Thursday, January 23, 2003

"The Constitution, and the Laws of the United States which shall be made in Pusuance thereof, and all Treaties made, or shall made, under the Authority of the United States, shall be the supreme Law of the Land." - Article VI, the United States Constitution.

This clause of the Constitution has a number of implications for the Bush administration in its current pursuit of war against Iraq.

Firstly, the United States is signatory to the UN Charter. Therefore, this treaty is a part of the "supreme Law of the Land". Any violation of the UN charter then, constitutes a violation of the supreme law of the land. the clauses in question here are:

Chapter 1, Article 2, Para 3: All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice are not endangered.

Chapter 1, Article 2, Para 4: All Members shall refrain in their international relations from the threat or use of force against the territroial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.

Chapter VI, Article 33: The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.

Under the Principles of the Nuremberg Tribunal, adopted by the International Law Commission of the United Nations in 1950, Principle VI states:

The crimes hereinafter are set out are punishable as crimes under international law.

a. Crimes against peace:
i. Planning, preparation, initiationor waging of a war of
aggression or a war in violatio of international
treaties, agreements or assurances.
ii. Participation in a common plan or conspiracy for
the accomplishment of any of the acts mentioned in
(i).

The Bush administrations preparations for war against Iraq represent violations of all of these provisions of a treaty to which the US is a signatory, and are thus violations of the "supreme Law of the Land".

Which brings us to Article II, Sec. 4 of the US Constitution: "The President, Vice-President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."

Notice, it says "shall be removed", not "might be" or "maybe". It is the duty, then, of the US Senate to begin proceedings leading to the impeachment of George W. Bush.

No comments: