Very easily...illegal war + thousands civillians killed = war criminal.
Don't be naive. An
offensive war or invasion is pretty much illegal by definition, and in war civilians die.
Those criteria alone do not make Bush a war criminal, Hitlers's invasion of say Czechoslovakia didn't make him a
war criminal, that's not how it's defined, except perhaps on web fora where some people evidently know better.
Do you even know what a
war criminal is? The Geneva Conventions aren't exactly scintillating reading but do have a quick look, start with Sec 147 and also sections 44-59 of the 1st Protocol but it's all relevant.
Wrong - there is nothing ILLEGAL by acting unilaterally without the U.N.'s approval. Plenty of military actions have been taken in the past without the blessing of that unelected world body.
Actually, that's not necessarily true, certainly not in such simplistic terms. As a signatory to the UN charter the US is pretty much obligated to adhere to UN
binding resolutions issued by the security council (Non S.C. resolutions are non-binding), that's what the term means.
It doesn't take a cutting intellect to deduce that 1441 was taken by the US and UK as tacit approval for action against Iraq more so given their sidestep of the Chinese, French and Russion proviso. That decision offered them a convenient fallback - the UN authorised it!!
But, if you read article 51 of the UN charter it's hard to see how that's legal. Part of the problem with the UN is definining it's role as judicial or legislative or rather the separation of the two and there's no doubt UN Resolutions can be illegal in their own right. So following them does not absolve those who do so from the consequences. Just because you don't like it, doesn't make it less true.
That the US didn't get what it wanted from the UN is one issue, that it decided to act unilaterally in violation of a resolution issued by an organisation of which it's a member is another. While not really pertinent to this discussion that's hardly atypical of the US.
Also, I'm not an expert at interpreting the American constitution, but to me, having an unelected world body take decision over the elected representatives of its member countries makes little sense.
Neither am I but I try my best. The role of the UN is
not to override the wishes or domestic legislatitures of member nations but in the most basic terms is to:
- to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and
- to promote social progress and better standards of life in larger freedom,
It's clear you think otherwise but it's not so. Just read the charter. And, before you start denegrating me - I'm not making any statement about the UN's efficacy in
achieving it's aims, that's a whole other discussion.
Back on topic; in starting an (illegal)
offensive* overseas war with Iraq Bush almost certainly broke international law (for what that's worth) even with the authorisation of the UN, if he had it (which is doubtful) and even then if such authorisation was legal (again, doubtful) and is thus he is, almost certainly a criminal, technically.
* Yes,
I know the US really defending itself - from a nation neither capable nor motivated to attack it.
But that alone does not make him a
war criminal. He may be held accountable for his actions in several ways but solely for invading that will not by a war crimes court. His actions subsequent to the invasion, his treatment of prisoners and suspension of their rights on questionable grounds and his failure to adequately protect the Iraqi infrastructure and civilian population are other matters worthy of deeper consideration.
I certainly think he, and to a lesser degree Blair et all should be called to account for their actions but my first statement that I doubt this will happen still stands.
On that I agree with burns1de, it's highly unlikely in his lifetime Bush will face anything harsher than bad press, how history will judge him is, as yet unclear.
I'm not saying that's right, or fair, or justice just that in any practical sense it just
is.