up in one of the secondhand bookshops in Cheltenham. It’s an angry and impassioned book, whose author is deeply outraged by Blair’s unprovoked and illegal invasion, the consequent carnage and looting and the massive human rights abuses committed by us and the Americans. William Blum in one of his books states that following the Iraq War there was an attempt by Greek, British and Canadian human rights lawyers to have Bush, Blair and other senior politicians and official brought to the international war crimes court in the Hague for prosecution for their crimes against humanity. This books presents a convincing case for such a prosecution, citing the relevant human rights and war crimes legislation, and presenting a history of Iraq and its despoliation by us, the British, from Henry Layard seizing the archaeological remains at Nineveh in 1845 to the Iraq War and the brutalisation of its citizens.

The blurb on the back cover reads:

After conversations with Rob Murthwaite, human rights law lecturer, the author presents a claim for investigation by The Prosecutor of the International Criminal Court, Maanweg 174, 2516 AB The Hague, The Netherlands, that there have been breaches of the ICC Statute by members of the UK Government and Military in the run up to and conduct of the war with Iraq. That there is also prima facie evidence that the Hague and Geneva conventions, the Nuremberg and the United Nations Charters have been breached, and that this evidence may allow members of the UK and US Governments, without state immunity or statute of limitations, to be extradited to account for themselves. The use of hoods, cable ties, torture, mercenaries, cluster bombs, depleted uranium, aggressive patrols and dogs, is examined. Questions are raised over the religious nature of the war, the seizure of the oil fields, Britain’s continuous use of the RAF to bomb Iraq in 1920s, 1930s, 1940s, 1990s archaeologists acting as spies, the destruction of Fallujah, the burning and looting of libraries, museums and historic monuments; and the contempt shown towards Iraqis living, dead and injured.

In his preface Wood states that the conversation he had with Rob Murthwaite out of which the book grew, was when they were composing a letter for the Stop the War Coalition, which they were going to send to the International Criminal Court at the Hague. Wood himself is an archaeologist, and states that he is particularly shocked at the imposition of American culture in Saudi Arabia. The book’s editor, Anabella Pellens, is Argentinian and so ‘knows what imprisonment and disappearance mean’.

In his introduction Wood argues that there were four reasons for the invasion of Iraq. The first was to introduce democracy to the country. Here he points out that to Americans, democracy also means free markets and privatisation for American commercial interests. The second was to seized its oil supplies and break OPEC’s power. The third was Israel. The United States and Israel for several years before the War had been considering various projects for a water pipeline from the Euphrates to Israel. The Israelis also favoured setting up a Kurdish state, which would be friendly to them. They were also concerned about Hussein supplying money to the Palestinians and the Scuds launched against Israel during the 1992 Gulf War. And then there are the plans of the extreme Zionists, which I’ve blogged about elsewhere, to expand Israel eastwards into Iraq itself. The fourth motive is the establishment of American military power. Here Wood argues that in the aftermath of 9/11 it was not enough simply to invade Afghanistan: another country had to be invaded and destroyed to demonstrate the effectiveness of the American military machine.

Chapter 1 is a brief history of Iraq and its oil, with a commentary on the tragedy of the country, discussing the Gulf War and the Iraq invasion in the context of British imperialism, with another section on British imperialism and Kuwait.

Chapter 2 is a summary of the laws and customs of war, which also includes the relevant clauses from the regulations it cites. This includes

Habeas Corpus in the Magna Carta of 1215

The establishment of the Geneva Convention and the Red Cross

The Hague Convention of 1907: Respecting the Laws and Customs of War on Land
This includes a summary of the main clauses, and states the contents of the regulations.

The United Nations Charter of 1945

The Charter of the Nuremberg Tribunal, 1945
This sections shows how the judgements are relevant to the British invasion and occupation of Iraq. It also gives a summary of the judgments passed at the Nuremberg trials, beginning with the indictment, and the individual verdicts against Goering, Hess, Ribbentrop, Keitel, Kaltenbrunner, Frick, Streicher, Rosenberg, Frank, Funk, Schacht, Doenitz, Raeder, Von Schirack, Sauckel, Jodl, Von Papen, Seyss-Inquart, Speer, Von Neurath, Fritzsche, and Borman.

The Geneva Conventions of 1949 and their Protocols, containing extracts from
Convention 1 – For the Amelioration of the Condition of the Wounded and Sick in the Armed Forces in the Field; Convention III – Relative to the Treatment of Prisoners of War; IV – Relative to the Protection of Civilian persons in Times of War.

There are also extracts from

The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, 1954;

Protocol 1 Additional to the Geneva Conventions of 1949 and Relating to the Protection of Victims of International Armed Conflicts, 1977.

