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The War Machine
FRAMEWORK [1/2] ............................................................................................................................1 FRAMEWORK [2/2] ............................................................................................................................2 WHITE PHOSPHORUS [1/2] ................................................................................................................3 WHITE PHOSPHORUS [2/2] ................................................................................................................4 CLUSTER BOMBS [1/2] .......................................................................................................................5 CLUSTER BOMBS [2/2] .......................................................................................................................6 DEPLETED URANIUM [1/2] .................................................................................................................7 DEPLETED URANIUM [2/2] ................................................................................................................8 MILITARY RESISTANCE [2/2]...............................................................................................................9 MILITARY RESISTANCE [2/2].............................................................................................................10 SOLVENCY .......................................................................................................................................11 FL: WHITE PHOSPHORUS ..................................................................................................................12 FL: CLUSTER BOMBS .........................................................................................................................13 FL: DEPLETED URANIUM ....................................................................................................................14


parties may waive personal jurisdiction and submit to the authority of the court. and deserving of censure. http://topics. those on combatants. as control is not forfeited to an international institution. While the A court must have jurisdiction to enter a It is not that attacks on noncombatants are cruel in contrast to innocent. Cornell University Law School. but harming innocents who need not be injured is a moral evil. The character of those who loot and ravage and who destroy women and children is one of enraged cruelty and nothing else. but no amount of compensation can change the fact that war is cruel. however. Part 9 of the Statute requires all States Parties to “ensure that there are procedures available under their national law for all of the forms of cooperation which are specified under this Part. Stroble [Excerpt from: The Ethics of War and the Uses of War. The sheer absence of courage also makes a cruel act naked. In this sense. enforceable judgment on a claim. as it were. War is a necessary evil in the international arena. only a handful of states (22) have truly submitted to the jurisdiction of the court. The presence of compensating virtues may make the revulsion of war less. cruelty is unmitigated by any compensating virtue. is deserving also of condemnation. But this is only a difference of degree: war itself insofar as it is cruel. Collateral damage is a reality of war but states ought to take steps to minimize it when doing so requires slight adjustment of military policy. but not because civilians suffer more pain or are more Without the courage to overcome the fear of genuine dangers such as those that men face in battle. James A. Countries such as Colombia have enacted complimentarity legislation but not cooperation legislation. The value is justice because the resolution questions the appropriate jurisdiction of institutions over acts of war and crimes against humanity. the parties may not waive subject-matter jurisdiction. This is not an act of submission. Legal Information Institute clarifies what it means to submit to jurisdiction [“Subject matter jurisdiction” Legal Information Institute. The criterion is restraining the United States war machine. Ch 2.) The attacking of civilians is an act of pure cruelty. This entails the establishment of two forms of legislation: complimentarity legislation and co-operation legislation. unalloyed cruelty. It is not only a pity or sense of justice that moves us. He is. have enacted the latter but not the former. to force his opponent to an effort of courage. personal jurisdiction and subject matter jurisdiction. -1- . and should attempt to limit civilian casualties. Submitting to the Rome Statute requires state parties to abide by the rules of the court as well as cooperate with court functions. (7) in short.AVHS THEIS THE WAR MACHINE J/F 09 FRAMEWORK [1/2] I affirm. It is thought to be crueler to sack a town than to kill armed men. Thus this form of cruelty is one that we can clearly recognize as being wrong. Some states have not fully submitted to the court because they have not enacted both forms of legislation. neither as helpless nor as pitiable as an unarmed civilian. Subject-matter jurisdiction is the requirement that the court have power to hear the specific kind of claim that is brought to that] Jurisdiction may be broken down into two categories: Personal jurisdiction is the constitutional requirement that a defendant have certain minimum contacts with the forum in which the court sits so that the court may exercise power over the defendant. while others. The act of submission is an unlikely political move as states normally show a lack of respect for international obligations: most treaty signatories establish sovereign reservations over treaties.cornell. There are no extenuations and no veils. When engaging in military conduct. nations ought to restrain their military from using too much force. not the absence of such consent as might be imputed to a conscript who is shooting at another draftee. A brave soldier is simply a less repulsive character than a cowardly one. An armed foe at least has a chance to assert himself. It is pure. War is an arena of cruelty. and the only discrimination between these is the "nakedness" of cruelty to noncombatants. 1996] Surely it is the helplessness of civilians that exempts them from attack. 1. War is generally undesirable because of the casualties imposed. True submission means accepting treaty conditions as binding. like Japan.”” and the Statute also requires the harmonization of domestic law with ICC jurisdiction.

