“In the opinion of the Tribunal, the solemn renunciation of war as an instrument of national policy necessarily involves the proposition that such war is illegal in international law; and that those who plan and wage such a war with its inevitable and terrible consequences are committing a crime in so doing…
The charges in the indictment that the defendants planned and waged aggressive wars are charges of the utmost gravity. War is essentially an evil thing. Its consequences are not confined to the belligerent states alone, but affect the whole world. To initiate a war of aggression therefore, is not only an international crime, it is the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole.”
Nuremburg War Crimes Tribunal 1946
Why must war crimes be reported to the police?
In a society based on the rule of law, if a person discovers or witnesses a crime taking place they have a duty to report it and any offenders to the police. If you see a house being burgled, a child being assaulted or you overhear a group of people planning a crime, it is your duty to report what you have seen and heard to the police. This applies to all crimes including war crimes and to all offenders whatever their role or position in society. We all have a duty to our fellow human beings to ensure that society’s rules, regulations and laws are obeyed and enforced, and we all have a moral duty to ensure that such heinous crimes as the waging of war and the murders of innocent men, women and children are prevented.
What actions constitute war crimes?
War crimes are all the crimes associated with a war. They include such offences as ‘a crime against peace’ [waging a war of aggression(1)], genocide [pursuing a policy of deliberately killing members of a national, ethnic, racial or religious group], crimes against humanity [acts such as murder, torture, and persecution committed as part of a widespread or systematic attack directed against any civilian population], complicity in or accessory to such crimes, conspiracy to commit such crimes and the commission of any of the thirty three war crimes specified in the legislation. Crimes such as:
Wilful killing; torture or inhuman treatment; Wilfully causing great suffering, or serious injury to body or health; Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly; Intentionally directing attacks against the civilian population or against individual civilians not taking direct part in hostilities; Intentionally directing attacks against civilian objects, that is, objects which are not military objectives; Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives.
Extracts from Article 8, The Rome Statute of the International Criminal Court
(1) These are summaries of the definitions of the crimes. For the full definition of each crime refer to the legislation - The International Criminal Court Act 2001 [Elements of Crimes] Regulations 2004.
When is war lawful?
Never! All wars are illegal and the only time that it is lawful for a state to use armed force is in self defence after it has been attacked. When Britain signed and ratified the International Treaty for the Renunciation of War in 1928 [the Kellogg-Briand Pact] we promised the world that we would never wage a war of aggression and that we would settle all our disputes peacefully. As the wars with Iraq and Afghanistan were initiated by America, Britain and Coalition governments they violate the Kellogg-Briand Pact, the UN Charter, the Nuremburg Principles, the Genocide Convention, the Geneva Conventions and the Rome Statute of the International Criminal Court. Not only are both these wars illegal but each of them constitutes ‘the supreme international crime’ the same crime for which Germany’s leaders were convicted and hanged at Nuremburg in 1946.
But didn’t Tony Blair and the Attorney General claim that the war was legal?
Yes they did, but this was a lie and the worst deception ever played upon Parliament and the public by a British Prime Minister. Tony Blair decided to join George Bush’s illegal war with Iraq and he deceived the Government, Parliament, the armed forces and the public to gain support for the war. Not only did the Prime Minister, the Attorney General and members of the Cabinet lie to us about the weapons of mass destruction, the 45 minute threat and UN Security Council resolutions 678, 687 and 1441, but they lied about the legality of war. Killing and injuring innocent men, women and children is never lawful and is always a crime. We cannot trust anything the British Government says about the legality of its use of armed force.
Why didn’t our political leaders stop Tony Blair before the killing started?
Very few if any parliamentarians have any moral values whatsoever. All those members of the House of Lords and the House of Commons who voted in favour of the war or who abstained from voting made the personal judgement that killing a few thousand innocent men, women and children was preferable to losing their job or their income [Robin Cook’s resignation was one exception]. Every member of Parliament knows perfectly well that killing another person, especially a child, is wrong and is a crime. Each of them knew that setting out to kill Iraqis solely because they were Iraqi nationals is a crime of genocide; and that attacking villages, towns and cities in Iraq with weapons of mass destruction such as cruise missiles, rockets, cluster bombs and depleted uranium shells was a crime against humanity; yet each of them willingly chose to support these massacres and commit these crimes. Not one of the perpetrators of these crimes deserves to remain in power or escape a war crimes trial.
How can we prevent leaders from waging unlawful wars?
The most effective way of preventing political, civil and military leaders from waging unlawful war is to arrest and prosecute them at the first sign of any unlawful activity associated with war. This is why we have law enforcement authorities. Our police, crown prosecutors and judiciary are paid from the public purse to prevent crime by arresting, prosecuting, convicting and punishing wrongdoers. If even one British Minister of State is tried, convicted and punished for their war crimes, it will provide a truly effective deterrent for any future leader who is considering breaking the laws of war.