Protocols to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious Or to Have Indiscriminate Effects, Geneva 1980.

The 1997 Ottawa Convention and the treaty banning mines.

A summary of the rules of engagement for the 1991 Gulf War, which was issued as a pocket card to be carried by US soldiers.

The 1993 Hague Convention.

The Rome Statute of the International Criminal Court, 2002.

The International Criminal Court Act of 2001 and the incorporation of the Rome Statute into British law. This gives both the aims of the act and a summary of the act itself.

Lastly there are a few paragraphs on the Pinochet case of 1998, and extradition as a method of bringing justice.

Chapter 3 is on allies in war as partners in war crimes committed.

Chapter 4 is on the deception and conspiracy by Bush and Blair, which resulted in their invasion. This begins by discussing the American plans in the 1970s for an invasion of the Middle East to seize their oil supplies during the oil crisis provoked by the Six Day War. In this chapter Wood reproduces some of the relevant correspondence cited in the debates in this period, including a letter by Clare short.

Chapter 5 describes how Clare Short’s own experience of the Prime Minister’s recklessness, where it was shown he hadn’t a clue what to do once the country was conquered, led her to resign from the cabinet. Wood states very clearly in his title to this chapter how it violates one of the fundamental lessons of the great Prussian militarist, Clausewitz, that you must always know what to do with a conquered nation or territory.

Chapter 6: A Ruthless Government describes the vicious persecution of the government’s critics and their removal from office. Among Blair’s victims were the weapons scientist Dr David Kelly, who killed himself after questioning by the Chairman of the Joint Intelligence Committee and MOD and an intense attempt by Blair and his cabinet to discredit him; the Director General of the BBC, Greg Dyke, Gavin Davies, the Beeb’s chairman, and the reporter, Andrew Gilligan. Others target for attack and vilification included Katherine Gun, a translator at GCHQ, the head of the nuclear, chemical and biological branch of the Defence Intelligence Staff, Dr Brian Jones, Elizabeth Wilmshurst, a Deputy Legal Advisor to Foreign Office, George Galloway, Paul Bigley, the brother of the kidnap victim Ken Bigley, and Clare Short. Bigley’s apartment in Belgium was ransacked by MI6 and the RFBI and his computer removed because he blamed Blair for his brother’s kidnap and beheading by an Iraqi military faction. There is a subsection in this chapter on the case of Craig Murray. Murray is the former British ambassador to Uzbekistan, who got the boot because he told the government that the president was an evil dictator, who had boiled someone alive. This was most definitely not something Blair wanted to hear.

Chapter 7 is a series of cases studies. Each case has its own section, which includes the relevant Human Rights and war crimes legislation.

7A is on the breakdown of the country’s civil administration and political persecution. The two are linked, as Blair and Bush had all members of the Baath party dismissed from their posts. However, membership of the party was a requirement for employment in public posts across a wide range of fields. Wood points out that you could not even be a junior university lecturer without being a member of the party. As a result, the country was immediately plunged into chaos as the people who ran it were removed from their positions without anyone to take over. In this chapter Wood also discusses the unemployment caused by the war, and the disastrous effect the invasion had on the position of women.

7B is on the destruction of services infrastructure.

7C is on damage to hospitals and attacks on medical facilities.

7D is on the destruction and looting of museums, libraries and archaeological sites. Remember the outrage when ISIS levelled Nineveh and destroyed priceless antiquities in Mosul? The US and Britain are hardly innocent of similar crimes against this most ancient of nation’s heritage. The Americans caused considerable damage to Babylon when they decided to make it their base. This included breaking up the city’s very bricks, stamped with the names of ancient kings, for use as sand for their barricades around it. Remind me who the barbarians are again, please?

7E – Seizing the Assets is on the American and British corporate looting of the country through the privatisation and seizure of state-owned industries, particularly oil. This is very much in contravention of international law.

7F – Stealing their plants. This was covered in Private Eye at the time, though I’m not sure if it was mentioned anywhere else. Iraq has some of the oldest varieties of food crops in the world, among other biological treasures. These are varieties of plants that haven’t change since humans first settled down to farm 7-8 thousand years ago. Monsanto and the other GM firms desperately wanted to get their mitts on them. So they patented them, thus making the traditional crops Iraqi farmers had grown since time immemorial theirs, for which the farmers had to pay.

7G describes how the Christian religious element in the war gave it the nature of a Crusade, and religious persecution. The aggressive patrols and tactics used to humiliate and break suspects involve the violation of their religious beliefs. For example, dogs are unclean animals to Muslims, and would never be allowed inside a house. So dogs are used to inspect suspect’s houses, even the bedrooms, by the aggressive patrols. Muslims have their religious items confiscated, in contravention of their rules of war. One man was also forced to eat pork and drink alcohol, which is was against his religion as a Muslim. The message by some of the army ministers and preachers that Islam is an evil religion means that Iraqis, as Muslims, are demonised and that instead of being viewed as people to be liberated they are cast as enemies.