) Not showing military restraint also decreases the chance of peace negotiations which lengthens duration of conflict and increases dangerous militarism. then. to war weariness and military defeat. And From a native concern with one's own. An agreement to safeguard innocents is a reciprocal interest and the underpinning of engaging in conflict James A. and for protection against us they would seek stronger militant leaders. as part of a panel on Challenges Facing Humanity. turns a personal concern into a general rule of noncombatant immunity. are always vulnerable. Stroble 2 [Excerpt from: The Ethics of War and the Uses of War. but neighbors My sole contention is that United States ought to submit to the jurisdiction of the international criminal court in order to limit the recklessness of the U. Myerson [THE POWER OF RESTRAINT IN STRATEGIES OF CONFLICT AND PEACE Presented in Jerusalem on May 14. our restraint is equally essential for the credibility of our promises. So an effective deterrent strategy must combine both a threat to retaliate against aggression and a promise to reciprocate in cooperation. this may in fact be the principal aim of the military action itself. the reciprocal nature of such restraint in war provides only a conditional basis for the rule. Lackey says. it becomes rational to agree with an enemy that both sides grant immunity to the unarmed citizens of the other. Our forceful resolve makes our threats credible. but also on its reputation for restraint. If [others] our believed only our resolve but not our restraint. not only on its resolve to maintain and use strong military forces. 3. But if we lose our reputation for restraint. Ch 2. in a conference organized by President Shimon Peres of Israel] a nation's security depends. because they are unarmed and dependent upon others for their defense (or offense).AVHS THEIS THE WAR MACHINE J/F 09 FRAMEWORK [2/2] 2. they may be tempted to attack or intimidate us. only the existence of explicit agreement could establish noncombatant immunity. and the inevitable vulnerability of one's unarmed population in war.S. 1996] noncombatant immunity stems from more partisan interests: the concern of any side in a war to spare its own noncombatants from the harm and suffering of being subject to attack. or at least A more specific explanation for a general rule of one that is sufficiently impenetrable. Roger B. So a military action that we intend as retaliation against aggression may instead provoke our adversaries to greater militancy. they would fear to appease us. However. war machine. In some cases. they The key is that may fear to make peace with us. indeed. Tomorrow. If others see us as lacking resolve.) The goal of war is to protect civilians through offensive military gain or self-defense. 2008. But in war one is not able to provide a blanket of protection to one's own population. this is as true of enemy noncombatants as it is of one's own. then. This is especially true of a democratic society where politicians can be voted out of office for excessively burdening the populace.(15) Noncombatants. For Legal Positivists. unless we credibly communicate the limited scope and precise preconditions of our action. Opening up the norm of noncombatant immunity will increase the vulnerability of the U.S. As Douglas P. -2- . This agreement.

in the face of mounting evidence. and is therefore covered only by the protocol on incendiary weapons. http://www. as revealed in an investigation by The Times last month. February 2. the ICC prosecutor. The gas it produces attacks the mucous membranes. a nonsignatory to the however. The ICC would bar us from using illegal weapons that are dangerous to civilians. that of course is prohibited. “It is against the law of land warfare to employ WP against personnel targets.timesonline.” November 22. to admit to having deployed it. Submitting to the jurisdiction of the ICC would limit the use of white phosphorus. rather than poisoning them. which the US white phosphorus is both incendiary and toxic. And 8 (2) (b) [18] (xviii) Employing asphyxiating.” it alleges. In the Battle Book published by US Command and General Staff College at Fort Leavenworth. in other words. Catherine Philp [“Prosecutor looks at ways to put Israeli officers on trial for Gaza 'war crimes'” The Times. that white phosphorus is a chemical Iraq. but was forced Now. has told The Times that he is examining the case for Palestinian jurisdiction over alleged crimes committed in Gaza. weapon These types of weapons are prohibited by the Rome Statute in articles: 8 (2) (b) [17] (xvii) Employing poison or poisoned weapons. has not signed. … These reports of possible WP chemical weapon attacks spread quickly … hundreds of thousands of Kurds fled from these two areas”(6). Israel initially denied using the controversial weapon. and titled “During the brutal crackdown that followed the Kurdish uprising. “A War Crime Within a War Crime Within A War Crime. As Peter Kaiser of the Organisation for the Prohibition of Chemical Weapons told the BBC last week. George Monboit [Visiting Fellow of Environmental Science Oxford. The alleged crimes include the use of deadly white phosphorus in densely populated civilian”(5) Last night the a declassified document from the US Department of Defense. dated April 1991 [reads].AVHS THEIS THE WAR MACHINE J/F 09 WHITE PHOSPHORUS [1/2] A. which causes horrific burns. are specifically intended to be used as a weapon. But the caustic properties. my correspondent David Traynier found the following sentence. -3- . its prosecutor said that it was unable to take the case because it had no jurisdiction over Israel.”(4) The US army knows that its use blogger Gabriele Zamparini found “Possible use of phosphorous chemical”.>] The Pentagon argues that white phosphorus burns people. 2005. When Palestinian groups petitioned the ICC this month. “If … the toxic properties of white phosphorus. Luis Moreno-Ocampo. Kansas. <Monbiot. because … any chemicals used against humans or animals that cause harm or death through the toxic properties of the chemical are considered chemical weapons. possibly as a weapon is illegal. The WP chemical was delivered by artillery rounds and helicopter gunships.ece] The [ICC] International Criminal Court is exploring ways to prosecute Israeli commanders over alleged war crimes in Gaza. court. “Iraqi forces loyal to President Saddam ((Hussein)) may have used white phosphorous (WP) chemical weapons against Kurdish rebels and the populace in Erbil … and Dohuk provinces. White phosphorous is a chemical weapon employed by the United States that is illegal. The Pentagon is in no doubt. poisonous or other gases The ICC has shown interest in investigating the use of white phosphorus. 1. the eyes and the lungs.