Why didn’t law enforcement authorities stop the crimes before they started?
Most if not all of our senior police officers, prosecutors and judges made the deliberate decision to ignore the violations of the laws of war and continue to support the government, the war and the killings. Despite being informed of the illegal nature of the war with Iraq and being asked to intervene to prevent the murder of Iraqis they refused to take action to prevent the crimes. Despite knowing that thousands of innocent women and children would be, were and still are being maimed and murdered, Chief Constables, the DPP, senior prosecutors, judges and law lords refused and are even now refusing to take action to uphold or enforce the law and prevent the killings. None of these people deserve to keep their jobs or to be paid as law enforcement officers; rather they should each be forced to answer for their crimes of omission before an international war crimes tribunal.
Is everyone subject to the laws of war?
27.(1) This Statute shall apply equally to all persons without any distinction based on official capacity. In particular, official capacity as a Head of State, a member of a Government or parliament, an elected representative or a government official shall in no case exempt a person from criminal responsibility under this Statute, nor shall it, in and of itself constitute a ground for reduction of sentence.
The Rome Statute of the International Criminal Court 1998
Yes. In Britain no-one, including the Prime Minister, the Queen and Members of Parliament is above the law. In 2001 Parliament ratified the Rome Statute and enacted the International Criminal Court Act, which not only made genocide, crimes against humanity, war crimes and conduct ancillary to such crimes universal criminal offences, but for the first time in 1600 years placed every British citizen or resident under the jurisdiction of an external law enforcement authority, the International Criminal Court in The Hague. This means that if the UK’s law enforcement authorities fail to carry out their duty to enforce the laws of war the Prosecutor of the International Criminal Court can take over the responsibility on behalf of the international community and prosecute any resident of Britain for taking part in genocide, crimes against humanity or war crimes. If the world is to prevent wars such as those against Iraq, Afghanistan and Palestine from taking place then we must uphold and enforce the laws of war and prosecute those responsible for the killings of thousands of innocent men, women and children. Only when criminal leaders such as Bush, Cheney, Blair and Brown are tried, convicted and punished for their war crimes will the world be in a position to return to the path of peace, justice and prosperity for all.
Can we report members of the government to the police?
Yes of course, there are no exceptions to the rule of law. Everyone from the Queen to a commoner must abide by the law and this includes the laws of war. The necessity of reporting crimes to the police applies equally to war crimes, genocide, crimes against humanity and complicity in such crimes as it applies to crimes of theft, assault, fraud or murder. So if you see a television documentary in which a war crime takes place, or you overhear soldiers discussing how they killed women and children in Iraq, or you discover that your MP supports the Government’s unlawful policy of using armed force to attack targets in Iraq and Afghanistan killing and injuring innocent men, women and children, you have a duty to report these crimes and the offenders to the police.
What is a police officer’s duty in relation to war crimes?
The police have a duty in law not only to investigate reported war crimes but, where they are provided with clear evidence of a person’s involvement in the crime, they have a duty to arrest such persons and together with the Crown Prosecution Service to charge them as a principal offender or an accessory to the crime. It will then be down to a court and a jury to decide on the basis of the evidence whether or not the individual has violated the laws of war and is guilty of a war crime.
Who is responsible in law for these war crimes?
In the case of serious state-sponsored crimes such as the genocide, war crimes and crimes against humanity committed against the people of Afghanistan and Iraq, the principal offenders not only include the armed forces personnel who committed the crimes, the political, civil and military leaders such as the Prime Minister, Cabinet Ministers, MPs, civil servants and armed forces’ commanders who ordered the crimes to take place, but the civil servants, government officers, advisors and officials who planned, took part in or assisted in the commission of the crimes.
It is an offence against the law of England and Wales for a person to commit genocide, a crime against humanity or a war crime, or to engage in conduct ancillary to such an act. This applies to acts committed in England or Wales or outside the UK by a UK national, resident or person subject to UK service jurisdiction.
Who else is responsible for these war crimes?
Whosoever shall aid, abet, counsel, or procure the commission of any indictable offence, whether the same be an offence at common law or by virtue of any Act passed or to be passed, shall be liable to be tried, indicted and punished as a principal offender.
Accessories and Abettors Act 1861
Under the laws of war state sponsored crimes involve every member of the state who willingly takes part in the crime. This means that not only are Britain’s leaders responsible for war crimes against Iraq and Afghanistan but every British citizen or resident who aided, abetted or assisted the commission of any of these crimes is an accessory to the crime and has committed a criminal offence. This includes such persons as the directors and employees of the arms manufacturing companies who supplied the weapons to the armed forces; it includes the editors, journalists and broadcasters [especially employees of the BBC] who report and promote the propaganda supplied by the government; it includes the police, crown prosecutors and judges who fail to enforce the law and arrest, prosecute and try offenders; and it includes the individual and corporate taxpayers who paid tax or continue to provide the money to pay for the war, the killings and the crimes.