There are several sections on the restraint of suspects. These include the use of cable ties, hoods, which have resulted in the death of at least two people, setting dogs on people, standing for hours and other tortures, which includes a list of the types of torture permitted by Donald Rumsfeld, aggressive patrolling, killing and wounding treacherously – which means, amongst other things, pretending to surrender and then shooting the victims after they have let their guard down, marking the bodies of victims in order to humiliate them, the deliberate targeting of the house owned by the Hamoodi family of Chemical Ali, the mass shooting from aircraft of a wedding party in the Iraqi desert by the Americans, but supported by the British; another incident in which people gathered in a street in Haifa around a burning US vehicle were shot and massacred; cluster bombs, including evidence that these were used at Hilla; the use of depleted uranium. Thanks to the use of this material to increase the penetrating power of shells, the incidence of leukaemia and other cancers and birth defects has rocketed in parts of Iraq. Children have been born without heads or limbs. One doctor has said that women are afraid to get pregnant because of the widespread incidence of such deformities; the use of mercenaries. Private military contractors have been used extensively by the occupying armies. Counterpunch has attacked their use along with other magazines, like Private Eye, because of their lawlessness. As they’re not actually part of the army, their casualties also don’t feature among the figures for allied casualties, thus making it seem that there are fewer of them than there actually is. They also have the advantage in that such mercenaries are not covered by the Geneva and other conventions. Revenge killings by British forces in the attacks on Fallujah. 7W discusses the way the Blair regime refused to provide figures for the real number of people killed by the war, and criticised the respected British medical journal, the Lancet, when it said it could have been as many as 100,000.

In the conclusion Wood discusses the occupation of Iraq and the political motivations for it and its connection to other historical abuses by the British and Americans, such as the genocide of the Indians in North America. He describes the horrific experiences of some Iraqi civilians, including a little girl, who saw her sisters and thirteen year old brother killed by British soldiers. He states that he hopes the book will stimulate debate, and provides a scenario in which Blair goes to Jordan on holiday, only to be arrested and extradited to be tried as a war criminal for a prosecution brought by the farmers of Hilla province. The book has a stop press, listing further developments up to 2005, and a timeline of the war from 2003-5.

The book appears to me, admittedly a layman, to build a very strong case for the prosecution of Tony Blair for his part in the invasion of Iraq. Wood shows that the war and the policies adopted by the occupying powers were illegal and unjust, and documents the horrific brutality and atrocities committed by British and US troops.

Unfortunately, as Bloom has discussed on his website and in his books, Bush, Blair and the other monsters were not prosecuted, as there was political pressure put on the ICC prosecutor and chief justice. Nevertheless, the breaches of international law were so clear, that in 2004 Donald Rumsfeld was forced to cancel a proposed holiday in Germany. German law provided that he could indeed be arrested for his part in these war crimes, and extradited to face trial. To which I can only salute the new Germany and its people for their commitment to democracy and peace!

While there’s little chance that Blair will face judgement for his crimes, the book is still useful, along with other books on the Iraq invasion like Greg Palast’s Armed Madhouse, and the works of William Bloom, in showing why this mass murderer should not be given any support whatsoever, and his attempt to return to politics, supposedly to lead a revival of the political centre ground, is grotesque and disgusting.

The book notes that millions of ordinary Brits opposed the war and marched against it. Between 100 and 150 MPs also voted against it. One of those who didn’t, was Iain Duncan Smith, who shouted ‘Saddam must go!’ Somehow, given Smith’s subsequent term in the DWP overseeing the deaths of tens or hundreds of thousands of benefit claims after their benefits were stopped, this didn’t surprise. He is clearly a militarist, despite his own manifest unfitness for any form of leadership, military or civil.