There are other.. One resident told him the US used "weird bombs that put up smoke like a mushroom cloud" and that he watched "pieces of these bombs explode into large fires that continued to burn on the skin even after people dumped water on the burns. killing innocent civilians.AVHS THEIS THE WAR MACHINE J/F 09 WHITE PHOSPHORUS [2/2] The U."… Contrary to what was said by the U. white phosphorus was not used in the open field to illuminate enemy troops. -4- . There have also been claims that in the minutiae of the argument about the use of WP. it should build relationships with these countries.. of civilians from Fallujah suffering burn injuries. If the US uses these weapons in civilian neighborhoods. U. doctor who had remained in the city to help people. Kathy Kelly. He wrote: Bogert is a mortar team[s] leader who directed his men to fire[d] round after round of high explosives and white phosphorus charges into the city Friday and Saturday. said: "If the US wants to promote security for this generation and the next. that many victims had large burns. tracer was used.. a campaigner with the anti-war group Voices of the Wilderness. was used in a massive and indiscriminate way in districts of Fallujah. now an outspoken critic of the war. that melt people's bodies down to the bone. never knowing what the targets were or what damage the resulting explosions caused. For instance. it will leave these people seething and It will galvanize the insurgency putting America at risk. in fact it melts the flesh all the way down to the bone . In the days that followed. 2005] The RAI film said civilians were also victims of the use of W[hite] P[hosphorus] and reported claims by a campaigner from Fallujah.. Phosphorus burns bodies. says: "I heard the order to pay attention because they were going to use white phosphorus on Fallujah." The doctor said he "treated people who had their skin melted" Jeff Englehart. Reporter Darrin Mortenson wrote of watching Cpl Nicholas Bogert fire rounds into Fallujah. Dahr Jamail. November 15. independent reports an unembedded reporter who collected the testimony of refugees from the city spoke to a encountered numerous reports of civilians suffering unusual burns. Mohamad Tareq. In military jargon it's known as Willy Pete . Fallujah and Some Burning Questions” The Independent.S. a former marine who spent two days [was] in Fallujah during the battle. We should think on this rather than arguing about whether we can squeak such weapons past the Geneva Conventions and international accords. I saw the burned bodies of women and children. satellite images showed Fallujah burned out and razed to the ground. The report claimed that the clothes on some victims appeared to be intact even though their bodies were badly burned.S. WP a chemical agent. In the RAI film. Mr Englehart. Andrew Buncombe and Solomon Hughes [“The Fog of War: White Phosphorus. a broader truth is being missed.S. State Department. For this. has used white phosphorus as weapon."… Another Firsthand account from the battlefield was provided by an embedded reporter for the north country news a San Diego newspaper . said he heard the order go out over military communication that WP was to be dropped.

"wind-corrected" court from pursuing Britons. which ideologues in the Bush administration are trying sedulously to subvert. the doctrine of command responsibility is unlikely to implicate British officers even if US forces are accused of war crimes. 4 and 20. Kenneth Roth [The Guardian (London). (The UN Security Council can also refer cases. Blair must lay down the law on key human rights principles. it would be the first British military action to be subject to ICC scrutiny. for example. They can kill and maim civilians long after the fighting has ended. In Afghanistan. A typical cluster bomb is a container that opens in mid-air and scatters up to 200 bomblets over an area the size of half a soccer field. Rather than trying to appease Washington. the Pentagon be attentive to conduct that could result in warcrimes charges. -5- . The weapon most likely to produce such harm is the cluster bomb. should war erupt in Iraq. form. 3. Blair should be pressing Bush to support key human rights principles. the provision of the ICC treaty outlawing attacks on military targets that cause "clearly excessive" harm to civilians. American attention to British concerns about avoiding criminal liability. The Pentagon detests the ICC and wants to deny it any operational impact. The ICC thus could prosecute British forces for war crimes committed in Iraq. cluster bombs are not precision weapons. Even in their new. In recent wars. That is especially so if they do not learn lessons from recent wars and take corrective steps. Undoubtedly. A court conceivably could find that the use of cluster bombs in such circumstances is a war crime.sometimes substantial casualties . But the price of British participation in a possible war should be. according to deminers. war crimes. The British government has every right to insist that in any joint venture. the number was as high as 20 percent. US forces have made mistakes and even violated international humanitarian law but have not committed war crimes. but Britain and the entire European Union are. 2002. even though American forces would be exempt. Still.are foreseeable. These unexploded bomblets function as highly volatile anti-personnel landmines.] The Blair government has also been busy making concessions on the new International Criminal Court (ICC). this permanent tribunal for genocide.) Neither the United States nor Iraq is among the 81 governments that have ratified