Law and Disorder May 2, 2022

US Petitions The ICC For War Crimes

As the war in Ukraine continues to rage, the U.S. Senate passed a resolution that “encourages member states to petition the [International Criminal Court] or other appropriate international tribunal to take any appropriate steps to investigate war crimes and crimes against humanity committed by the Russian Armed Forces.” Yet the United States has consistently undermined the ICC. The U.S. government thinks the ICC is reliable enough to try Russians but not U.S. or Israeli officials.

Today on Law and Disorder we will examine the matter of what constitutes war crimes, whether war crimes have been committed by either side in Russia’s war in Ukraine, and the role of the International Criminal Court in adjudicating whether or not war crimes have in fact been committed.

Guest – Marjorie Cohn – Law and Disorder co-host, professor emerita at Thomas Jefferson School of Law, former president of the National Lawyers Guild, a member of the advisory board of Veterans for Peace, and the bureau of the International Association of Democratic Lawyers. She writes a regular column on Truthout and provides frequent legal and political commentary for local, national and international media. Her books include Drones and Targeted Killing: Legal, Moral and Geopolitical Issues.

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Beyond Fossil Law:  Climate, Courts, and the Fight for a Sustainable Future

The technology exists to halt and reverse the ongoing catastrophe of climate change. What is lacking is the political will to do it.

It is legal in the United States to put millions of tons of poison into the air but it is illegal to disrupt this ecocide. Our courts and Congress defend this ecocide. What is to be done?

In 2016, four people known as “the valve turners“ shut down four pipelines in the states of Washington, Montana, Minnesota, and North Dakota. They were arrested and tried. How did the valve turners defend themselves? They mounted the defense of necessity.

The necessity defense is the legal concept that a person can commit a minor crime in order to prevent a larger one. In this case the valve turners admitted to trespass on oil pipeline company property in order to prevent their ongoing contribution to the crisis of climate change.

Guest – Attorney Ted Hamilton, author of the just-published book, “Beyond Fossil Law:  Climate, Courts, and the Fight for a Sustainable Future.“ Bill McKibben describes Ted Hamilton book as “a sweeping account of how the legal system enables the ongoing destruction of the planet.“. Ted Hamilton is a climate movement lawyer, writer, and literary scholar. After law school, he co-founded the Climate Defense Project, which provides legal assistance to climate justice activists including the valve turners. He lives in Worcester, Massachusetts.

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Law and Disorder April 25, 2022

Radio Documentary – It Was Genocide: Armenian Survivor Stories

Around the world, April 24 marks the observance of the Armenian Genocide. On that day in 1915 the Interior Minister of the Ottoman Empire ordered the arrest and hangings of Armenian intellectuals and community leaders in Constantinople. It was the beginning of a systematic and well-documented plan to eliminate the Armenians, who were Christian, and who had been under Ottoman rule and treated as second class citizens since the 15th century.

The unspeakable and gruesome nature of the killings—beheadings of groups of babies, dismemberments, mass burnings, mass drownings, use of toxic gas, lethal injections of morphine or injections with the blood of typhoid fever patients—render oral histories particularly difficult for survivors of the victims.

Why did this happen? Despite being deemed inferior to Turkish Muslims, the Armenian community had attained a prestigious position in the Ottoman Empire and the central authorities there grew apprehensive of their power and longing for a homeland. The concerted plan of deportation and extermination was effected, in large part, because World War I demanded the involvement and concern of potential allied countries. As the writer Grigoris Balakian wrote, the war provided the Turkish government “their sole opportunity, one unprecedented” to exploit the chaos of war in order to carry out their extermination plan.

As Armenians escaped to several countries, including the United States, a number came to New Britain, Connecticut in 1892 to work in the factories of what was then known as the hardware capital of the world. By 1940 nearly 3,000 Armenians lived there in a tight-knit community.