William Blum on the Abortive Prosecution of NATO Leaders for War Crimes in Yugoslavia

February 27, 2017

Many people would like to see Tony Blair indicted for war crimes for his part in the illegal invasion and carnage inflicted on Iraq and its people. This isn’t the first time there has been serious consideration of putting the former British premier in the dock for crimes against humanity. In one section of his book, Rogue State: A Guide to the World’s Only Superpower, William Blum describes the attempt by Canadian human rights activists, along with their fellows from the UK, Greece and the American Association of Jurists in March 1999 to have 68 leaders , including Bill Clinton, Madeleine Albright, William Cohen, the Canadian PM, Jean Chretien, and the NATO officials Javier Solana, Wesley Clark and Jamie Shea, brought before the International Criminal Court in the Hague for war crimes against the Serbs during the war in the former Yugoslavia. This collapsed, as the court’s prosecutor, Louise Arbour, was frankly biased towards NATO, and the efforts by her successor, Carla Del Ponte were successfully stymied by NATO leaders. Blum writes:

Yugoslavia – another war-crimes trial that will never be

Beginning about two weeks after the US-inspired and led NATO bombing of Yugoslavia began in March, 1999, international-law professionals from Canada, the United Kingdom, Greece, and the American Association of Jurists began to file complaints with the International Criminal Tribunal for the Former Yugoslavia in The Hague, Netherlands, charging leaders of NATO countries and officials of NATO itself with crimes similar to those for which the Tribunal had issued indictments shortly before against Serbian leaders. Amongst the charges filed by the law professionals were: “grave violations of international humanitarian law”, including “wilful killing, wilfully causing great suffering and serious injury to body and health, employment of poisonous weapons and other weapons to cause unnecessary suffering, wanton destruction of cities, towns and villages, unlawful attacks on civilian objects, devastation not necessitated by military objectives, attacks on undefended buildings and dwellings, destruction and wilful damage done to institutions dedicated to religion, charity and education, the arts and sciences.”

The Canadian suit named 68 leaders, including William Clinton, Madeleine Albright, William Cohen, Tony Blair, Canadian Prime Minister Jean Chretien, and NATO officials Javier Solana, Wesley Clark, and Jamie Shea. The complaint also alleged “open violation” of the United Nations Charter, the NATO treaty itself, the Geneva Conventions, and the Principles of International Law Recognized by the International Military Tribunal at Nuremberg.

The complaint was submitted along with a considerable amount of evidence to support the charges. The evidence makes the key point that it was NATO’s bombing campaign which had given rise to the bulk of the deaths in Yugoslavia, provoked most of the Serbian atrocities, created an environmental disaster, and left a dangerous legacy of unexploded depleted uranium and cluster bombs.

In June, some of the complainants met in The Hague with the court’s chief prosecutor, Louise Arbour of Canada. Although she cordially received their brief in person, along with three thick volumes of evidence documenting the alleged war crimes, nothing of substance came of the meeting, despite repeated follow-up submissions and letters by the plaintiffs. In November, Arbour’s successor, Carla Del Ponte of Switzerland, also met with some of the complainants and received extensive evidence.

The complainants’ brief in November pointed out that the prosecution of those named by them was “not only a requirement of law, it is a requirement of justice to the victims and of deterrence to powerful countries such as those in NATO who, in their military might and in their control over the media, are lacking in any other natural restraint such as might deter less powerful countries.” Charging the war’s victors, not only its losers, it was argued, would be a watershed in international criminal law.

In one of the letters to Arbour, Michael Mandel, a professor of law in Toronto and the initiator of the Canadian suit, stated:

Unfortunately, as you know, many doubts have already been raised about the impartiality of your Tribunal. In the early days of the conflict, after a formal and, in our view, justified complaint against NATO leaders had been laid before it by members of the Faculty of Law of Belgrade University, you appeared at a press conference with one of the accused, British Foreign Secretary Robin Cook, who made a great show of handing you a dossier of Serbian war crimes. In early May, you appeared at another press conference with US Secretary of State Madeleine Albright, by that time herself the subject of two formal complaints of war crimes over the targeting of civilians in Yugoslavia. Albright publicly announced at that time that the US was the major provider of funds for the Tribunal and that it had pledged even more money to it. 14

Arbour herself made little attempt to hide the pro-NATO bias she wore beneath her robe. She trusted NATO to be its own police, judge, jury, and prison guard. In a year in which General Pinochet was still under arrest, which was giving an inspiring lift to the cause of international law and justice, the International Criminal Tribunal for the Former Yugoslavia, under Arbour’s leadership, ruled that for the Great Powers it would be business as usual, particularly the Great Power that was most vulnerable to prosecution, and which, coincidentally, paid most of her salary. Here are her own words:

I am obviously not commenting on any allegations of violations of international humanitarian law supposedly perpetrated by nationals of NATO countries. I accept the assurances given by NATO leaders that they intend to conduct their operations in the Federal Republic of Yugoslavia in full compliance with international humanitarian law. I have reminded many of them, when the occasion presented itself, of their obligation to conduct fair and open-minded investigations of any possible deviance from that policy, and of the obligation of commanders to prevent and punish, if required. 15

NATO Press Briefing, May 16, 1999:

Question: Does NATO recognize Judge Arbour’s jurisdiction over their activities?

