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War Crimes ActGaza/Hamas

WarLaw


by Charles Judson Harwood Jr.


Silver bullet

A pledge card, for U.S. election candidates.

CJHjr, Nov. 6 2006

A nation which takes its punishment in court has nothing to fear in its streets.

CJHjr, March 11 2005

“ I can hear the chink, of cold steel on granite, as Tony Blair’s epitaph is chiseled. And it says, “Iraq.””

Matthew Parris, Dec. 25 2004

What John Kerry should say, and do.

CJHjr, Sept. 28 2004

9/11-03

A just society has no occasion to fortify itself, against its admirers. But a powerful violent bully, above the law, beyond reach and restraint of peaceable remedies in any court, fills hearts with hated, rage, and revenge.

CJHjr, Sept. 11 2003

Israel:

Bombing Iran's IAEA safe-guarded nuclear facilities

Prosecuting U.S. complicity in Israel settlement confiscations

The Israel Lobby and U.S. Foreign Policy, Mearsheimer/Walt’s book, interviews, speeches, remarks, comment, context (video/audio/print).

Palestine Peace Not Apartheid, Jimmy Carter’s book, interviews, speeches, remarks, comment, context (video/audio/print), by month, 2006: 1+, 11, 12, 2007: 1, 2, 3, 4, 5, 6 (continued in the Mearsheimer/Walt book pages, above).

U.S.-Israel war, on Gaza, Palestine, Lebanon: Blockade, targeting, capture, reprisals, self-defense.

Iran:

Iran nuclear (uranium enrichment): Resolutions, hearings, bills, reports, sanctions (linked, challenged): Timeline (video/audio/print), U.S. Congress committees, resolutions, war power, U.N. IAEA, Security Council, analysis.

Iraq:

Iraq WMD War: Timeline (video/audio/print): 2002, 2003, 2004, 2005-2006, 2007.

David Kay Senate transcript: Did Iraq have WMD? (SASC, Jan. 28 2004), linked and challenged.

Charles Duelfer Senate transcript: Did Iraq have WMD? (SASC, Oct. 6 2004), linked and challenged.

WMD found in Iraq

U.K. Attorney General’s legal opinion: Iraq war

Iraq attack: How to supplement the U.S. budget {100 kb} (Pre-war: Occupation costs, oil, U.S. military dictatorship, U.N. role)

Ultimatum: The Bush/Blair lie: France’s veto {175 kb} (March 10-20 2003)

WarTalk-1 {300 kb} (March 20 – April 14 2003: Combat)

WarTalk-2 {100 kb} (April 14-18 2003: Combat/occupation)

The pretexts for war: WMD + France’s veto {200 kb} (Hutton Inquiry)

National Intelligence Estimate (Oct. 1 2002), excerpts released July 18 2003

Henry Waxman’s letter to Condoleezza Rice {100 kb} (July 29 2003)

Hutton Report: Exemplifying zealotry (in progress)

Clare Short (formerly U.K. International Development Secretary), interviewed by John Humphrys on BBC Radio 4, Today (Feb. 26 2004, 8:10-8:22 a.m.) {transcript, transcript, audio} and by Jeremy Paxman on BBC Newsnight (Feb. 26 2004, 10:00 p.m.) {transcript, video} (U.S./U.K. bugging the U.N. Secretary-General, Hans Blix, and those nations supporting his WMD inspections) (NSA bugging email). “If only they had listened to what we said!” Hans Blix.

The torture memo: “Standards of Conduct for Interrogation under 18 U.S.C. §§ 2340-2340A”: Annotated, linked, and challenged (Jay S. Bybee, U.S. Department of Justice, Office of Legal Counsel, August 1 2002, Memorandum for Alberto R. Gonzales, Counsel to the President): Prisoner abuse on orders, by U.S. forces {500 kb}

Congressional hearings, debates, transcripts, Congressional Record, video, press, links: Robert M. Gates, John Bolton, John Negroponte, Alberto Gonzales, Condoleezza Rice, War Crimes Act, Iraq WMD war, Iran.

