before the end of 1946, the United Nations General Assembly unanimously adopted Resolution 95 (1), affirming “the principles of International Law recognized by the Charter of the Nuremberg Tribunal and the judgment of the Tribunal.” And, of course, the United Nations Charter forbids armed aggression and violations of the sovereignty of any state by any other state, except in immediate self defense (Article 2, Sec. 4 and Articles 39 and 51).
Invoking the precedent set by the United States and its allies at the Nuremberg trial in 1946, there can be no doubt that the U.S.-led invasion of Iraq in 2003 was a war of aggression. There was no imminent threat to U.S. security nor to the security of the world. The invasion violated the U.N. Charter as well as U.N. Security Council Resolution #1441.
The Nuremberg precedent calls for no less than the arrest and prosecution of those individuals responsible for the invasion of Iraq, beginning with President George W. Bush, Vice President Dick Cheney, Secretary of Defense Donald Rumsfeld, Secretary of State Condoleeza Rice, former Secretary of State Colin Powell and former Deputy Secretary of Defense Paul Wolfowitz.
Those who still justify the invasion of Iraq would do well to remember the words of Justice Jackson: “Our position is that whatever grievances a nation may have, however objectionable it finds the status quo, aggressive warfare is an illegal means for settling these grievances or for altering these conditions.”
And, for those who have difficulty visualizing American leaders as defendants in such a trial, Justice Jackson’s words again: “...(L)et me make clear that while this law is first applied against German aggressors, the law includes, and if it is to serve a useful purpose it must condemn, aggression by any other nations, including those which sit here now in judgment...This trial represents mankind’s desperate effort to apply the discipline of the law to statesmen who have used their powers of state to attack the foundations of the world’s peace and to commit aggression against the rights of their neighbors.”