Pope Frances calls it a duty not to forget “the senseless slaughter” of an estimated one and a half million Armenians by the Ottoman Turks from 1915 to 1923. “Concealing or denying evil is like allowing a wound to keep bleeding without bandaging it,” the Pope said just two weeks before the 100th anniversary of the systematic implementation of a plan to exterminate the Armenian race.

Special thanks to Jennie Garabedian, Arthur Sheverdian, Ruth Swisher, Harry Mazadoorian, and Roxie Maljanian. Produced and written by Heidi Boghosian and Geoff Brady.

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Horrors Of Adana by Bedross Der Matossian

In April 1909, a few years before the 1914 Ottoman massacre of Armenians, two massacres killed more than 20,000 Christians, primarily Armenians. They transpired in Adana, situated on the Mediterranean cost of southern Anatolia. Images of the area after the attacks show unprecedented destruction of a formerly prosperous city. Armenian churches, businesses, and homes were destroyed, and the violence quickly spread across the province and extended outside its eastern borders into the province of Aleppo.

Despite the magnitude of these devastating atrocities, no one was held accountable. In fact, they have have remained largely absent from history books. But that’s about to change.

Guest – Bedross Der Matossian has written a meticulously-researched examination of these events. It’s called The Horrors of Adana: Revolution and Violence in the Early Twentieth Century, and it’s published by Stanford University Press. It’s a detailed exploration of the twin massacres and the events and the economic and sociopolitical transformations leading up to them. He is Associate Professor at the University of Nebraska, Lincoln, and the president of the Society for Armenian Studies. He is the author and co-editor of several books including the award-winning book, Shattered Dreams of Revolution: From Liberty to Violence in the Late Ottoman Empire.

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Law and Disorder April 11, 2022

The Effects Of War On Our Economy

The US government is seeking regime change in Russia. According to Biden, they want to get rid of Putin and impose the most draconian sanctions ever on Russia after its illegal war of aggression on Ukraine, a war that the US-led NATO provoked. Once again, as it did in Afghanistan, the United States got Russia involved in a war and now hopes to bleed and bury her. For this ignoble end, the US military will fight Russia in this proxy war with every last drop of Ukrainian blood.

It is the opinion of many historians and economists that the American empire is on the way out. They think its exit has been accelerated by the sanctions it has imposed on Russia, that these sanctions have boomeranged and that the unipolar world headed by the United States is about to be fragmented.

What will be the effect of the sanctions on the US dollar, which is now the currency of international trade, if the United States loses its place as the unipolar power on the planet? How will the US economy be affected if the dollar is no longer used as the only reserve currency for international trade and what will the consequences be for Americans?

How will the war affect those who depended on Ukraine as the breadbasket of the world for its massive production of wheat? What about its effect on Europeans, who depend on Russian natural gas and oil?

Guest – Economist Richard Wolff assesses the catastrophic effect of the Russian invasion of Ukraine. Richard Wolff is professor emeritus at the University of Massachusetts, where he was the chairman of the economics department. He is the founder of Democracy at Work and the author of numerous books. He is presently a visiting professor at the New School in New York City.

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Supreme Court Justice Clarence Thomas Ethical Conflict Of Interest

In an ethics bombshell for the legal community, the Washington Post recently broke the story of Supreme Court Justice Clarence Thomas’s wife Virginia (or “Ginni”) Thomas’s text messages to former White House chief of staff Mark Meadows.
In her texts, Ginni Thomas urged Meadows to do anything he could to subvert the democratic voting result and to fight, in her words, for good over evil. The goal was to frustrate Joe Biden’s victory and keep Donald Trump in power.

Ginni Thomas has been a persistent voice on behalf of tea party activism. She founded Growdswell, a group of far-right activists, nonprofit heads, journalists, and others who reportedly meet weekly at the offices of Judicial Watch to strategize in order to advance a right-wing agenda. A New York Times Magazine investigation revealed that Thomas oversaw Groundswell’s project of a “30-front war” to “exchange and amplify hardline positions on immigration, abortion, and gun control.”