Jamie Shea: I think we have to distinguish between the theoretical and the practical. I believe that when Justice Arbour starts her investigation [of the Serbs], she will because we will allow her to. … NATO countries are those that have provided the finance to set up the Tribunal, we are amongst the majority financiers.

The Tribunal – created in 1993, with the US as the father, the Security Council as the mother, and Madeleine Albright as the midwife – also relies on the military assets of the NATO powers to track down and arrest the suspects it tries for war crimes.

There appeared to be no more happening with the complaint under Del Ponte than under Arbour, but in late December, in an interview with The Observer of London, Del Ponte was asked if she was prepared to press charges against NATO personnel. She replied: “If I am not willing to do that, I am not in the right place. I must give up my mission.”

The Tribunal then announced that it had completed a study of possible NATO crimes, which Del Ponte was examining, and that the study was an appropriate response to public concerns about NATO’s tactics. “It is very important for this tribunal to assert its authority over any and all authorities to the armed conflict within the former Yugoslavia.”

Was this a sign from heaven that the new millennium was going to be one of more equal justice? Could this really be?

No, it couldn’t. From official quarters, military and civilian, of the United States and Canada, came disbelief, shock, anger, denials … “appalling” … “unjustified”. Del Ponte got the message. Her office quickly issued a statement: “NATO is not under investigation by the Office of the Prosecutor of the International Criminal Tribunal for the former Yugoslavia. There is no formal inquiry into the actions of NATO during the conflict in Kosovo.” 16 And there wouldn’t be, it was unnecessary to add.

But the claim against NATO – heretofore largely ignored by the American media – was now out in the open. It was suddenly receiving a fair amount of publicity, and supporters of the bombing were put on the defensive. The most common argument made in NATO’s defense, and against war-crime charges, was that the death and devastation inflicted upon the civilian sector was “accidental”. This claim, however, must be questioned in light of certain reports. For example, the commander of NATO’s air war, Lt. Gen. Michael Short, declared at one point during the bombing:

If you wake up in the morning and you have no power to your house and no gas to your stove and the bridge you take to work is down and will be lying in the Danube for the next 20 years, I think you begin to ask, “Hey, Slobo [Serbian president Slobodan Milosevic], what’s this all about? How much more of this do we have to withstand?” 17

General Short, said the New York Times, “hopes that the distress of the Yugoslav public will undermine support for the authorities in Belgrade.” 18

At another point, NATO spokesman Jamie Shea declared: “If President Milosevic really wants all of his population to have water and electricity all he has to do is accept NATO’s five conditions and we will stop this campaign.” 19

After the April NATO bombing of a Belgrade office building – which housed political parties, TV and radio stations, 100 private companies, and more – the Washington Post reported:

Over the past few days, U.S. officials have been quoted as expressing the hope that members of Serbia’s economic elite will begin to turn against Milosevic once they understand how much they are likely to lose by continuing to resist NATO demands. 20

Before missiles were fired into this building, NATO planners spelled out the risks: “Casualty Estimate 50-100 Government/Party employees. Unintended Civ Casualty Est: 250 – Apts in expected blast radius.” 21 The planners were saying that about 250 civilians living in nearby apartment buildings might be killed in the bombing, in addition to the government and political party employees.

What do we have here? We have grown men telling each other: We’ll do A, and we think that B may well be the result. But even if B does in fact result, we’re saying beforehand – as we’ll insist afterward – that it was unintended.

This passage comes from a longer piece, ‘War Criminals – Ours and Theirs’, attacking American double standards in supporting politicians, governments and military commanders guilty of horrific crimes against humanity when it serves their interest. This can be read at:

https://williamblum.org/chapters/rogue-state/war-criminals-theirs-and-ours

I realise that this may be hugely controversial. Slobodan Milosevic and his government were responsible for terrible atrocities in the former Yugoslavia, including the organised genocide of Bosnian Muslims. Mike spent a week in Bosnia staying with a Muslim family, as part of an international project to document the terrible aftermath and consequences of the war. However, the Muslims and Croats were also guilty of committing atrocities themselves, though I was told by a former diplomat that in general, most of the massacres were committed by the Serbs.

Blum argues that the NATO intervention in Yugoslavia had little to do with the raging civil war and human rights abuses, except as a pretext. He argues in his books that Milosevic’s regime was really targeted because they resisted the mass privatisations that international capitalism was attempting to foist on them. I don’t know if this is quite the case. Private Eye reviewed Geoffrey Hurd’s book on diplomacy over a decade ago, and commented on how much Hurd left out or attempted to smooth over of his own grotty career. Like how he was the head of the commission by one of the British banks to privatise the Serbian telecommunications industry under Milosevic.