“Saddam was a bad man”: The post-war pretext for war {to come)


11/22-03

In memoriam: Two Diem brothers: disobedient puppet dictators, felony-murdered by two Kennedy brothers (Saigon, Nov. 2 1963).

CJHjr, Nov. 22 2003

Vietnam:

CIA/DoD Phoenix Program: Targeting non-combatants (civilians); torture and murdering prisoners; arrest, imprisoning, terrorizing political opponents. Also: Pacification, unilateral operations, exit strategy, rigged elections, puppet government:

Vietnam: Policy and Prospects, 1970 (Senate Foreign Relations Committee, Hearings, Feb. 17, 18, 19, 20, and March 3, 4, 17, 19, 1970, Appendix)

National Veterans Inquiry on U.S. War Crimes in Vietnam (Citizens Commission of Inquiry, Washington D.C., December 1, 2, 3, 1970), transcript, 117 Congressional Record 4238-4271 (U.S. Congress 92-1, March 1 1971). {600 kb}

American Prisoners of War in Southeast Asia, 1971 (House Committee on Foreign Affairs, Subcommittee Hearings, March 23, 24, 25, 30, 31, April 1, 6, 20 {vvaw}, 1971). Witness: Larry Rottmann (Vietnam Veterans Against the War), April 20 1971, pages 406-423.

House Ad Hoc Hearing for Vietnam Veterans Against the War (April 23 1971), transcript, 117 Congressional Record 13104-13118 (U.S. Congress 92-1, May 3 1971).

Senate Ad Hoc Hearing for Vietnam Veterans Against the War (April 23 1971), transcript, 117 Congressional Record 15392-15405 (U.S. Congress 92-1, May 17 1971).

U.S. Assistance Programs in Vietnam (House Government Operations Committee, Subcommittee Hearings, July 15 {a.m., p.m.}, 16, 19, 21, and August 2, 1971)

Nomination of William E. Colby to be Director of Central Intelligence (Senate Armed Services Committee, Hearings, July 2, 20 {a.m., p.m.}, 25, 1973)

Harassing political opponents:

United States v. Brett A. Bursey (D.S.C., No. 03-CR-309) {200kb.html}, criminal information filed March 7 2003, jury trial denied June 4, bench trial Nov. 12-13 2003, verdict Jan. 6 2004: guilty, $500 fine (Bristow Marchant, U.S. Magistrate Judge), district appeal docketed Jan. 13 2004, affirmed Sept. 14 2004 (Cameron McGowan Currie, U.S. District Judge), circuit appeal docketed Oct. 7 2004, affirmed July 25 2005 {64kb.pdf, 64kb.pdf}, rehearing denied Sept. 8 2005 (4th Cir., No. 04-4832), petition for certiorari docketed Dec. 14 2005, certiorari denied Jan. 17 2006 (U.S., No. 05-767). (“No War for Oil”). Trial reports, articles, and links to other protest zone cases on the Docket sheet page. Also links to other types of harassment cases (no fly list, fines for foreign travel). Brett Bursey

Political prisoners (links to petitions and briefs):

Guantanamo Bay (foreigners): Al Odah v. United States (12 Kuwaiti nationals) {82kb.html, 111kb.pdf, 111kb.pdf}, consolidating Rasul v. Bush (2 U.K. nationals, 1 Australian) and Habib v. Bush (1 Australian), 321 F.3d 1134 (D.C. Cir., No. 02-5251, March 11 2003), rehearing denied without opinion June 2 2003, certiorari granted {24kb.html, 81kb.pdf} Nov. 10 2003, consolidating Rasul (including Habib) (U.S., No. 03-334) and Al Odah U.S., No. 03-343), oral arugment April 20 2004 {163kb.pdf}, reversed (June 28 2004) {521kb.pdf}. The U.S. released {copy} five U.K. nationals, previously described by George W. Bush as “dangerous and guilty,” four of whom then sued Donald Rumsfeld and others, for damages (Shafiq Rasul, Asif Iqbal, Rhuhel Ahmed, Jamal Al-Harith): Rasul v. Rumsfeld, filed Oct. 27 2004 {199kb.pdf, 1625kb.pdf} (D.D.C., No. 04-CV-01864, Judge Ricardo M. Urbina). Gherebi v. Bush (Libyan national Salim Gherebi, named Falen Gherebi in court papers) {typewritten: 144kb.pdf, printed: 289kb.pdf}, 352 F.3d 1278 (9th Cir., No. 03-55785, Dec. 18 2003):

