Letter to Jenny Tonge MP

War, International Law, and the UN

International Law Against War

The Nuremberg Principles

 

18 June 2004

 

JENNY TONGE MP

House of Commons

London

SW1A 0AA

   

                                Action for UN Renewal  -  Erskine Childers Lecture

Dear Jenny Tonge,

 

Thank you for the most stimulating talk you gave last night for Action for UN Renewal. I found it very thought provoking and the talk and your answers to questions were full of interesting insights. And, as I remarked in a previous letter to you, I am very appreciative of the stand you have taken with regard to the Palestinians.   

 

I am sure you were right when you said that many MPs were deeply concerned about protecting their political careers and were putting this above criticising Tony Blair. When I was young I used to wonder why the German people tolerated Hitler. I became aware that one of the most important factors was fear for oneself and one’s family. British politicians do not have this problem.

 

As I said last night, surely we have a right to expect absolute commitment from politicians to uphold international law and the Charter of the United Nations. I find it shocking that Members of Parliament, who would not condone a single murder by one of their colleagues, will, nevertheless, condone the murder of many thousands. They may continue for some time to ignore this crime, but in doing so they have lost credibility and respect for themselves and their profession. I think the whole world sees the bombing of Iraq as an outrage. I find the silence of Members of Parliament on this issue shameful and deeply disturbing.

 

If Britain is going to speak to the world about upholding international law and the United Nations doing a better job then surely British politicians had better make a start on this matter soon by doing their own share of upholding international law and working in accordance with United Nations principles.

 

I am sorry that this must sound very bitter, and would like to close by saying how much I appreciate the outstanding work you do and wish you a long and happy retirement when the time comes.

 

 Best wishes

 

David Roberts

 

I enclose a summary of the main ideas of the United Nations Charter and some key, and unambiguous, points of international law which may be of interest to your hard pressed colleagues.

 

War, International Law, and the UN

Aims and principles of the United Nations  -  For details see The Charter of the United Nations

·         The prime aim of the United Nations is the ending of all war.

·         All members have promised never to attack another state, and to act in conformity with justice and international law.

·         All members agree to settle international disputes by peaceful means.

·         No country may threaten the use of force, or use force against another country except in self-defence.

·         Members are expected to develop friendly relations with other nations based on equal rights and self-determination.

·         Members are committed to work in co-operation with other states in solving international problems of an economic, social, cultural, and humanitarian character and to work to promote the economic and social advancement for all people.

·         Members are committed to practising tolerance and respecting human rights and fundamental freedoms without distinction as to race, sex, language, or religion.

·         Members are committed to providing military forces, if requested by the UN Security Council, to deal with any country committing an act of aggression against another country.

·         The United Nations is committed to working to reduce armaments and using the human and physical resources thereby saved for the betterment of mankind.

 

International Law Against War

 

Principles of International Law Recognized in the Charter of the Nuremberg Tribunal and in the Judgement of the Tribunal 1945/6  -  Confirmed unanimously by the General Assembly of the United Nations in Resolution 95, 11 December 1946

 

Key statements from the Judgement of the Nuremberg International War Crimes Tribunal

 

“. . .  The second aim of the trial was to establish the rules of international law for the future, so that not only the launching of wars of aggression would be illegal, but also, for the first time, to make the rulers who lead their countries into wars of aggression personally responsible for their actions.” - Lord Shawcross - Principal British Prosecutor at Nuremberg, 1945.

 

“To initiate a war of aggression is not only an international crime, it is the supreme international crime.”

 

“To initiate a war of aggression is a crime that no political or economic situation can justify.”

 

The Nuremberg Principles

Principle I. Any person who commits an act which constitutes a crime under international law is responsible therefore and liable to punishment.

Principle II. The fact that internal law does not impose a penalty for an act which constitutes a crime under international law does not relieve the person who committed the act from responsibility under international law.

Principle III. The fact that a person who committed an act which constitutes a crime under international law acted as Head of State or responsible government official does not relieve him from responsibility under international law.

Principle IV.  The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him.

Principle V.  Any person charged with a crime under international law has the right to a fair trial on the facts and law.

Principle VIThe crimes hereinafter set out are punishable as crimes under international law:

(a) Crimes against peace:

(i) Planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances;

(ii) Participation in a common plan or conspiracy for the accomplishment of any of the acts mentioned under (i).

(b) War Crimes:

Violations of the laws or customs of war which include, but are not limited to, murder, ill-treatment or deportation of slave-labour or for any other purpose of the civilian population of or in occupied territory, murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns, or villages, or devastation not justified by military necessity.

(c) Crimes against humanity:

Murder, extermination, enslavement, deportation and other inhumane acts done against any civilian population, or persecutions on political, racial, or religious grounds, when such acts are done or such persecutions are carried on in execution of or in connection with any crime against peace or any war crime.

Principle VII.  Complicity in the commission of a crime against peace, a war crime, or a crime against humanity as set forth in Principle VI is a crime under international law.