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The "trial" of Saddam Hussein violates provisions of international law to which the United States is signatory

Excerpts from "Iraq and the Laws of War"


(24 April 2006) - ON 19 MARCH 2003 President Bush Jr. commenced his criminal war against Iraq by ordering a so-called decapitation strike against the President of Iraq in violation of a 48-hour ultimatum he had given publicly to the Iraqi President and his sons to leave the country. This duplicitous behavior violated the customary international laws of war set forth in the 1907 Hague Convention on the Opening of Hostilities to which the United States is still a contracting party, as evidenced by paragraphs 20, 21, 22, and 23 of U.S. Army Field Manual 27-10 (1956).

This brings the analysis to the so-called Constitution of Iraq that was allegedly drafted by the puppet Interim Government of Iraq under the impetus of the United States government. Article 43 of the 1907 Hague Regulations on land warfare flatly prohibits the change in a basic law such as a state's Constitution during the course of a belligerent occupation: "The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country." This exact same prohibition has been expressly incorporated in haec verba into paragraph 363 of U.S. Army Field Manual 27-10 (1956).

Source: http://www.countercurrents.org/iraq-boyle221205.htm

*Francis A. Boyle is Professor of Law at the University of Illinois

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