“Indeed, at oral argument, the government advised us that its position would be the same even if the claims were that it was engaging in acts of torture or that it was summarily executing the detainees. To our knowledge, prior to the current detention of prisoners at Guantanamo, the U.S. government has never before asserted such a grave and startling proposition.”,

stay granted, Feb. 5 2004 (U.S., No. 03A637), petition for certiorari docketed March 3 2004, certiorari granted and judgment vacated June 30 2004 {141kb.pdf} (U.S., No. 03-1245), habeas corpus jurisdiction affirmed and venue transfered July 8, 2004 {141kb.pdf}, 374 F.3d 727 (9th Cir., No. 03-55785), venue accepted Sept. 29 2004 {73kb.pdf} (D.D.C., No. 04-CV-1164-RBW).

Further Ordered  that, unless and until a competent tribunal determines that petitioner is not entitled to the protections afforded prisoners-of-war under Article 4 of the Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949, he may not be tried by Military Commission for the offenses with which he is charged. It is

Further Ordered  that, unless and until the rules for Military Commissions (Department of Defense Military Commission Order No. 1 {101kb.pdf}) are amended so that they are consistent with and not contrary to Uniform Code of Military Justice Article 39, 10 U.S.C. § 839, petitioner may not be tried by Military Commission for the offenses with which he is charged.”

Hamdan v. Rumsfeld, order, Nov. 8 2004 {157kb.pdf} (D.D.C., No. 04-CV-1519, Judge James Robertson), appeal docketed Nov. 16, expedited briefing ordered Nov. 17 (briefs due: Dec. 8, 29, Jan. 10), oral argument ordered Dec. 1 (for March 8 2005) (D.C. Cir., No. 04-5393, Judges: Arthur Raymond Randolph, John G. Roberts Jr., Stephen Fain Williams).

Navy Brig (U.S. citizens): Hamdi v. Rumsfeld {208kb.pdf}, 316 F.3d 450 (4th Cir. No. 02-7338, Jan. 8 2003), rehearing en banc denied {336kb.pdf} July 9 2003, certiorari granted {16kb.html, 46kb.pdf} Jan. 9 2004, oral arugment April 28 2004 {167kb.pdf}, judgment vacated June 28 2004 {823kb.pdf} (U.S., No. 03-6696). Padilla v. Rumsfeld, 352 F.3d 695 (2d Cir., No. 03-2235, Dec. 18 2003) {125kb.html, 34kb.html; 186kb.pdf, 78kb.pdf}, certiorari granted Feb. 20 2004, oral arugment April 28 2004 {173kb.pdf}, reversed June 28 2004 (U.S., No. 03-1027) {106kb.html, 517kb.pdf}, ensuing habeas corpus proceedings: Padilla v Hanft (D.S.C., No. 04-CV-2221, filed July 2 2004).

Should the Air Force bomb the Navy? (the food-rule)

Chagos:

Diego Garcia: The ‘criminal question’ doctrine, including:

Bancoult v. McNamara, complaint filed Dec. 20 2001, dismissed December 21 2004 (D.D.C., No. 01-CV-02629), appeal docketed Feb. 22 2005, affirmed April 21 2006, petition to rehear filed June 5 2006 (D.C. Cir., No. 05-5049), certiorari denied (U.S., No. 06-502, January 16 2007).

Escaping justice: Why the United States has a free hand to wage crimes and torts against foreigners. Are foreigners entitled to an eye-for-an-eye?

