In a rare situation, the U.S. can be convicted of aiding and abetting war crimes such as genocide, crimes against against humanity, and other war crimes under international law. This is all fact and no bias or opinion. Here is how: The U.S. was one of the sponsors and adopted and signed the new Arms Trade Treaty (ATT) but it is pending ratification before Congress leaving the question of if it is legally binding upon the U.S. as that question was brought up. However, it is very clear under Article 18 of the 1969 Vienna Convention On The Law Of Treaties that an interim obligation is constructed by signature without ratification by Congress as it states: A State is obliged to refrain from acts which would defeat the object and purpose of a treaty. 1969 Vienna Convention On The Law Of Treaties: oas.org/legal/english/docs/Vienna%20Convention%20Treaties.htm The International Court of Justice (ICJ) also ruled that between signature and ratification, a treaty is provisional so legal action can be taken as provisional applications between signature and ratification have legal effect according to the United Nations. ICJ Ruling That Signature Without Ratification Is A Provisional Application: icj-cij.org/docket/index.php?sum=276&code=ppcg&p1=3&p2=4&case=12&k=90&p3=5 U.N. Recognition That A Treaty Between Signature and Ratification Has Legal Effect, Otherwise Known As A Provisional Application : unesco.org/new/en/social-and-human-sciences/themes/international-migration/glossary/provisional-application/ Furthermore, the U.S. did not formally make any reservations in a legal manner but merely opposed some factors in relation to arms trade with foreign policy interests which the ICJ judgement cited overruled as it states: Therefore, the objection does not have an immediate legal effect but expresses and proclaims the attitude of each signatory State on becoming a party. Therefore, the U.S. can be found guilty of aiding and abetting war crimes such as genocide and crimes against humanity by providing Israel with arms with the knowledge that there violations of international law under the Geneva Conventions going on in Gaza as per Article 6 (3) as well as Article 7 in full of the ATT the U.S. adopted and is signatory to if the State of Palestine decides to bring up proceedings to this effect.
Posted on: Tue, 05 Aug 2014 04:59:42 +0000
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