that treaty so far. Britain signing resulted in Tony Blair asking the military not to use cluster bombs. American and British forces might fall foul of. October 22. Both Britain and the United States have cluster bombs. Having taken legal effect on July 1. Tony Blair should insist that neither British nor troops [don’t] use cluster bombs in Iraq. The lack of ICC jurisdiction over American partners in that enterprise would not preclude the it is possible that. at the very least. Because no one expects British generals to lead a possible war in Iraq. or at least nowhere near civilians. but even this limited oversight is significant. The ICC would act only if British authorities were unwilling or unable to seek justice. Law: Fight the good fight: Before joining the US in a war on Iraq. or crimes against humanity can exercise jurisdiction if such crimes are committed by a national or on a territory of a government that has ratified the court's treaty. If America and Britain were to go to war against Iraq. and 8 (2) (b) 1. American of the ICC.AVHS THEIS THE WAR MACHINE J/F 09 CLUSTER BOMBS [1/2] 2. But that is no longer an option for Britain. British troops could be accused of aiding and abetting war crimes or participating in a joint criminal enterprise. 2. Compounding the problem is that many bomblets fall to the ground without immediately exploding. Cluster bombs fall under the jurisdiction of the ICC. That increases the chances that a court would find the civilian harm caused by cluster bombs to be clearly excessive. But if the conduct at issue is a foreseeable part of US policy that Britain helps to implement. the Pentagon will kick and scream at this invocation Cluster bombs violate articles 8 (2) (a). If used where civilians are present. To avoid potential ICC prosecution of Britons. the size of the area they attack and the difficulty of directing them reliably mean that civilian casualties . The criminal liability of its troops is now on the line.

because of their enormous footprint and because of each small bomb's terrific destructive power. "bombing from medium or high altitudes had a significant impact on both cluster bomb accuracy and reliability...[the] civilian deaths raise the question[] whether. however. secondary fuzes.000 feet (12. biological weapons.) or above to avoid the Serb anti-aircraft batteries.000 pieces of shrapnel of the two hundred or more bomblets that a single cluster bomb releases: n73 " -6- ." so called because a single dispenser can spread its cluster bombs over a huge area. six of an F-15E fighter's load of twelve CBU-87Bs n61 can be set (1) to create "salvo" fire.195 m. A cluster bomb consists of a great number of small. five to thirty percent of the small cluster bombs are duds.. who happen to be unlucky enough to fall within the trajectory of the over 55.. Not only was there a greater dispersal pattern for the submunitions than was intended with low altitude delivery. which can n32 If dropped on a military target in a populated area. cluster bombs. cause physical injury at especially long distances. Except for nuclear weapons. Secondly. submunitions with high tech arming mechanisms. or otherwise wound a large number of innocent civilians. n31 Each of the small bombs contains over a hundred tiny pieces of shrapnel. for example. Thomas Michael McDonnell [Associate Professor. Since the small cluster bombs often look like toys. children tend to pick them up. women. maim.573 m. and ballutes. Dropping the bombs from great altitude. that a single bomb can cover. 2002] Cluster bombs endanger the civilian population in two principal ways. almost certainly will kill.).. "pilots' ability to properly identify. It is also sophisticated given its several components: dispensers that can be set at various rates of spin and programmed to release at a designated altitude. making a footprint from nearly two to nearly seven and one half football fields n62 (concentrating the six CBUs on a single spot). or (2) to create "ripple" fire making a footprint from nearly four football fields to more than eleven football fields (essentially dropping the six cluster bombs end-to-end in a straight row). n33 n34 The U. the passage of time makes the cluster bomb more dangerous.62 sq. from one to five football fields. as the fuzing mechanism deteriorates.000 feet (4. increases the risk of missing the target. n68 ng n67 Although the bombs can also be delivered by missiles. a slight vibration can detonate them.000 feet or higher during the Kosovo conflict endangered civilians. “Cluster Bombs Over Kosovo: A Violation of International Law?” Pace Law Faculty Publications. n69 the cluster bomb is perhaps more dangerous to civilians than any other weapon in modern warfare. often resulting in death or amputation. or [*49] artillery. but pilots were outside the range needed to make sighting correction or assess damage. and poison gas. Since." n7 [*50] Cluster bombs used in Serbia and the Kosovo Province are both sophisticated and dumb. contained within a large canister or dispenser. men. they were delivered only by aircraft in Yugoslavia . “Cluster Bombs Over Kosovo: A Violation of International Law?” Pace Law Faculty Publications. however. It is a sophisticated weapon in the sense that the designers have taken the simple concept of a hand-grenade and in a single bomb have created a weapon thousands of times more powerful. Pace University School of Law. In Desert Storm. But they can remain dangerous years after launch. n72 Given the huge area n71 these weapons pose enormous risks to noncombatants.. n63 Bomb and mine clearance crews in Kosovo note that create the footprint CBU-87Bs is typically a square kilometer (.flying at high altitudes may have contributed to these civilian deaths by precluding proper target identification. or nearly nineteen football targets was so important to avoid civilian casualties. rockets. Unlike earlier cluster bombs. and children. 