The Queen (on the application of Louis Olivier Bancoult) v. Secretary of State for Foreign and Commonwealth Affairs, [2006] EWHC 1038 (Admin) {copy} (High Court of England and Wales, Administrative Court, Case No: CO/4093/2004, May 11 2006, judges Hooper (LJ), Cresswell(J)), affirmed, Secretary of State for the Foreign and Commonwealth Affairs v. The Queen (on the application of Bancoult) (Court of Appeal, England and Wales, Case No: C1/2006/1465, May 23 2007), [2007] EWCA Civ 498 {copy}, reversed, R (on the application of Bancoult) (Respondent) v Secretary of State for Foreign and Commonwealth Affairs (Appellant), [2008] UKHL 61 {source, 278kb.pdf, bailii} (House of Lords, Wednesday October 22 2008, 9:45am), Law Lords appellate committee split decision 3-to-2: Lords Hoffmann, Rodger of Earlsferry, Carswell, dissenting, Bingham of Cornhill, Mance {related cases}.

CIA World Factbook (Diego Garcia), and criminal lies

FBI crimes and torts, Bribery

U.S.-Chile:

Gonzalez-Vera v. Kissinger, filed, Nov. 13 2002, dismissed, Sept. 17 2004 (D.D.C., No. 02-CV-2240), appeal docketed, January 27 2005, affirmed, June 9 2006, petitions to rehear and en banc denied, Aug. 17 2006 (D.C. Cir., No. 05-5017), petition for certiorari docketed, Nov. 17 2006, certiorari denied, Feb. 20 2007 (U.S., No. 06-692).

Murder of René Schneider {200 kb}, October 22 1970:

Criminal tort doctrine {400 kb}:

Schneider v. Kissinger, complaint filed Sept. 10 2001, dismissed March 30 2004, 310 F. Supp. 2d 251 (D.D.C., No. 01-CV-1902), appeal docketed May 28 2004, briefs filed, Nov. 26, Dec. 27, Jan. 10, oral argument, March 11, affirmed, 412 F.3d 190 (June 28 2005), petitions to rehear and en banc denied, Sept. 9 2005 (D.C. Cir., No. 04-5199), petition for certiorari docketed, Dec. 12 2005, certiorari denied, April 17 2006 (U.S., No. 05-743).

Murder of Orlando Letelier and Ronni Moffitt, September 21 1976:

Letelier v. Republic of Chile, 488 F.Supp. 665 (D.D.C., No. 78-CV-1477, Mar. 11 1980) (executive “discretion” to assassinate), 502 F.Supp. 259 (Nov. 5 1980) (narrative, damages, attorney’s fees).

U.S. ambush of Iran Air Flight 655 (July 3 1988, 290 victims):

Formal Investigation into the Circumstances Surrounding the Downing of Iran Air Flight 655 on 3 July 1988 (DoD), Investigation into the Downing of an Iranian Airliner by the U.S.S. "Vincennes" (Senate Armed Services Committee, Hearing, Sept. 8 1988), Public Statements, DoD Press Briefings (July 3, August 19, 1988), “The USS Vincennes: Public War, Secret War” (ABC Nightline, July 1 1992), The July 3, 1988 Attack by the Vincennes on an Iranian Aircraft (House Armed Services Committee, Hearing, July 21 1992).

Iran Air 655 and Pan Am 103: An eye-for-an-eye? {500 kb} (July 3 1988, 290 victims; Dec. 21 1988, 270 victims)

Nejad v. United States, 724 F.Supp. 753 (C.D. Cal., Nov. 7 1989).

Koohi v. United States, 976 F.2d 1328 (9th Cir., Oct. 8 1992).

Iran v. United States (“Aerial Incident of 3 July 1988”) (U.N. I.C.J.: International Court of Justice, The Hague, filed, May 17 1989) {70kb.pdf, source, 437kb.pdf, source}, discontinued on settlement, February 22 1996) {115.1kb.pdf, source, 248.7kb.pdf, source}.

U.S. missile-strike on Sudan, August 20 1998:

Idris v. U.S. Treasury Department (D.D.C., No. 99-CV-472 {25 kb}, filed Feb. 26 1999, dismissed as moot May 5 1999) (blocked bank accounts)

El-Shifa Pharmaceutical Industries Company v. United States (Article I, U.S. Court of Federal Claims), filed July 27 2000, dismissed March 14 2003, 55 Fed. Cl. 751, reconsideration denied April 14 2003 (C.F.C., No. 00-CV-443, appeal docketed May 19 2003, affirmed August 11 2004, 378 F.3d 1346, rehearing and rehearing en banc denied December 28 2004 (Fed. Cir., No. 03-5098), petition for certiorari docketed March 25 2005, certiorari denied June 27 2005, 545 U.S. __ (U.S., No. 04-1291).

