One generation ago the peoples of the world asked themselves: Where were the "good" Germans? Well, there were some good Germans. The Lutheran theologian and pastor Dietrich Bonhoeffer was the foremost exemplar of someone who led a life of principled opposition to the Nazi-terror state even unto death.
Today the peoples of the world are likewise asking themselves: Where are the "good" Americans? Well, there are some good Americans. They are getting prosecuted for protesting against illegal U.S. military interventions and war crimes around the world. First Lieutenant Ehren Watada is America’s equivalent to Dietrich Bonhoeffer, Vaclav Havel, Andrei Sakharov, Wei Jingsheng, Aung San Suu Kyi, and others. He is the archetypal American Hero whom we should be bringing into our schools and teaching our children to emulate, not those wholesale purveyors of gratuitous violence and bloodshed adulated by the U.S. government, America’s power elite, the mainstream corporate news media, and its interlocked entertainment industry.
In international legal terms, the Bush Jr. administration itself should now be viewed as constituting an ongoing criminal conspiracy under international criminal law in violation of the Nuremberg Charter, the Nuremberg Judgment, and the Nuremberg Principles, because of its formulation and undertaking of wars of aggression, crimes against peace, crimes against humanity, and war crimes that are legally akin to those perpetrated by the former Nazi regime in Germany.
As a consequence, American citizens and soldiers such as Lieutenant Watada possess the basic right under international law and the United States domestic law, including the U.S. Constitution, to engage in acts of civil resistance in order to prevent, impede, thwart, or terminate ongoing criminal activities perpetrated by U.S. government officials in their conduct of foreign affairs policies and military operations purported to relate to defense and counter-terrorism.
If not so restrained, the Bush Jr. administration could very well precipitate a Third World War.
FRANCIS A. BOYLE, Professor of Law, University of Illinois, is author of Foundations of World Order, Duke University Press, The Criminality of Nuclear Deterrence, and Palestine, Palestinians and International Law, by Clarity Press. He can be reached at: FBOYLE@LAW.UIUC.EDU