If Putin Is a War Criminal, What about Bush?

Published in UDN
(Taiwan) on 27 March 2022
by Chen-Shen Yen (link to originallink to original)
Translated from by Jennifer Sampson. Edited by Michelle Bisson.
U.S. President Joe Biden has accused Vladimir Putin of being a war criminal. In other words, in the Russian-Ukraine War, Putin has committed so-called war crimes according to international law. This concept, developed in the mid-19th century, fundamentally applies to any actions taken against the people of an invaded country and includes indiscriminate violence, rape, cruelty and murder.

In the 20th century, at international conferences during World War II, such as the Moscow Conference in 1943 and the Potsdam Conference in 1945, leaders of the Allied forces expressed a desire to address German and Japanese war crimes. After the war, the Nuremberg Charter listed three types of crimes committed in war: crimes against peace, war crimes and crimes against humanity. Crimes against peace include preparing for and launching war, while crimes against humanity are political, ethnic and religious persecution, including genocide.

In the Nuremberg and Tokyo trials after the war, Allied leaders successfully prosecuted German and Japanese war criminals. During the Nuremberg Trials, 22 German war criminals were tried; all but three were sentenced, while 12 were sentenced to death. Of the 25 Japanese war criminals, seven were hanged, 16 were imprisoned for life and two received determinate prison sentences. Although Germany and Japan had been defeated, Allied forces may have also been involved in war crimes while carrying out their missions, but they were never prosecuted. Therefore, critics believe that trials for war crimes are nothing but justice for the victors.

When Biden accused Putin of being a war criminal, I believe that many people in developing countries, and even many Americans, thought about how the U.S. military behaved during the Iraq War and wondered whether that behavior justified labeling George W. Bush a war criminal. If the reader is interested, an online search for “Bush” and “war crime” yields countless links. Among the search results is the story from two or three years ago that Mark Ruffalo, star of the Hollywood movie “The Avengers,” hoped to see Bush brought to justice. Even earlier in 2011, five judges in the Kuala Lumpur War Crimes Commission all convicted Bush and former British Prime Minister Tony Blair of committing crimes against peace, crimes against humanity and genocide during the Iraq War.

However, it was Michael Haas who really stuck Bush with the label of war criminal in his 2009 book, “George W. Bush, War Criminal? The Bush Administration’s Liability for 269 War Crimes.” Among the evidence Haas meticulously laid out, six crimes were related to starting a war of aggression, 36 were related to crimes committed during the war, 175 were related to treatment of war prisoners, and 52 were related to postwar occupation.

If Putin is accused of committing war crimes, they are, of course, related to his launching an invasion of Ukraine. Furthermore, according to international media reports, we cannot rule out that Russian troops have engaged in war crimes by indiscriminately attacking nonmilitary and civilian targets. As for launching the war, we often mention reasons such as Russia’s intolerance of Ukraine wanting to join NATO, as well as Moscow’s support for pro-Russia votes for independence in the Donetsk and Luhansk regions. However, in a recent speech to a domestic audience, Putin provided another important piece of news — the U.S. is supporting dozens of chemical or biological weapons laboratories in Ukraine, which is a threat to Russian security.

Putin’s comments sound very familiar, they are similar to accusations by the U.S. before the Iraq War that Saddam Hussein had weapons of mass destruction. Not only did the United Nations International Atomic Energy Agency disprove this accusation after an investigation, but a special report by the U.S. Senate also concluded that the Bush administration had misled the public. We have no way of verifying whether the U.S. is developing chemical or biological weapons in Ukraine, but if Putin uses it as an excuse to invade neighboring countries without evidence, it is as unjustified as Bush’s reasons for launching the Iraq War. If Putin is a war criminal, Bush is as well. If Bush isn’t a war criminal, why is Putin still labeled as one?

The author is an adjunct researcher at the National Chengchi University Institute of International Relations.


如果普亭是戰犯,布希呢?

美國總統拜登指控普亭是戰爭罪犯,簡稱戰犯;換句話說,在俄烏戰爭,普亭觸犯國際法所謂戰爭罪。這個十九世紀中期發展出概念,基本上是指任何對被侵略國家人民採取的濫用暴力,包括強暴、殘害及謀殺等行為。

廿世紀二次大戰期間,聯軍領導人曾在國際會議,如一九四三年莫斯科會議及一九四五年波茨坦宣言中,先後表達要處理德國及日本戰犯。戰後紐倫堡憲章,列出三個戰爭中罪行,包括違反和平罪、戰爭罪,及違反人類罪。違反和平罪就是籌備及發動戰爭,而違反人類罪則是對平民百姓的政治、種族及宗教迫害,也包括種族滅絕。

戰後的紐倫堡大審及東京大審,成功地起訴德國與日本戰犯,前者起訴廿二位德國戰犯,其中僅三位未被定罪,定罪者中有十二位被判死刑;在被起訴的廿五位日本戰犯中,七位被判絞刑、十六位遭終身監禁、兩位則是有期徒刑。由於德國及日本皆為戰敗國,盟國軍人在執行任務時也有可能涉及違反戰爭罪,卻未被起訴,因此批評者認為這些戰爭罪審判,不過就是勝利者的正義。

當拜登指控普亭為戰犯時,相信許多第三世界人民,甚至不少美國公民都會聯想起,美軍在伊拉克戰爭中的行為,是否也足以讓布希成為戰犯?如果讀者有興趣,只要在網路搜尋Bush和war crime,就可以找到無數筆連結,包括兩、三年前好萊塢電影《復仇者聯盟》的馬克.盧法羅希望看到布希受到法律制裁。更早前,馬來西亞吉隆坡戰爭罪法庭的五位法官,在二○一一年時就全數判定布希和英國首相布萊爾在伊拉克戰爭中,犯下違反和平罪、違反人類罪、及種族滅絕。

不過,真正讓布希貼上標籤的,是美國政治學者哈斯在二○○九年出版《喬治.W.布希,戰爭罪犯?布希政府對兩百六十九項戰爭罪行的責任》一書,因為哈斯鉅細靡遺地做出指證,其中六項與發動侵略戰爭有關、卅六項則是戰爭進行中罪行,一百七十五項是對戰犯待遇、五十二項則是與戰後占領有關。

普亭若被指控違反戰爭罪,當然和他發動入侵烏克蘭戰爭有關,且根據國際媒體的報導,我們也不排除俄軍在戰爭中,無差別待遇攻擊非軍事措施及平民百姓違反戰爭行為。說到發動戰爭,我們經常提到俄羅斯無法容忍烏克蘭想要加入北約企圖,及莫斯科支持烏東地區俄羅斯人占多數頓內斯克及盧甘斯克公投獨立等理由。不過,最近普亭對國內一場談話中,卻透露出另一個很重要訊息,就是美國支持烏克蘭幾十個實驗室研發生化武器,對俄羅斯安全構成威脅。

普亭這段談話聽起來相當熟悉,和美國發動伊拉克戰爭前對海珊政權擁有大規模毀滅性武器指控非常類似。不僅聯合國國際原子能總署調查否定這項指控,美國參議院特別報告同樣也認為布希政府誤導輿論。我們無法確認美國是否真的在烏克蘭境內研發生化武器,普亭若無證據就進攻鄰國,和布希當年發動伊拉克戰爭理由同樣不正當。如果普亭是戰犯,布希當然也是;如果布希不是戰犯,為何普亭是戰犯?

(作者為政大國關中心兼任研究員)
This post appeared on the front page as a direct link to the original article with the above link .

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