El-Shifa Pharmaceutical Industries Company v. United States (Article III, U.S. District Court), filed April 4 2001, dismissed November 29 2005, motion to alter judgment denied, March 28 2007 (D.D.C., No. 01-CV-731), appeal docketed, May 31 2007, briefs filed, Jan. 18, Feb. 21, March 4, 2008, oral argument, April 7 2008 (D.C. Cir., No. 07-5174).

Perrin v. United States, 4 Ct. Cl. 543 (1868), affirmed, 79 U.S. (12 Wall.) 315 (Nov. 13 1871, 1870 Term)

Beirut 1983-1984: Judicial theft? {50 kb}

Peterson v. Iran (D.D.C., No. 01-CV-2094 {162 kb}, filed Oct. 3 2001, default judgment Dec. 18 2002, merits judgment May 30 2003, damage awards pending) (Marine Corps barracks bombing, Oct. 23 1983), related cases, Boulos v. Iran (D.D.C., No. 01-CV-2684), Dammarell v. Iran (D.D.C., No. 01-CV-2224) (U.S. embassy bombing, April 18 1983), Cronin v. Iran (D.D.C., No. 99-CV-2890) (kidnapping and torture, Nov. 16-20 1984).

______________________


These court decisions are cited in current decisions and briefs:


U.S. and Iraq, 1980-2002:

Dellums v. Bush {66kb.html, 44kb.pdf}, 752 F.Supp. 1141 (D.D.C., No. 90-CV-2866, Dec. 13 1990, Judge Harold H. Greene) (“The Court is not prepared to read out of the Constitution the clause granting to the Congress, and to it alone, the authority ‘to declare war’.”).

U.S. invasion of Panama, December 20 1989:

Industria Panificadora, S.A. v. United States, 957 F.2d 886 (D.C. Cir., No. 91-5147, March 6 1992), affirming on other grounds, 763 F.Supp. 1154 (D.D.C., No. 90-CV-1694, April 30 1991)

Goldstar (Panama) S.A. v. United States, 967 F.2d 965 (4th Cir., No. 91-2229, June 16 1992)

U.S. attack on Libya, April 15 1986 (and punishment of plaintiffs’ lawyers):

Saltany v. Reagan, 702 F.Supp. 319 (D.D.C., No. 88-CV-0981, Dec. 23 1988), affirmed in part and reversed in part, 886 F.2d 438 (D.C. Cir., No. 89-5051, Sep. 29 1989), order following remand affirmed, sub nom., Saltany v. Bush, 960 F.2d 1060 (D.C. Cir., No. 91-5107, Apr. 10 1992).

U.S. war on Nicaragua, 1982-1990:

Sanchez-Espinoza v. Reagan, 770 F.2d 202 (D.C. Cir., No. 83-1997, Aug. 13 1985), affirming on other grounds, 568 F.Supp. 596 (D.D.C., No. 82-CV-3395, Aug. 1 1983).

Nicaragua v. United States (“Military and Paramilitary Activities in and against Nicaragua”) (U.N. I.C.J.: International Court of Justice, The Hague, filed, April 9 1984, judgment on the merits, June 27 1986 (summary), reparation phase discontinued, Sept. 26 1991).

Chaser Shipping Corp. v. United States, 649 F.Supp. 736 (S.D.N.Y., No. 86-CV-2500, Dec. 11 1986), and see, “U.S. mining Nicaragua’s harbors, February-March 1984” (and U.S. withdrawal from the compulsory jurisdiction of the U.N. I.C.J.) (International Court of Justice, a/k/a the “World Court”).

Committee of United States Citizens Living in Nicaragua v. Reagan, 859 F.2d 929 (D.C. Cir., No. 87-5053, Oct. 14 1988) (U.S. refusal to obey the order of the U.N. International Court of Justice, June 27 1986).