Ginni Thomas also sits on the board of the action arm of the Center for National Policy, a secretive, right-wing entity that helped advance, according to the Times, the “Stop the Steal” movement. Thomas was thus greatly involved in efforts to overturn the outcome of the 2020 election.

Advocacy on these and other issues that come before the Supreme Court, without Ginni Thomas’s husband recusing himself, threaten to further erode Americans’ trust in this legal pillar of democracy.

Guest – James Sample is a professor at Hofstra Law School. Professor Sample regularly comments on ethical issues for leading media outlets, including The Wall Street Journal, The New York Law Journal, Slate.com and The Huffington Post, and he is a frequent presenter at national conferences.

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Law and Disorder March 28, 2022

Russia, Deescalation And Nuclear Disarmament

If the U.S. nuclear policy doesn’t change immediately and rapidly we are in a lot of trouble.  Seventy-seven years ago, the United States became the first, and so far the only, country to use nuclear bombs when we destroyed the two Japanese cities of Hiroshima and then Nagasaki to frighten the Russians and secure an immediate and unconditional surrender of Japan in World War II. The dropping of these bombs was the first move against Russia that would devolve two years later in 1947 into the Cold War.

The threat of nuclear war has never eased and it is now imminent with the fighting in the Ukraine which could draw the U.S. and NATO into a direct conflict with Russia. We are now in a new stage of this war. It has become hot and so perilous it threatens all of humanity, all of earth’s creatures, with annihilation. Any mistake, any miscalculation would quickly and irretrievably doom us all. This almost happened during the Cuban Missile Crisis where nuclear war was avoided, according to scholars, by luck and decent leadership.

What has been the history of attempts to contain and roll back the threat of nuclear war? What has been tried and what is failed? What will it take to get the nine countries who possess nuclear weapons to give them up?

The Veterans for Peace organization spelled it out clearly.  There should be a “no first use” policy and nuclear missiles must be taken off hair trigger alert. The United States should rejoin the Anti-Ballistic Missile Treaty and the Intermediate-Range Nuclear Forces Treaty, from which George W. Bush and Donald Trump withdrew, respectively. The U.S. should sign the Treaty on the Prohibition of Nuclear Weapons. Our country should initiate negotiations to reduce and eventually eliminate all nuclear weapons, as required by the Nuclear Non-Proliferation Treaty, to which the U.S. is a party.

To start, there must be a cease-fire in the Ukraine, the withdrawal of Russian forces, and guarantees of Ukrainian sovereignty and Russian security.

Peter’s recent article –  Beijing should help mediate to end the Russia-Ukraine crisis 

Guest – Peter Kuznick is a professor of history at American University and directs the Nuclear Studies Program. at that institution. Peter and Oliver Stone wrote The Untold History of the United States and also produced a showtime documentary series based on the book.

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World Peace Through Law: Replacing War with the Global Rule Of Law

In 1945, following World War I and World War II, wars that claimed millions of lives, the nations of the world enacted the United Nations Charter “to save succeeding generations from the scourge of war.” The Charter prohibits the use of military force except in self-defense after an armed attack by another state or when the Security Council approves it. The five victors of World War II, who became the permanent members of the Security Council, agreed to the Charter because they each received a veto over matters of war and peace.

The United States is a party to the 1970 Nuclear Non-Proliferation Treaty. Nevertheless, it continues to violate the provision of that treaty that requires the parties to move toward the elimination of nuclear weapons. Although he won the Nobel Peace Prize, Barack Obama’s administration advanced a policy, which Donald Trump and Joe Biden continued, to develop leaner and meaner nuclear weapons. The proposed U.S. budget calls for nearly $2 trillion over the next 30 years to build two new bomb factories, missiles, planes, submarines and redesigned warheads. In spite of the UN Charter and the Nuclear Non-Proliferation Treaty, we are now facing the most dangerous threat of nuclear war in the last 60 years.

