Wednesday, August 08, 2012

Francis A. Boyle: The Criminality Of Nuclear Deterrance

By Francis A. Boyle, Countercurrents.org, August 5, 2012

The human race stands on the verge of nuclear self-extinction as a species, and with it will die most, if not all, forms of intelligent life on the planet earth. Any attempt to dispel the ideology of nuclearism and its attendant myth propounding the legality of nuclear weapons and nuclear deterrence must directly come to grips with the fact that the nuclear age was conceived in the original sins of Hiroshima and Nagasaki on August 6 and 9, 1945. The atomic bombings of Hiroshima and Nagasaki constituted crimes against humanity and war crimes as defined by the Nuremberg Charter of August 8, 1945, and violated several basic provisions of the Regulations annexed to Hague Convention No. 4 Respecting the Laws and Customs of War on Land (1907), the rules of customary international law set forth in the Draft Hague Rules of Air Warfare (1923), and the United States War Department Field Manual 27-10, Rules of Land Warfare (1940). According to this Field Manual and the Nuremberg Principles, all civilian government officials and military officers who ordered or knowingly participated in the atomic bombings of Hiroshima and Nagasaki could have been lawfully punished as war criminals. The start of any progress toward resolving humankind’s nuclear predicament must come from the realization that nuclear weapons have never been legitimate instruments of state policy, but rather have always constituted illegitimate instrumentalities of internationally lawless and criminal behavior.

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