Linder v. Calero Portocarrero, 963 F.2d 332 (11th Cir., Fla., No. 90-5862, June 17 1992) (murder of Benjamin Linder, April 28 1987, San José de Bocay, Nicaragua, a member of the Committee of United States Citizens Living in Nicaragua v. Reagan).

Haase v. Webster, 807 F.2d 208 (D.C. Cir., No. 85-5816, Dec. 9 1986), affirming in part, reversing in part, 608 F.Supp. 1227 (D.D.C., 85-CV-0587, May 14 1985) (FBI-directed Customs seizure and transfer to the FBI of personal papers from U.S. citizens returning from Nicaragua, building a political enemies list and harassing political opponents).

Heidy v. U.S. Customs Service, 681 F.Supp. 1445 (C.D. Ca., No. 86-CV-2365, March 2 1988) (ditto).

U.S. wars in northern Central America, 1982+ :

Ramirez de Arellano v. Weinberger, 745 F.2d 1500 (D.C. Cir., No. 83-1950, Oct. 5 1984) (en banc: 10 Judges) (U.S. military seizure of a U.S. citizen’s 14,000 acre cattle ranch in Honduras, June 1983), vacated to consider subsequent events, 471 U.S. 1113 (May 20 1985), remanded to dismiss without prejudice as moot, 788 F.2d 762 (D.C. Cir., No. 83-1950, April 18 1986).

State-sponsored kidnapping, torture, murder, etc.:

Alvarez-Machain v. United States, 331 F.3d 604 (9th Cir., No. 99-56762, June 3 2003) (en banc: 11 Judges) (U.S. kidnapping), certiorari granted, Dec. 1 2003 {42kb.html, 207kb.pdf}, consolidating Sosa v. Alvarez-Machain (U.S., No. 03-339), United States v. Alvarez-Machain (U.S., No. 03-485), oral argument, March 30 2004 {237kb.pdf}, reversed June 29 2004 {200kb.html, 785kb.pdf} (briefs).

Jama v. U.S. Immigration and Naturalization Service, 22 F.Supp.2d 353 (D.N.J., No. 97-CV-3093, Oct. 1 1998) (U.S. abuses of asylum seekers are international torts).

Xuncax v. Gramajo, 886 F.Supp. 162 (D. Mass., No. 91-CV-11564, April 12 1995).

Filártiga v. Peña-Irala, 630 F.2d 876 (2d Cir., No. 79-6090, June 30 1980) (police torture and murder in Paraguay), U.S. amicus brief (May 29 1980), on remand, Filartiga v. Pena-Irala, 577 F.Supp. 860 (E.D.N.Y., No. 79-CV-917, Jan. 10 1984) (act of state, choice of law, damages).

Tel-Oren v. Libyan Arab Republic, 726 F.2d 774 (D.C. Cir., No. 81-1870, Feb. 3 1984)


This is the story-line of current events.   CJHjr:


“ The Lord said to Moses: ...

God: Love your neighbor as yourself.”

Bible, Leviticus 19:1, 18
Torah, Leviticus 19:1, 18

“ Jesus: Do to others as you would have them do to you.”

Bible, Luke 6:31

“ Hillel: What is hateful to you, do not to your neighbor. This is the whole Torah. All the rest is commentary.”

(Shabbat 31a) Talmud (Babylonian), Shabbath 31a

“ Tse-kung: Is there one word that can serve as a principle of conduct for life?

Confucius: “Shu” — reciprocity. Do not impose on others what you yourself do not desire.”

Doctrine of the Mean 13.3

“ Usama bin Laden: Praise be to God, who created all people ... and commanded them to be just. And permitted the wronged one to retaliate, against the oppressor, in kind.”

Oct. 29 2004 (Aljazerra) {copy}

“ God: We gave Moses the Book ... explaining all things in detail ... So follow it and be righteous. {6:154-155} ... We gave the Book and the wisdom and the prophecy to the children of Israel. {45:16} ...