2002] For example. mile).. but extraordinarily powerful [*42] bombs." The evidence is unclear whether flying at 15. the CBU-87B can be dropped from as high as 40. It is dumb in the sense that the submunitions or bomblets used in the former Yugoslavia could not be aimed at a target independently. At least in some models.’s cluster bomb technology is particularly devastating and arbitrary Thomas Michael McDonnell 2 [Associate Professor. n66 In the Serbia/Kosovo conflict. n30 The cluster bomb is an "area weapon. the bombers generally flew at altitudes of 15. Pace University School of Law.S.AVHS THEIS THE WAR MACHINE J/F 09 CLUSTER BOMBS [2/2] Cluster bombs wreak havoc on innocents and kill indiscriminately. THEIS THE WAR MACHINE J/F 09 DEPLETED URANIUM [1/2] 3. http://www.iacenter. Submitting to the ICC would eliminate the use of depleted uranium weapons. wh ile the use of Depleted Uranium weapons are prohibited acts of war under all five categories Depleted uranium weapons are also illegal under article 8 (2) (b) [4] (iv) “Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread. use of asphyxiating. How the Pentagon Radiates Soldiers & Civilians with DU Weapons Chapter 11. or tactics iii. Benno Aichele and Andrew Nye [Metal of Dishonor: Depleted Uranium. use of weapons or tactics which cause unnecessary or aggravated devastation or suffering.. including bacteriological methods of war. Article 8 (2) (a) bans any practice made illegal by the Geneva Convention of 1949. The use of cluster bombs are prohibited acts if war under i and ii above. use of weapons which or tactics which cause widespread.” -7- . poisonous or other gas. i.htm. and the Nuremberg Charter of 1945 have i. including the Hague Conventions of 1899 and 1907. which violate the neutral jurisdiction of nonparticipating states. use of weapons or tactics iv. long-term and severe damage to the environment. DU weapons qualify. and all analogous substances v. International Action Center] the Geneva Conventions of 1925 and 1949 affirmed that the following acts are prohibited under international law: Subsequent agreements. to noncombatants. long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated. use of weapons ii. Use of Illegal Weapons. which cause indiscriminate harm. Depleted uranium weapons are illegal under the Rome Statute.

Wind and people walking through it also easily disperse the depleted uranium dust. and a number of news reports. it is enough to kill them all. This dust is a predominant byproduct of military use of depleted uranium. Japanese and Dutch soldiers sent to join the occupation. but also because they have been there a lot longer than during the Gulf War. Nevertheless. at least of Iraqi cancer patients are children under the age of 5.. 2006] The Pentagon has been using radioactive weapons for at least a decade and a half with full complicity of at least three White House administrations and Republican and Democratic 300 tons and 1. or 150. the Pentagon used its radioactive arsenal mainly in the urban centers. Depleted uranium is a waste product of uranium enrichment for nuclear reactors and is about 60 percent as radioactive as naturally occurring uranium. exposures in uranium mines or nuclear reactors . This is about 70 grams of depleted uranium per Iraqi citizen. is un-American. have reported that birth defects and cancers in Iraqi children have increased five. War Syndrome as a result of depleted uranium Hundreds of thousands of our troops will come down with Gulf poisoning. according to sporadic 10-fold since the 1991 Gulf War and continue to increase sharply. Iraqi and visiting doctors.S. military has found a way to get this stuff off their hands cheaply. Children are especially vulnerable because they tend to play in areas that are heavily polluted by depleted uranium . along with British. The nuclear industry must be very pleased the U. especially when our troops used and continue to use most of the depleted uranium munitions in densely populated areas such as Baghdad and Fallujah? Depleted uranium has a half-life of billions of years. and a crime against humanity. not only because a lot more depleted uranium has been used and continues to be used. The continued use of depleted uranium harms our own troops and innocent civilians exposed to our war machine. to over 30-fold in some areas in southern Iraq.AVHS THEIS THE WAR MACHINE J/F 09 DEPLETED URANIUM [2/2] Depleted uranium weapons have already killed tens of thousands of innocent civilians and American soldiers alike. January 22. rather than in desert battlefields as in 1991. We need a worldwide ban on depleted uranium use. Depleted uranium is considered weakly radioactive. respectively. soldiers. Currently. Depleted uranium is really a misnomer. Upon impact. Our troops in Iraq will be severely affected by this radioactive war. in contrast to. Many hundreds of thousands of Iraqi people and U. depleted uranium is considered nuclear waste and has to be disposed of accordingly. -8- . Veterans' children are now also born with higher proportions of birth defects and other genetic disorders. Research reports have found that when depleted uranium is ingested or inhaled. As described by a report of the World Health Organization Depleted Uranium Mission to Kosovo. Consequently. it can cause cancers and birth defects. Iraq will be