I’ve also read other books, which have made similar allegations. In one book I read on the 7/7 bombings, the author argued that the reports of some of the atrocities supposedly committed by the Serbs were fabricated in order to whip up public support for military intervention. The goal, however, wasn’t to safeguard the innocents being butchered, but to establish firm NATO military control of the oil pipelines running through the country. This control has not been relinquished since.

Again, I have no idea if this is true or not. Ordinarily, I’d suspect claims that reports of war crimes by despotic regimes have been falsified as another form of holocaust denial. You can find any amount of material arguing that the Serbs were innocent of these atrocities on the various ‘Counterjihad’ anti-Islam sites. The book’s author had a very Muslim name, and its central argument was that the 7/7 bombings were deliberately orchestrated by the secret state to create further public outrage against Muslims, and thus more support for the wars in the Middle East. This seems wrong. Incompetence is far more likely. But it’s well argued and footnoted, with the original documents its author obtained under FOIA reproduced. This is complete with blank pages or passages where they were redacted, just like the Watergate report in America.

Regardless of the ultimate responsibility for the atrocities during the war, it seems that there were very strong geo-political reasons for NATO’s entry into the conflict against the Serbs, which are not at all altruistic. And however controversial this episode and its treatment by Blum are, he has a point: if the NATO leaders were guilty of war crimes, then Clinton, Albright, Blair, Chretien et al should be in the dock. If international justice is to live up to its ideal, then it must also be equally binding on the victor. Unfortunately, you’re not going to see it under the present squalid international order.

History Today on the UN, the Holocaust, and Post-1945 Genocides

October 12, 2016

I found the definition of Genocide according to the UN’s Genocide Convention, and a list of genocides that have occurred since 1945 in an article by Ronnie Landau, ‘Never Again?’ in the March 1994 issue of History Today, pp. 6-8. Landau was the head of Humanities at the City Literary Institute, and the author of The Nazi Holocaust, published by I.B. Tauris in 1992. Her article traces the origins of the word and the concept of genocide, coined by the international jurist Raphael Lemkin in 1943, examining and criticising the repeated failure of the international community to stop genocides recurring and to bring the perpetrators to justice. The article is worth discussing here, as it deals with many of the issues involved in the latest anti-Semitism smears against Jackie Walker.

Landau notes in the article that Lemkin was concerned not just with the punishment of existing crimes against humanity, but also with prevent further atrocities. The UN responded three year later, in 1946, by setting up a committee to consider drafting a convention on such crimes. The committee’s provisional definition of genocide declared it to be ‘deliberate acts committed with the intent to destroy a national, racial, religious or political group on grounds of the national or racial origin, religious belief or political opinion of its members.’ This led to the final Convention, which left out the references to economic and political groups. (p. 6).

The UN Convention on genocides states that

Genocide means any of the following acts committed with intent to destroy in whole or in part, a national, ethnical racial or religious group, as such:

A) Killing members of the group;
B) Causing serious bodily or mental harm to members of the group;
C) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
D) Imposing measures intended to prevent births within the group;
E) Forcibly transferring children of the group to another group.

Landau goes on to describe how various nations attempted to eviscerate this convention. The Soviets did so by stating that genocide, like the Holocaust, was the result of decaying imperialism and implied that the convention would be inapplicable in the future. In the Soviet bloc, the Holocaust was considered part of the wider crimes by the Nazis against the peoples of eastern Europe. Furthermore, the UN caused massive popular outrage around the world by failing to invoke the Convention against Pol Pot and the vile Khmer Rouge in Cambodia. This has resulted in many believing that the UN has lost its right to be regarded as a serious preventative force against such mass murders.

The article goes on to list the post-1945 atrocities, which may be defined as genocide according to the UN Convention as follows:

The Bengalis, 1971;
the Hutu of Burundi, 1972;
Ache Indians of Paraguay, 1968-72;
Kampucheans, 1975-79;
East Timor Islanders, 1975-present;
The French against the Algerians, 1945-62;
Governing Sudanese against Black Christians in South Sudan, 1955-present;
Post-Sukarno regime against Indonesian Communists, 1965-70;
General Pinochet in Chile against political opposition 1965-67;
Nigerian army against Ibo people in Biafra, 1966-70;
Guatemalan army against Mayan Indians, 1980-present;
Ethiopian regime against Tigre and Eritreans, 1980-present;
Iraqi government against Kurds, 1988 and 1991;
Pakistan, later Bangladesh, against Chittagong Hill Tract tribes, late 1940s-present;
Brazilian and Paraguayan governments against Ache and other Amerindians, 1960s-present.
Communist China against Tibet, 1959-present;
Indonesia against West Papua, 1969-present.
Stalin’s regime against the Communist party and selected elements of the population, up to 1953;
Macias government of Equatorial Guinea, 1968-79;
Idi Amin against the Ugandans, and particularly the Ugandan Asians, 1972-85;
the Argentinian junta against the ‘Left’, 1978-79. (p. 7).