[To] those who were made to inherit the Book after them ... say: “I believe in what God has revealed of the Book. And I am commanded to do justice between you. God is our Lord and your Lord” ... {42:14-15} ... say: “We believe in that which has been revealed to us and revealed to you, and our God and your God is One” ... {29:46} ...

It was We who revealed the Torah. Therein was guidance and light. By its standard have been judged the Jews, by the prophets who bowed to God’s will, by the rabbis and the doctors of law. For to them was entrusted the protection of God’s Book. And they were witnesses thereto. ... If any do fail to judge by what God hath revealed, they are unbelievers.

We ordained therein for them: “Life for life, eye for eye, nose for nose, ear for ear, tooth for tooth, and wounds equal for equal.” But if any one remits the retaliation by way of charity, it is an act of atonement for himself. And if any fail to judge by what God hath revealed, they are wrong-doers.

And in their footsteps We sent Jesus the son of Mary, confirming the Law that had come before him. We sent him the Gospel. Therein was guidance and light, and confirmation of the Law that had come before him: A guidance and an admonition to those who fear God. {5:44-46} ...

And those who, when an oppressive wrong is inflicted on them, help and defend themselves:

The recompense for an injury is an injury equal thereto.

But if a person forgives and makes reconciliation, his reward is due from God, for (God) loveth not those who do wrong.

But indeed, if any do help and defend themselves, after a wrong to them, against such there is no cause of blame. The blame is only against those who oppress men, and wrong-doing, and insolently transgress beyond bounds, through the land, defying right and justice.

But indeed if any show patience and forgive, that would truly be an exercise of courageous will and resolution in the conduct of affairs. {42:39-43}.”

Koran (Qur'an, Qu'ran), (Noble)

“ Then the Lord said to Moses:

God: Tell the Israelites this: You have seen for yourselves that I have spoken to you from heaven: ...

These are the laws you are to set before them: ...

If there is serious injury, you are to take life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burn for burn, wound for wound, bruise for bruise.”

Bible, Exodus 20:22; 21:1, 23-25
Torah, Exodus 20:19; 21:1, 23-25

“ The Lord said to Moses: ...

God: If anyone injures his neighbor, whatever he has done must be done to him: fracture for fracture, eye for eye, tooth for tooth. As he has injured the other, so he is to be injured.”

Bible, Leviticus 24:1, 19-20
Torah, Leviticus 24:1, 19-20

“ Moses proclaimed to the Israelites all that the Lord had commanded him concerning them. ... East of the Jordan in the territory of Moab, Moses began to expound this law, saying: ...

Moses: You must purge the evil from among you. The rest of the people will hear of this and be afraid, and never again will such an evil thing be done among you. Show no pity: life for life, eye for eye, tooth for tooth, hand for hand, foot for foot.”

Bible, Deuteronomy 1:3, 5; 19:16-21
Torah, Deuteronomy 1:3, 5; 19:16-21

________________


“ General John E. Smith’s division had today quite a smart skirmish with a detachment of Rebel cavalry, supposed to be about 800 or 1,000 strong. As they were closing-up to our column, the enemy captured some wagons and animals, and also captured a picket post of 20 men.

They were then met by our skirmishers and a little fight followed, during which two of our men who had been captured were brought out on the Rebel skirmish line, in an open field, and shot in cold blood.

General Smith, who was on the ground, ordered two Rebels who he had just captured, out on our skirmish line, in plain view of the enemy, and they were shot.”

Thomas Ward Osborn (1836-1898) (Major, Chief of Artillery, U.S. Army of the Tennessee, formerly commander of 1st New York Light Artillery, Battery D) (then a New York lawyer), diary entry dated February 25 1865, Williams Cross-Roads, Kershaw District South Carolina, in Richard B. Harwell, Philip N. Racine (editors), The Fiery Trail: A Union Officer’s Account of Sherman’s Last Campaigns, page 148 (University of Tennessee Press, Knoxville, 284 pages, 1986), LCCN: 85027620.

“ Two of our men were brutally murdered, in plain view of our skirmishers, after having surrendered, in retaliation for which I ordered two of their men, who were taken in our uniform, to be shot, which was done on the spot.”

