War Crimes Proposal – 2003 Iraq Invasion

The proposal was passed at the Green Party of Ohio State Convention 1/31/04.
This will be forwarded for consideration at the 2004 GPUS National Convention.

A. Whereas, the current Defense Policy of the United States is to wage “preemptive war” against countries who are deemed a threat; and,

B. Whereas, this Defense Policy was put into action by the Presidential Administration of George W. Bush, with active involvement of Vice President Richard Cheney and Secretary of Defense Donald Rumsfeld, and others, during the March, 2003 invasion and subsequent occupation of Iraq; and,

C. Whereas, the United States is a signatory of the Charter of the United Nations, whose Chapter 7, Article 51, declares the only legal justification for engaging in military action without Security Council authorization is self-defense, or collective security actions, as authorized by the Security Council (Chapter 7 reproduced in its entirety, below); and,

D. Whereas, initiating a war of aggression was declared during the 1945-49 War Crimes Tribunal in Nuremburg to be a War Crime (see Article 6 of War Crimes Tribunal Charter, reproduced below); and,

E. Whereas, the Green Party of the United States considers the Defense Policy described in Point A (above) to be a policy that leads to the US engaging in wars of aggression, as demonstrated in the Bush Administration’s 2003 invasion of Iraq; and,

F. Whereas, the Bush Administration’s rationale for embarking on the 2003 invasion of Iraq was that Iraq posed a threat to the United States and Iraq was in violation of multiple Security Council disarmament resolutions (none of which specifically authorized a military invasion); and

G. Whereas, the rapid dissolution of large-scale Iraqi resistance to the United States invasion with very light casualties among US forces is extremely strong evidence that Iraq was incapable of threatening the security of the United States; and,

H. Whereas, the United States failed to find substantial physical evidence that Iraq was in violation of the Security Council disarmament resolutions, despite a significant effort from April, 2003 to September, 2003 by US Government Personnel inside Iraq, to find such proof; and,

I. Whereas, the Green Party of the United States National Conference of July, 2003, called for the impeachment of President George W. Bush for his actions regarding the March 2003 invasion of Iraq and the appropriate authorities, including the leadership of the Democratic Party, have failed to hold President Bush and others accountable for their actions in authorizing an illegal war of aggression, and,

J. Whereas, the Green Party of the United States’ 2000 Platform states “the support of democracy, human rights and respect for international law should be the cornerstone of American foreign policy,” meaning that that the security interests of the United States are best served through effective and just implementation of international legal standards (such as the International Criminal Tribunal for the former Yugoslavia, which has indicted and is trying Slobodan Milosevic, among others), and,

K. Whereas, the former leaders of Iraq (Saddam Hussein, among others) should also be investigated for their roles in the invasion of Kuwait in 1990 and possibly other crimes, and their fates resolved by an International Court.

Therefore, be it resolved by the Green Party of the United States, meeting in Convention in Milwaukee in June 2004, that:

1. The Green Party of the United States rejects any Defense Policy of the United States advocating preemptive war.

2. The Green Party of the United States considers preemptive wars initiated by the United States Government to be illegal wars of aggression and the leaders who authorize such military action should be investigated for possible trial as war criminals.

3. The Green Party of the United States considers the March 2003 invasion of Iraq to be an illegal war of aggression and we believe sufficient evidence exists to support a War Crimes trial for those who authorized this action.

4. The United Nations is called upon to establish a War Crimes Tribunal for Iraq & Kuwait (modeled after the The International Criminal Tribunal for the former Yugoslavia) and this Tribunal should initiate a War Crimes investigation of the leaders of the United States who authorized the March 2003 invasion of Iraq, specifically President George W. Bush, Vice President Richard Cheney and Secretary of Defense Donald Rumsfeld, such investigation to determine if War Crimes indictments should be prepared against those individuals, and calls for an investigation to determine who else could be charged. (Note: the results of the Nuremburg trials regarding the counts addressing “war of aggression,” reproduced below, may be instructive in identifying those individuals who should be tried.)

5. It is the policy of the Green Party of the United States to aggressively pursue US citizens who are guilty of war crimes and should the individuals responsible for the March 2003 invasion of Iraq not be investigated for War Crimes indictments prior to the time when Green Party members holds public office with the authority to pursue War Crimes indictments then it will be considered those members’ duty to pursue such indictments at that time (we note that there is no statute of limitations on War Crimes).

6. The War Crimes Tribunal for Iraq & Kuwait should also have jurisdiction over the investigation, indictment and trial of those leaders of Iraq involved in the decisions to invade Kuwait in 1990 and other possible war crimes committed by the government of Iraq (specifically Saddam Hussein, Tariq Aziz and others).

Appendix A,
UN Charter – Chapter VII

Appendix B,
Charter of the International Military Tribunal
(also known as the Nuremburg Tribunals)
August 8, 1945