The article then discusses the issue of whether aging Nazis should be tried for their complicity in the Holocaust, especially as those responsible for other horrors, such as Pol Pot, Saddam Hussein et al have never been hunted down or punished. It also notes that the Nuremberg Trials were remarkable in that they were ever held at all. When Landau was writing, there had been no further international trials either of Nazis or other genocides. She also states that there is a clear difference between the treatment of homicide and genocide. Those responsible for individual murders know that this is a crime, and that the police and other authorities will attempt to arrest and punish them. This is in contrast to genocides, who, as people in authority, rarely feel remorse, or are found guilty and punished.

She also discusses the difficulties in treating each genocide as equally serious, and not privileging the extermination of one group over others. She states

How can the international community show even-handedness i9n their investigation of such monstrous crimes, and thus avoid the construction of a hierarchy of suffering which condemns some genocides and atrocities to virtual oblivion, while others remain at the forefront of our consciousness? While preserving the distinctiveness and unique character of each genocide, are we prepared to make ‘connections’ between different genocides- identify common features – which may enable us to establish early warning systems to prevent the continuing abuse, persecution and destruction of groups, and the possible obliteration of cultures? (p. 8).

She goes on to discuss some of the features common to genocides, which may allow for its effective prosecution and prevention.

She also raises the question of whether it is possible to formulate a new code, based on previous conventions and what has been learned from the Nazi Holocaust, to set up systems for the international monitoring of potential genocides, with, if necessary, the deployment of UN forces. She then goes on to criticise current international inactivity over the war crimes in Bosnia, and compares it to the dilatory stance the international community took to the Holocaust, which led to the deaths of 6 million Jews and 5 1/2 million other innocents before the Nazi regime was wiped from the Earth.

The Holocaust, Jackie Walker and the Anti-Semitism Allegations

This article is acutely relevant to the latest smear against Jackie Walker, the former vice-chair of Momentum. Walker was accused and dismissed from her post because she had behaved ‘insensitively’ at a Labour party training day on Holocaust Memorial Day, because she had raised the issue of why it should not include other Holocausts. The organisers have claimed that it does, but this is refuted by the fact that it does not cover genocides committed before 1945. The definition of anti-Semitism they used also considers as anti-Semitic criticism of Israel, because of which it is not generally accepted. Furthermore, her Jewish supporters in Momentum have pointed out that the Israeli authorities and academics consider the Holocaust to be an experience unique to Jews. This list shows that this is clearly not the case, and that Walker was quite right to question the unique focus on the Jewish Holocaust.

This sole focus of the Israelis on the Jewish Holocaust also raises the issue of whether Israel can be considered an enabler of genocide. Israel is certainly guilty of the mass murder of Palestinians, and has followed a policy of ethnic cleansing of its indigenous Arab population since its foundation. In that sense, it would be guilty of genocide. But as Landau notes, the formulation of the whole concept of genocide by Lemkin was intended to prevent it from recurring. In this, the Jewish experience of the Holocaust was seen not just as unique in itself, but also an example of the horrors perpetrated against multitudes of others. By stressing the uniqueness of the Shoah, the Israeli authorities are undercutting part of the historical framework for the prosecution of other, similar crimes.

Finally, the initial smear against Jackie Walker as an anti-Semite came from a very selectively argued complaint about a conversation she was having on Facebook several months previously with two others. There she discussed Jewish complicity – but crucially, not complete responsibility – in the slave trade. But her point was to do exactly what Landau also raised in her article – make the point that there should be no ‘hierarchy of suffering’ which privileges some groups over others.

Tony Greenstein, one of the others, who was suspended from the Labour party by the Blairites for unspecified thoughtcrimes, has written an excellent article in the Weekly Worker demanding that Walker should be reinstalled as Momentum’s vice-chair and criticising Lansman, Momentum’s leader, for caving in to the Zionists. Mike over at Vox Political has reblogged Mr Greenstein’s article, with his own comments. He notes that Mrs Walker has a case for prosecuting those involved in the smears for libel and invasion of privacy under the data protection act. And as I’ve mentioned in a previous piece, far from being anti-Semitic, Mrs Walker’s discussion of the involvement of some Jews in the slave trade is certain not unique. Other historians have also, including several mentioned by Mrs Walker herself in her statement clarifying her comments.

The Israel lobby, as I have said before, are smearing decent people as anti-Semites, simply because they dare to criticise Israel and its ethnic cleansing of the Palestinians. In doing so, and insisting on the Holocaust as an experience unique to Jews, they are obstructing its application as a template of what constitutes genocides to other cases, and are therefore weakening the ability of the international community to protect other groups. This is to be resisted, as is the smearing of individuals.