John Eugene Smith (1816-1897) (Major-General, U.S. Army), report for February 25 1865, near West's Cross-Roads South Carolina, contained in report dated March 26 1865, Goldsborough North Carolina, concerning operations commencing January 19 1865 at Savannah Georgia, printed, The War of the Rebellion {html} (U.S. War Department, 1880-1901), series-1, volume-47 (“Series I--Volume XLVII--In Three Parts”), part-1 {html} (“Part I--Reports”) (volume number 98), page 1 {html} (“Operations in North Carolina (From February 1), South Carolina, Southern Georgia, and East Florida, January 1--June 30, 1865”), pages 314-325, at 318-319 {html: 314-325, at 318-319} (U.S. Congress 54-1, House Doc. 37/1, 1895) {SuDoc: W 45.5:V.98, Serial Set: 3409, source, list}, underlying action report: William Thomas Clark (1831-1905) (Brigadier-General, 13th Iowa Infantry Regiment, U.S. Army) (then a New York lawyer), report dated February 25 1865, near West's Corners, id., at 327-328 {html: 327-328}; accord, Charles H. Warren (First Lieutenant, Company F, 63d Illinois Infantry Regiment, U.S. Army), report dated February 27 1865, near Kelley's Ferry South Carolina, for the month of February, id., 331-332, at 332 {html: 331-332, at 332}; accord, Harvey Marion Trimble (1842-1918) (Adjutant) (subsequently an Illinois lawyer) (editor), Aaron Dunbar (1842-19??) (Sergeant, Company B) (compiler), History of the Ninety-Third Regiment, Illinois Volunteer Infantry, Chapter 10 (Blakeley Printing, Chicago, 441 pages, 1898, LCCN: 08009828). Map.

SuWho? SuDoc Serial Set

The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies {html} (U.S. War Department, 1880-1901, 129 volumes, 138,579 pages) {SuDoc: W 45.5, Serial Set: (list), LCCN: 03003452, OCLC: 00427057, DL, WorldCat}.

“ 27. The law of war can no more wholly dispense with retaliation than can the law of nations, of which it is a branch. Yet civilized nations acknowledge retaliation as the sternest feature of war. A reckless enemy often leaves to his opponent no other means of securing himself against the repetition of barbarous outrage.

28. Retaliation will therefore never be resorted to as a measure of mere revenge, but only as a means of protective retribution, and moreover cautiously and unavoidably — that is to say, retaliation shall only be resorted to after careful inquiry into the real occurrence and the character of the misdeeds that may demand retribution.

Unjust or inconsiderate retaliation removes the belligerents farther and farther from the mitigating rules of regular war, and by rapid steps leads them nearer to the internecine wars of savages.”

Instructions for the Government of Armies of the United States in the Field, ¶¶ 27-28 (U.S. War Department, “General Orders, No. 100,” Washington D.C., April 24 1863) {LCCN: 10010408, OCLC: 6647087, uc, gwu, WorldCat}, reprinted, The War of the Rebellion {html}, series-3, volume-3 {html} (“Series III--Volume III”) (volume number 124), pages 1 {html} (“Correspondence, Orders, Reports, and Returns of the Union Authorities from January 1 to December 31, 1863”), 148-164 {html: 148-164}, at 151 {html, 70kb.pdf, 186kb.gif} (U.S. Congress 56-1, House Doc. 287, 1899) {SuDoc: W 45.5:V.124, Serial Set: 3964, source, list} (the “Lieber Code”) {source, copy, copy, copy}, accord, The Law of Land Warfare,  497 (“Reprisals”) (“Chapter 8, Remedies for Violation of International Law; War Crimes,” “Section I. Remedies and Reprisals”) (U.S. Army, Field Manual 27-10, July 18 1956, and amendment dated July 15 1976), accord, The Manual of the Law of Armed Conflict, paragraphs 16.16-16.19, chapter 16 (“Enforcement of the Law of Armed Conflict”), section F (“Reprisals”) (U.K. Ministry of Defense, July 1 2004).

 

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Charles Judson Harwood Jr.
This document may be freely copied.

CJHjr

Posted August 1 2002. Updated Feb. 26 2009.

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