Is anyone exempt from prosecution?
No. But the Rome Statute of the International Criminal Court does provide an opening for those individuals who abandon their involvement, take a stand against the crimes and take active steps to prevent them from recurring.
25.3(f) … However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.
The Rome Statute of the International Criminal Court
How can leaders avoid punishment for these war crimes?
If they haven’t played a major part in the wars, Parliamentarians, civil servants and armed forces personnel may be able to avoid prosecution if they resign from their jobs in Government or the armed forces and give up their seats in Parliament. [Following the example of Elisabeth Wilmshurst who gave up her job as a government lawyer knowing that the war would be illegal and not wanting to participate in a crime]. Then they must take steps [such as reporting war crimes to police or withholding tax] to prove that they have completely and voluntarily given up the criminal purpose and are actively attempting to prevent further crimes.
How can ordinary citizens avoid punishment for these war crimes?
“If a person who is bound to obey a duly constituted superior receives from the superior an order to do some act or make some omission which is manifestly illegal, he is under a legal duty to refuse to carry out the order and if he does carry it out he will be criminally responsible for what he does in doing so.”
Manual of Military Law. Part III Ch VI Art 24
Every citizen has a legal duty to disobey manifestly illegal government orders. This includes armed forces’ personnel disobeying orders to fight in Iraq and Afghanistan as well as taxpayers refusing Government orders to handover taxes, duties, fines or money which it will use, in whole or in part, to facilitate the commission of war crimes. As every resident of Britain who has paid tax to the UK Government since March 2003 has technically committed a crime of aiding and abetting war crimes, those citizens wishing to avoid prosecution under the Rome Statute or the International Criminal Court Act for the crimes committed by their leaders against the Iraqi and Afghan people must take the following two actions:
(1) Withhold all taxes from the Government. Inform your bank or building society and your employer or pension provider that you are refusing to take part in the crimes against the Iraqi and Afghan people and ask them to withhold all tax payments from the Government until it stops the killing, ends the illegal use of armed force and recalls the troops to the UK. Providing you keep a record of your requests you will not be prosecuted for conduct ancillary to genocide, crimes against humanity and war crimes under the Rome Statute or the International Criminal Court Act.
(2) Report war crimes to police. Providing you have been a passive observer of the wars with Iraq and Afghanistan and have not taken an active part in the crimes you will not be prosecuted as an accessory. But to prove that you are taking active steps to prevent the crimes you should report these war crimes to the police by phone through Crimestoppers or in person at a local police station.
Is a police station the right place to report these crimes?
Yes. Although the desk officers in the police station will not be familiar with war law they have a legal duty to take down an account of the crimes you are reporting, to allocate a crime report number to the case, to ensure it is investigated and to keep you informed of its progress. The police are paid to prevent crime and arrest and prosecute wrongdoers, even if those wrongdoers are senior members of the British Government or their own chief constable; so make sure that they do what they are paid to do. Alternatively you can report war crimes to Crimestoppers or write to your local Chief Constable. As he or she is paid by you the taxpayer to prevent these crimes you have a right to ask for an explanation if they fail to investigate the crimes, make arrests or charge offenders.
Will I get into trouble for wasting police time?
No, not if you have evidence of a crime. On the contrary the police will get into trouble if they fail to take account of your crime report.
What do I do if the police refuse to take the crime report?
If a police officer refuses to take down a crime report then make sure you take the offending officer’s name, rank and number and report the incident to the Independent Police Complaints Commission and your local media. Don’t forget that you are in the right and it is your duty as a law abiding citizen to report crime. If a police officer deliberately fails to follow up on a crime as serious as mass murder or genocide they are not only failing in their duty as an officer but they are assisting the crimes. Aiding, abetting or assisting a person to commit a crime is an offence under the Accessories and Abettors Act 1861 and renders the police officer concerned and their senior officers liable to be tried, indicted and punished as principal offenders.
To prevent war we must hold war criminals to account for their crimes in court.
Law enforcement authorities’ duties are to prevent further war crimes from taking place by ensuring that anyone who plans or takes part in an unlawful war or armed attack on another group or nation is arrested, charged and convicted as a war criminal. If we are to maintain our humanity and a sense of justice we must all do all we can to ensure that war and the deaths and injuries caused by war never recur. So please do all you can to ensure that the British leaders responsible for the wars with Iraq and Afghanistan and the killing of 300,000 children are arrested and held to account in court for their crimes.