Guest – James Ranney is a retired Adjunct Professor at Widener Law School, co-founder of the Jeanette Rankin Peace Center, a legal consultant to the UN International Criminal Tribunal for the Former Yugoslavia, and a board member of the Project for Nuclear Awareness. Professor Ranney has written a book called “World Peace Through Law: Replacing War with the Global Rule of Law.” In this book, he calls for arms reduction, including the abolition of nuclear weapons, and global alternative dispute resolution mechanisms, with enforcement mechanisms.

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Law and Disorder March 21, 2022

Ukraine, Russia, NATO and United States Conflict Analysis

As attacks escalate in Ukraine, the push for a no-fly zone over the country grows stronger. However last week there were indicators that top Ukrainian negotiators are moving toward a cease-fire deal.  This comes as we’ve reported last week that the United States has baited the Russian bear repeatedly, starting in 1990 with the breakup of the Soviet Union. At that time, US Secretary of State James Baker promised the Russian leader Mikhail Gorbachev that the US-led NATO organization would not move “one inch” east towards Russia. This promise was broken.

The Russians were betrayed.Since then, NATO has recruited 11 former Soviet bloc and Warsaw Pact countries into its military organization. Led by the United States, NATO is an organization has played an aggressive role, having carried out the bombings of Serbia, Iraq, Syria, Somalia, and Libya.

NATO has placed missiles in Poland within 100 miles of the Russian border. Missiles on the long border between Ukraine and Russia could hit Moscow in 10 minutes making it impossible for Russia to defend itself. Russia’s attempts to make United States understand that they have crossed a red line has been consistently rejected.

This is not to defend Russia’s actions but to place them in historical context. The world now has come to the edge of an abyss. A nuclear war could easily be started, annihilating all of humanity. The rule of law must be restored.

Russia must honor a cease-fire and withdraw. The United States must forswear arming Ukraine and recruiting the Ukraine into NATO. Ukraine must go forward as a neutral country like Austria or Finland.

Guest – Chris Hedges spent two decades as a foreign correspondent, 15 of them with The New York Times, covering conflicts in Central America, the Middle East, Africa and the former Yugoslavia. He learned overseas that the evils of empire are the external expression of white supremacy, just as mass incarceration, which he describes as the civil rights issue of our age, is the most brutal internal expression of white supremacy. Prisons , he writes, are the modern iteration of slave plantations. Hedges is the author of 14 books, The winner of a Pulitzer Prize for journalism, a graduate of Harvard Divinity school, and an ordained Presbyterian minister. chrishedges.substack.com

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 Assata Taught Me:  State Violence, Racial Capitalism, and the Movement for Black Lives

Assata Shakur is an inspiration to many young Black and brown activists today. She was a Black Panther Party member in New York in 1968 when FBI Director J. Edgar Hoover said that the Panthers were the single “greatest threat to the internal security of the country.“ Hoover launched the Cointelpro program to eliminate the Black Panthers.

When the Panthers broke up, Assata became a member of the Black Liberation Army.  She was seriously wounded and apprehended in 1973 by state troopers in a shoot-out on a New Jersey highway.  She was tried and convicted of murdering a state trooper even though the medical evidence showed that she was badly injured and could not have fired a gun.

Assata escaped from prison in 1979 and five years later, she was given political asylum in revolutionary Cuba where she lives today.  The FBI has put a $2 million bounty on her head. She has a target on her back inasmuch as she is wanted dead or alive.

Guest – Donna Murch, associate professor of history at Rutgers University in New Jersey. Professor Murch, who specializes in African-American and US History, Black Radicalism, and History of Mass Incarceration, is known as the historian of the Black Panther Party. She has recently written the book “Assata Taught Me: State Violence, Racial Capitalism, and the Movement for Black Lives” published by Haymarket Books. In it, she analyzes the forces giving rise to Black Power and Black radicalism, mass incarceration, the militarization of the police who target people of color, and the genesis of Black Lives Matter.