a wasteland forever and essentially uninhabitable for anyone. because the potentially harmful effects are by no means depleted." Most of the ailments characteristic of Gulf War Syndrome are consistent with U. This aerosolized uranium "dust" is the most harmful component because it can easily be ingested or inhaled. War Syndrome. they contaminate the entire theater of war. Is this not radioactive genocide. uranium can be found in rocks and soil and contributes to natural background levels of radioactivity. for example. Conservatively. and thousands will die from it. It has considerable heavy-metal toxicity. Thousands of their children will be born with genetic diseases. because of its high density. depleted uranium is used in armor-piercing ammunition and as reinforcement against conventional weapons. which is expensive and a potential environmental hazard.000.S. cancers and birth defects. After the 1991 Gulf War. As stated in the WHO report.S. The Pentagon continues to deny the harmful effects of depleted uranium or its role in Gulf War Syndrome. up from 13 percent.700 tons of depleted uranium were used in the Gulf War and the current Iraq War. about 1 in 4. Abel Bult-Ito [“Nothing depleted about 'depleted uranium'” Global Research. and if inhaled or ingested. veterans came down with what is referred to as "Gulf radiation or heavy-metal poisoning. more than 50 percent congressional legislators. will suffer the consequences. and 10 to 35 percent of it becomes aerosolized. Polish. In this year's war on Iraq. the depleted uranium fragments burn at intense heat. DU weapons are indiscriminate.

In fact. Donald H. And even if Lockheed Martin cuts some overhead costs by closing factories and laying off workers. Foreign Policy in Focus [“New Military Mega-Companies: Corporate Interests or National Interests” June 2002.3 million to $26." Cohen said.] In reality. and much more politically powerful corporate military sector.S. So. Former vice president Dick Cheney's efforts as defense chief under the first President Bush. -9- .000 employees. leaves a huge "political footprint" that gives the company immense clout on Capitol Hill. because the Department of Defense has so few options left when it comes to purchasing a major weapons system. In 1997 the top six U. former Republican senator from Maine who was Defense secretary in the Clinton administration.AVHS THEIS THE WAR MACHINE J/F 09 MILITARY RESISTANCE [2/2] B. 1. a company like Boeing. by a margin of $32. Similarly.S. congress refuses to cut almost any weapons system.000 jobs in my state.4 million in contributions to contractors spent candidates and political parties. while it may never provide lower weapons prices for the Pentagon. defense industry. I can't go along with that. March 17. he added. of Congress may say. and Z.15 ast but not least. The Boston Globe. from 1991 to 1997. The power of defense contractors has made weapons regulation impossible. after the Lockheed/Martin Marietta merger was consummated. an Army artillery system. His predecessor. 'It's great that you are recommending the termination of X.' " Major is in a state of considerable weapons cuts could be an even tougher sell now. Cohen. said in an interview. considerably meaner. the tobacco lobby. "Even though members Gates is not the first secretary to try to change military priorities. "There are so many people employed in the industry and they are spread across the country. and running ads touting company products in Capitol Hill publications. and Capitol Hill. but four times. In addition to these hefty campaign donations. Cheney canceled the Marine Corps' troubled V-22 Osprey aircraft not once." William S. are cited as a case study in the resistance of the military.9 million. as a result our arsenal is bloated with expensive and useless systems. only to see Congress reverse the decision. the 1990s bout of government-backed the military industry has accomplished one thing: it has resulted in a slightly leaner. Lockheed Martin put out a slick brochure that bragged openly about its "facilities in all 50 states. there is no guarantee that the same company that brought us the $600 toilet seat in the 1980s and pioneered in the arts of bribery and influence peddling in the 1970s is going to pass on its savings on overhead to U. producing slick materials to present to Congress. and Lockheed Martin was "leader of the PACs" among weapons contractors (see Figure 6). taxpayers. as research by Harvey Sapolsky of MIT has demonstrated . Frankly.' they will also say 'that means 4. meanwhile. As John Pike of the Federation of American Scientists has noted. Y. The defense industry is too powerful on Capitol Hill. Domestic solutions do not solve without external pressure. sought to retool the military but succeeded in cancelling only one major project. America’s six biggest defense $51 million on lobbying over the past two years . which since "merger mania" in its absorption of McDonnell Douglas has over 250. military companies spent over $2. the Pentagon has not shut down a single major weapons production line since the end of the cold war. defense companies made more political donations than those other well-known merchants of death. These lobbying funds go for items like the consolidation of the weapons sectors gives arms companies greater leverage over the Pentagon. "When you start talking about [in] an economy that turmoil it becomes even more difficult. 2009 Rumsfeld."14 The geopolitical reach of the new defense megafirms has been reinforced by millions of dollars in campaign cash. an astonishing maintaining armies of lobbyists and PR people in Washington.

