(1787): It gives Congress the exclusive authority "to declare war" (Article
I,Section 8). Writings by the framers leave no doubt of their intent: Only
Congress may start a war.
Military actions in all the above lands have been unconstitutional, started by President Clinton. The Constitution and the treaties listed below were violated by other presidents as well as Clinton. They included Truman (Korea); Kennedy, Johnson, and Nixon (Indochina); Reagan (Middle East and Latin America); and Bush (Panama and Persian Gulf). Since Korea (1950), some 113,000 Americans and millions abroad have died in presidential wars. Such wars remain unlawful; illegality does not become legal by its repetition, the Supreme Court has ruled. Note that the Constitution regards "all treaties made ... under the authority of the United States" as U.S. law (Article VI).
The Hague Conventions (IV,1907): "It is especially forbidden
(a) to employ poison or poisoned weapons; (b) To kill or wound treacherously ...
(e) To employ arms, projectiles, or material calculated to cause unnecessary
suffering..." (Article 23). "The attack or bombardment, by whatever
means,of towns,villages, dwellings or buildings which are undefended is
prohibited." (Article 25).
The press reported the bombardment of defenseless occupants of communities, dwellings, etc. in tens of thousands of air raids on Yugoslavia and on Iraq. It disclosed also the use in Yugoslavia of (1) radioactive ammunition, endangering civilians and troops alike, and (2) cluster bombs, designed solely to kill and maim; many failed to explode at first but have since caused innumerable losses of limbs. Spanish pilots flying for NATO said that gases, surface mines, bombs with uranium, napalm, and other chemicals were among weapons being used against the Yugoslavs. (See also final item.)
Pact of Paris (or Treaty for the Renunciation of War as an
Instrument of National Policy or Kellogg-Briand Peace Pact,1928): It made
aggressive war illegal and its initiation an individual crime. The
Nuremberg tribunal sentenced Nazi leaders to death for violating
Clinton's wars have been aggressive, all unprovoked attacks on people abroad.
United Nations Charter (1945): The primary purpose of the
United Nations is "to save succeeding generations from the scourge of war"
(Preamble). Accordingly, "All members shall settle their international
disputes by peaceful means" and "refrain in their international relations from
the threat or use of force against the territorial integrity or political
independence of any state ..." (Article
Clinton repeatedly attacked and embargoed Iraq because its president would not do what he wanted. He presented Yugoslavia with an ultimatum,demanding that NATO occupy the entire country. When, as expected, it was rejected, he devastated the country, killing thousands of its people, and seizing its province of Kosovo. See also the OAS charter, next.
Charter of the Organization of American States (OAS
charter,1948): "No State or group of States has the right to intervene, directly
or indirectly, for any reason whatever, in the internal or external affairs of
any other state [Article 15].... The territory of a State is inviolable;
it may not be the object,even temporarily, of military occupation or of other
measures of force taken by another State, directly or indirectly,on any grounds
whatever [Article 17]."
To change Haiti's government,Clinton threatened war and sent troops to occupy the country. Other breaches were Bush's Panama war and Reagan's interventions in Nicaragua and El Salvador.
North Atlantic Treaty (1949): "The parties undertake,as set
forth in the Charter of the United Nations, to settle any international disputes
in which they may be involved by peaceful means ... and to refrain in their
international relations from the threat or use of force in any manner
inconsistent with the purposes of the United Nations." Force is
contemplated only when a member nation is attacked.nbsp; In any case, the
parties are to carry out the provisions of the treaty "in accordance with their
respective constitutional processes."
In violating the UN Charter, Clinton also violated the North Atlantic Treaty. He converted the North Atlantic Treaty Organization (NATO) from a defensive organization to an offensive one, which ganged up to attack, destroy, and conquer a small country.
Geneva Conventions (1949): "Civilian hospitals ... may in no
circumstances be the object of attack but shall at all times be respected and
protected by the parties to the
Hospitals, including maternity wards, were considered fair game in the Clinton-NATO campaign of terror against the Yugoslav people. (See also Protocol Additional,1977.)
Nuremberg Principles (as adopted by the General Assembly of
the United Nations,1950): The fact that a person committing a crime under
international law acted as head of state or a government official or pursuant to
orders "does not relieve him from responsibility under international law."
Crimes against peace include "Planning, preparation, initiation or waging of a
war of aggression or a war in violation of international treaties, agreements or
assurances." War crimes include "murder, wanton destruction of cities,
towns, or villages, or devastation not justified by military necessity."
Complicity in the commission of a crime against peace or a war crime is itself a
All the enumerated crimes against peace and war crimes were committed by Clinton, subordinates, and NATO accomplices.
War Powers Resolution (1973): Sending forces into
hostilities requires (1) a war declaration, (2) specific statutory
authorization, or (3) a national emergency created by an attack on the
This U.S. law was disregarded by Clinton and predecessors.
Final Act of the Helsinki Conference (or Conference on
Security and Cooperation in Europe,1975): It affirmed respect for sovereign
equality,the inviolability of frontiers, the peaceful settlement of disputes,
non-intervention in international affairs, and the avoidance of the threat or
use of force.
All of those provisions were violated in all of Clinton's acts of aggression.
Protocol Additional to the Geneva Conventions of 1949
(1977,signed by the U.S.; the Senate has not yet voted on it): Requiring the
protection of civilians from military operations, it prohibits (1) attacking
civilians; threatening or conducting violence designed to spread terror among
the population, and (2) launching an indiscriminate attack that harms civilians
or civilian objects as well as military targets. Violations "shall be
regarded as war crimes" (Articles 51 and 85).
For 2 1/2 months in spring of 1999,indiscriminate missile and bomber raids hit civilians and civilian objects in Yugoslavia. Spanish pilots of war planes admitted that NATO deliberately attacked civilian targets there (Articulo 20, Spanish weekly, June 14, 1999). Many thousands of Iraqi civilians have been killed in bombings ordered by Clinton and his predecessor, President Bush.