This is what I understand, presently, about all this mess:
The right of a later President to pardon any crimes committed by a previous President would be limited only to the laws of the US; such as any reason
for impeachment and that sort of thing.
And even though I personally feel betrayed (treason) by the dishonesty and fear-mongering that we have been dealt in the recent years...the
constitution actually only defines one crime in detail and that is treason. According to that definition there doesn't seem to be any true grounds
for charging Bush with that particular crime.
Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort.
No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
See
Article III for the full explanation of both treason and just
cause for impeachment for other crimes.
Now...when Bush asked Congress to allow him to declare war on Iraq, it was done totally on the basis of Hussein having WMD's with supposedly also
having intentions of using these in warfare against other countries. And so Congress approved it and war was declared.
The problem with the WMD justification is, first of all, the fact that there has been no internationally official definition made in regard to what
exactly is a
'weapon of mass destruction.'
From
Wiki:
The most widely used definition is that of nuclear, biological or chemical weapons (NBC) although there is no treaty or customary international
law that contains an authoritative definition. Instead, international law has been used with respect to the specific categories of weapons within WMD,
and not to WMD as a whole.
And while nerve and mustard gas might certainly be classified as such - they also might not be considered WMD by almost the same possibility. And it
has to do, also, with the way they are used and in what sort of situation:
An additional condition often implicitly applied to WMD is that the use of the weapons must be strategic. In other words, they would be designed
to "have consequences far outweighing the size and effectiveness of the weapons themselves" [22]. The strategic nature of WMD also defines their
function in the military doctrine of total war as targeting the means a country would use to support and supply its war effort, specifically its
population, industry, and natural resources.
I'm not sure if it has been conclusively proven that Hussein did use those agents on his own people; especially on the Kurds in Northern Iraq. I
have found a lot of information which seems to imply that he did and I have to admit that I didn't follow the details of his trial other than knowing
the basic crime being the destruction of a certain village which went against his authority...but it wasn't the Kurds so I'm thinking not even Iraq
brought the charge against him for using possibly-defined WMD's against his own people.
And so even though that is heinous and inexcusable I do not know of any legal reason to justify what could only be seen as an intention of the US to
police the government of another country for things which took place only within that other country's borders.
Another
Wiki link; this one about Chemical Weapons, specifically. It says, toward
the bottom, that there was a specific treaty written for the purpose of eliminating those types of weapons, but it says:
Iraq has not signed the treaty. Iraq's chemical weapons were destroyed under a United Nations reduction program after the 1991 Gulf War.
Approximately five hundred degraded chemical munitions have been found in Iraq since the 2003 invasion of Iraq, according to a report of the US
National Ground Intelligence Center. These weapons contained sarin and mustard agents but were so badly corroded that they could not have been used as
originally intended.
So there was no international justification for the original reason for declaring war, either, since Iraq wasn't even a party to the treaty. And
even so, it still would not be any other country's duty to act as enforcer in such a way. Treaties are instruments in which the ability to control
or regulate something is based mainly upon the voluntary agreement of all who agree to the terms of the treaty to comply with the instructions and
guidelines laid out by the treaty, itself. That isn't always the case; after the World Wars, not all countries were exactly willing participants
and most likely forced to sign through threat of deadly force...but that is the exception, not the rule.
The final ruling from Congress, on the subject of WMD's in Iraq, was published on March 31, 2005.
FULL report
is 3.3 mb in PDF format!
Here is a excerpt from the 'overview' page:
On the brink of war, and in front of the whole world, the United States government asserted that Saddam Hussein had reconstituted his nuclear
weapons program, had biological weapons and mobile biological weapon production facilities, and had stockpiled and was producing chemical weapons. All
of this was based on the assessments of the U.S. Intelligence Community. And not one bit of it could be confirmed when the war was over.
Here is a link to a 2002 article in which Bush gives a detailed
justification speech for the need to see Hussein as a threat to National Security. I find this particular statement very interesting:
And we know that after September the 11th, Saddam Hussein's regime gleefully celebrated the terrorist attacks on America.
Well, as much as that might have hurt...it isn't anything that justifies war!
SO...to sum up: since our own Congress has officially invalidated the original reason that Bush declared war on Iraq, that means that regardless of
OPINIONS
(and all the patriotic fervor we can all muster), what it seems we are left with is a 'war of aggression' which the US waged upon
another country, thereby disrupted peace on a major scale which has affected more than just the two countries technically involved.
And a 'war of aggression' is defined as a war crime according to the Nuremberg Principles; which, ironically enough, arose out of the trials of the
surviving Nazis after WWII! Those
principles were defined in 1950 and Principle VI is a pretty clear yet
simple definition of 'war crime.' And that which is stated in Principles III and IV is what Bush would need to find immunity from in the case of
being brought up on these charges.
And so there is NOTHING he can say or do or make a law while in office can grant him impunity for what has
already been done.
My only question is WHO has the authority to bring up such charges in a situation of international law? That is the only thing I haven't looked
into, really, but I am thinking that surely any other head of state whose country has membership in the UN could request a hearing...and perhaps it
might only need to be a citizen of a UN nation or perhaps a citizen of Iraq, itself.
I would not be surprised, at all, if President Ahmadinejad of Iran pursues such a course. GW Sr's administration DID face charges of war crimes
following the Gulf War -
report here...and the verdict
here -
GUILTY of 19 crimes! An international 'slap on the wrist!' Yet because of THAT, it makes this last war in Iraq seem even more condemnable in that
same court. But then again...what would they do?
[continued]