Lord Simon of Highbury: Why Was He in Government and Not Behind Bars?

April 25, 2016

Okay, I’m writing this because it’s left me furious ever since I read about it when putting up the article on Saturday. This was a piece on the ‘Fat Cats’ Directory’, the list of company directors and senior management, who had entered government under Tony Blair in George Monbiot’s book, Captive State. It was a long list of incompetents, who had run their companies into the ground; the self-interested – scientists on the boards of biotech companies, who got on the boards of the funding bodies to give themselves even more money; the environmentally negligent; and the simply exploitative. These last were various company directors, who had made masses of employees redundant, or cut wages, and had been put in charge of Bliar’s ‘welfare to work’ programme and the minimum wage board. But there was one person on the list, who struck me as particularly odious: Lord Simon of Highbury. Here’s what I wrote about him:

Lord Simon of Highbury

Chairman of BP
Vice-Chairman of European Round Table of Industrialists. Under his direction, BP assisted the Colombian government in forcing peasants off their lands, and imprisoning, killing and torturing trade unionists. Gave money to the 16th Brigade, notorious for murder, kidnapping torture and rape.

Minister for Trade and Competitiveness in Europe
One of the ministers responsible for implementing the ethical foreign policy.

By any standards, this resume makes the man a Fascist collaborator. So why is he in government, and not facing trial at the Hague for crimes against humanity? What does it say about our society, that a creature like this can breeze in and out of the halls of power in chauffeur-driven limousine, wining and dining with the highest in the land, when he has doubtless been responsible for some of the most horrific atrocities? Why has he escaped censure, let along prosecution, when others haven’t?

In the Nuremberg Trials of the Nazi leaders at the end of World War II, many senior executives of the various firms that served the Nazi state were also tried, and convicted for collaboration. The firms they managed, like the horrific IG Farben, which produced the cyanide gas used against Jews in the death camps, were deliberately broken up into their constituent companies.

Unfortunately, too many Nazis escaped justice, and Nazi hunters like Simon Wiesenthal spent their lives trying to hunt them down and bring them to justice. And it was apparently the same rage that spurred the Baader-Meinhof gang to commit some of their terrorist attacks. They were also outraged that members of the Third Reich had escaped justice, and were living very well in the Bundesrepublik. And so they began their campaign of murder and terrorism. I’m not trying to whitewash or glamorise them here. They were responsible for some of the most horrific terrorism offences of the 1970s. For example, they firebombed a Berlin synagogue, supposedly as part of a campaign against Israel, which they perceived as a colonialist state. They were violent criminals, but when it comes to killing the men, who ran the death camps and torture squads of the Third Reich, you can understand their rage.

It’s the same rage that motivates people to protest and physically fight the clowns in the various far-right Nazi parties – the BNP, National Action, EDL, National Front, North West Infidels and so on. Many of the members of these groups are violent thugs, guilty of the most horrific attacks on innocent people, including murder, simply because of their race or political opinions, and have rightly been jailed. But these are very small fry compared with monsters like Lord Simon. He has aided and abetted an organisation that has violently removed people from their land, and murdered and tortured trade unionists and left-wing activists. By the same standards we applied to the Nazis, and to Radovan Milosevic and the rest of the genocides in Serbia, he should be standing in a dock in a court room at the Hague, waiting for sentencing.

But he isn’t. Instead, I’ve no doubt he still pursuing a very lucrative career as the director of an extremely profitable multinational. Or else he’s taken up a very pleasant retirement. Either way, I doubt his troubled by either the consequences of his actions, or lawsuits from his victims. I don’t doubt that wherever he lives, it’s nice and quiet, very haute bourgeois, and exclusive. He’s probably thought a good neighbour by the others around him.

I am certainly not urging anyone to turn to terrorism and try to copy the Baader-Meinhof Gang or the violence of some of the Antifa street fighters. All I am trying to do is express my outrage that this man was given a place in government, and try to work out why someone with a record as odious as his was being given a gracious welcome at the highest seats of power. My guess is that it’s because he was a wealth businessman. He wasn’t directly responsible for the atrocities committed by the Colombian government, and his company is ridiculously wealthy beyond the dreams of avarice. As for the murders and death squads of the various South American Fascist regimes, they’re protected by pretty much the same apathy expressed by Neville Chamberlain in his infamous comments about Czechoslovakia. They’re ‘far-away’ countries ‘of which we know nothing.’ And the only people, who get worked up about what goes on there are the ultra-left types Private Eye’s been satirising for years in the guise of Dave Spart.