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Law and Disorder March 14, 2022

Russia, Deescalation And War Crimes

The Nuremberg tribunal called aggression “the supreme international crime” because it contains within it all other crimes. German Nazi leaders were tried, convicted, and hung at Nuremberg for the German war of aggression they began in September of 1939 when they invaded Poland and started World War II.

The guilty verdicts at Nuremberg were not merely “victors’ justice.” Its precepts were incorporated into the UN Charter. The Charter, which is a treaty ratified by the countries of the world, established a process for keeping the peace and “to save succeeding generations from the scourge of war.” War is outlawed with the only exception being self-defense after an armed attack or with the permission of the Security Council.

Russia is guilty of aggression against Ukraine. But that being said, the United States has baited the Russian bear repeatedly, starting in 1990 with the breakup of the Soviet Union. At that time, US Secretary of State James Baker promised the Russian leader Mikhail Gorbachev that the US-led NATO organization would not move “one inch” east towards Russia. This promise was broken.
The Russians were betrayed.

Since then, NATO has recruited 11 former Soviet bloc and Warsaw Pact countries into its military organization. Led by the United States, NATO is an organization has played an aggressive role, having carried out the bombings of Serbia, Iraq, Syria, Somalia, and Libya.

NATO has placed missiles in Poland within 100 miles of the Russian border.  Missiles on the long border between Ukraine and Russia could hit Moscow in 10 minutes making it impossible for Russia to defend itself.  Russia’s attempts to make United States understand that they have crossed a red line has been consistently rejected.

This is not to defend Russia’s actions but to place them in historical context.  The world now has come to the edge of an abyss.  A nuclear war could easily be started, annihilating all of humanity. The rule of law must be restored.

Russia must honor a cease-fire and withdraw.  The United States must forswear arming Ukraine and recruiting the Ukraine into NATO.  Ukraine must go forward as a neutral country like Austria or Finland.

Guest – Peter Kuznick is a professor of history at American University and directs the Nuclear Studies Program. at that institution. Peter and Oliver Stone wrote The Untold History of the United States and also produced a showtime documentary series based on the book.

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Ukraine Invasion Economic Analysis

Horrific images of the war in Ukraine and the now more than 2 million displaced persons streaming over Ukraine’s border continue to emerge. Ukrainian President Volodymyr Zelensky is calling for a no-fly-zone over Ukraine and the corporate media is hyping more punishing sanctions against Russia.

So far, Joe Biden has resisted calls for a no-fly-zone, apparently mindful that enforcing a no-fly-zone would mean the US Air Force shooting down Russian planes and bombing Russian ground installations that provide Russian forces with anti-aircraft support. That could well devolve into a nuclear confrontation.

The United States and other Western countries have imposed sanctions against Russia, including expelling some Russian banks from the SWIFT financial messaging system, essentially barring them from international transactions and effectively blocking Russian exports and imports, as well as banning imports of Russian oil and gas. But these sanctions harm not the Russian oligarchs, but the Russian people while raising gas prices for people in the United States.

The prospect of cyberwarfare lurks in the background, which could redound to the detriment of people around the world, including those of us in the United States. Meanwhile, the U.S. and its allies continue to send massive armaments to Ukraine, to the delight of the huge military contractors.

While Russia’s full-scale invasion of Ukraine constitutes illegal aggression prohibited by the UN Charter, it is necessary to analyze the history and geopolitics as well as the role NATO has played in the region, in order to understand both the context for the conflict and how it could have been prevented.

Guest – Corinna Mullin, an organizer and professor of political science and political economy at the John Jay College of Criminal Justice and Brooklyn College-CUNY in New York. Corinna is also a member of the steering committee of the International People’s Tribunal on U.S. Imperialism: Sanctions, Blockades, and Economic Coercive Measures.

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