troops and families may be trapped by collective group think in the MoD "that DU is safe". If my analysis is even partly correct then your military commanders are likely to be well aware of these Uranium weapons and becoming aware of their consequences for UK troops. Ask your commanders and troops. Dai Williams [ Weapons researcher“Uranium weapons & US war plans .htm] Group Think in the US Government explaining the Bay of Pigs fiasco. The US and UK military and arms industry demonstrate collective group think [about] in justifying and keeping secret the development and international proliferation of Uranium weapons over the past 10 years. Groupthink prevents those in charge from realizing the real harm of the tactics we employ.AVHS THEIS THE WAR MACHINE J/F 09 MILITARY RESISTANCE [2/2] 2. public assurances by Mr Hoon and Dr . However Moonie.10 - . The SAS and Marines recently assigned to heavily bombed locations in Afghanistan are at highest risk unless they had full NBC protection all the time. The US Government displays all the symptoms of Group Think in its approach to the war on terrorism and plans for You In 1977 Yale psychologist Irving Janis identified a syndrome called and your colleagues may wish to be alert to dangers of group think too. that stifle internal dissent and demonise outsiders. official secrecy.stopnato. and officers. This concerns selfjustifying illusions that develop within highly stressed groups -illusions of invulnerability and of morality that lead to extreme risk taking.Warnings to the UK Government” 13th November 2002

295 Although there can be no definite answer concerning deterrence until the ICC is given the opportunity to work. Rev. 927 NOTE: THE PURSUIT OF JUSTICE AND ACCOUNTABILITY: WHY THE UNITED STATES SHOULD SUPPORT THE ESTABLISHMENT OF AN INTERNATIONAL CRIMINAL COURT] Evidence clearly indicates that the armed forces of many countries already take humanitarian laws [the ICC] it establishes very seriously. a permanent ICC would likely have a deterrent effect because the ICC [it] would have a fixed staff capable of professionally and quickly addressing worldwide situations as they occur. This would further deter government leaders from authorizing or knowingly or negligently allowing the systematic use of torture and ill treatment The [DOJ] Department of Justice. Empirically other nations have changed their military tactics in response to joining the court. 294 Many modern armed forces are determined. 296 3. 2007] if the United States had been a party to the Rome Statute from the date of its entry into force on July 1. slavery. The British [*974] army has revised its manuals to reflect these recent developments in the area of international law. Leading government officials. and punishment by the ICC. Therefore. O'Connor [1999 Hofstra Law Review Summer. [“Playing by Our Own Rules: How U. 1. The recently revised Restatement [of Foreign Relations Law of the US] acknowledges two categories of such norms: "the principles of the United Nations Charter prohibiting the use of force. This awareness would reverberate throughout the public sphere. Nicole Deller [Arjun Makhijani. including the President . who have authorized or knowingly or negligently allowed the systematic use of torture and ill treatment would be vulnerable to indictment.Our conclusion is strengthened when we consider those few other norms that arguably do meet the stringent criteria for jus cogens. through these manuals and training. to influence their soldiers conduct in wartime and to deter these atrocities. 2002. are thoroughly briefed and given cards that detail the rules of war. Rule of Power or Rule of law. 293 All British soldiers. appellants conclude that 2. and racial discrimination. Marginalization of International Human Rights Law Led to Torture” Harvard Human Rights Journal Vol. Gerard E. Imagine the situation international law and that they had renewed their commitment to such law when they ratified the Rome Statute. which are binding and must be incorporated into domestic law.[and] war crimes. it is clear that numerous massacres occurred this century without an ICC in place. Joining the ICC would force us to forgo the use of illegal weapons. 2002] the rules binding parties who have submitted to an international court constitute peremptory these norms are absolutely binding upon our government as a matter of domestic law as well .S. legislation presumably enacted for the purpose by Congress. murder. Jamie Mayerfeld explains using the example of torture. Some argue that norms." and fundamental human rights law that prohibits genocide. These laws are binding. the [that] knowledge that such behavior would make leading government officials vulnerable to prosecution would be a powerful disincentive to engage in the behavior. The rules of the ICC constitute peremptory norms. The threat of prosecution will deter us from engaging in illegal activities. 20. prolonged arbitrary detention. reminding citizens and elites that torture and ill treatment are [is a] crime under “The torture outbreak shows why the United States should join the International Criminal Court. It would encourage them to carefully examine serious allegations that leading government officials had committed war crimes and crimes against humanity. torture. armed with empowering launch effective investigations into such allegations so as . Because such peremptory norms are nonderogable and enjoy the highest status within international law. crimes against humanity.AVHS THEIS THE WAR MACHINE J/F 09 SOLVENCY C. prosecution.. before being sent outside the United Kingdom. and John Burroughs.269 If the United States had ratified the Rome Statute.11 - . would be poised to to forestall the complementary jurisdiction of the ICC.. 1999 27 Hofstra L.

Smokescreens generated by smoke artillery can be deployed more easily over a wider area than white phosphorus with no risk of fires or burns to civilians. is less likely to harm civilians because the burning wedges stay more contained. 2009. . Alternative weapons are available that produce the same tactical advantage as white phosphorus without causing indiscriminate harm to Even if Israeli soldiers or armor in need of cover had been on the ground in the areas where white phosphorus was used. Human Rights Watch [“Rain of Fire: Israel’s use of White Phosphorous” March 26. Juliet Lapidos What's So Great About White Phosphorus? Why an army might use a weapon that gets human rights groups upset. March 27.reliefweb. targeted properly. at 6:15 PM ET Slate. the chemical serves as a particularly efficient masking agent because it works so quickly—bursting into thick.12 - . if smoke-screening was the intended aim. While smoke shells do not block infra-red optics and weapon-tracking systems. airbursting the munition creates a less effective smokescreen than ground-bursts because the smoke is more widely dispersed. obviating the need to block night White phosphorus. http://www. White phosphorus is used mainly to obscure the enemies view and aid troop movements. Posted Friday. the IDF consistently used white phosphorus during the day. known in martial circles as "Willy Pete. then manufactures such shells.nsf/db900SID/MYAI-7QF7GQ?OpenDocument] the IDF possessed alternatives to the highly incendiary white phosphorus. billowing clouds in just a fraction of a second. which produce the equivalent visual screening properties without the incendiary and destructive effects. white." may cause horrific burns when used as a weapon (click here for a gruesome visual and here [PDF] for a report on its health effects). Ground-burst white phosphorus. and Human Rights Watch found no evidence that Hamas fired anti-tank guided missiles. namely. but it'[I]s primarily deployed as a smoke screen. 155mm smoke projectiles. Israel Military Industries (IMI) In all of these cases. When packed into munitions. 2009. Using the example of Israel in Gaza.AVHS THEIS THE WAR MACHINE J/F 09 FL: WHITE PHOSPHORUS A2: WP has a legitimate tactical use.

“Cluster Weapons: Necessity or Convenience?” Pax Christi. It has been pointed out by many that military operations likely to be encountered today actually demand reliable and precise weapons. to be “unaffordable” . Nope. www. Technical upgrades to cluster weapons. A large number of the 56 countries that according to a Human Rights Watch Survey of 2002 have stockpiles of cluster weapons. Even the countries that use them think they are terrible they only use them because they are cheap. At the same time a significant number of countries perceive the military utility of specific cluster weapons in armed conflicts they anticipate to be negligible or limited.AVHS THEIS THE WAR MACHINE J/F 09 FL: CLUSTER BOMBS A2: Cluster bombs are very effective.sipri. and the use of alternative precision-guided single-weapons provide a partial solution to the humanitarian problems caused by the use of cluster weapons.pdf/download] Continued high military utility of cluster weapons is put forward by many states as a reason against international restrictions or prohibitions. can be expected to perceive technological improvements and alternative weapons.13 - . not unreliable area-attack cluster _weapons.even if measured against the military drawbacks of older types of cluster weapons. often not produced within their countries. such as improved fuzing and guidance systems. Also the political need to procure and use weapons that minimize the occurrence of duds and collateral damage can be expected to be minor in most of these countries. Reinhilde Weidacher [et al. .

But most casualties will be caused in battle. which fired some 75 tonnes of DU during the recent Iraq conflict. Maryland. While many will welcome an alternative to DU. says it can get comparable performance from penetrators made of an exotic alloy of tungsten. questions remain over the safety of tungsten. Instead of such a metal.14 - . Fragments of tungsten embedded in flesh have been shown to cause tumours by Alexandra Miller and her colleagues at the Armed Forces toxicity of tungsten when inhaled is believed to be much lower than that of uranium or lead.AVHS THEIS THE WAR MACHINE J/F 09 FL: DEPLETED URANIUM A2: DU weapons are effective There are safe alternatives to DU available. tungsten is not radioactive like DU. the health hazard from any of these things is being hit by one. he says: "The most obvious Radiobiology Research Institute in Bethesda. The new contract is for a test batch of 30-millimetre ammunition of the type used Now by American A-10 "tank buster" aircraft. Normally. as in a glass or liquid. an R&D company based in Tampa. president of Liquidmetal's defence arm. "Clearly. the company wants to use an amorphous alloy that has a random arrangement of atoms. 30 July 2003] Liquidmetal Technologies. which tends to fracture along the boundaries between them. Amorphous tungsten alloy has many of the properties that make DU such an effective penetrator: it is self-sharpening and it should also be pyrophoric." . so there is no hazard from radioactivity. says Steve Collier. director of the Royal Society's Science Policy Group. The size of the crystals affects the properties of the material. David Hambling [“Safe' alternative to depleted uranium revealed” New Scientist. Florida." says Peter Collins. solid metals are a lattice of tiny crystals. However.