A day after President Trump pardoned three convicted American war criminals against the strong objections of the Department of Defense and the military services. With one stroke he took back military justice to the day when President Richard Nixon for all practical purposes overturned the military Justice system’s conviction of Lieutenant William Calley for the My Lai massacre by commuting his sentence to house arrest. It took decades for the United States Army to recover from the stain of what it had done in Vietnam, and the Presidency years to recover from the stain of Richard Nixon.
This happened during a week where I have been doing a lot of reading on the Japanese War Crimes during the Second World War, reviewing my previous studies about the Nazi War Crimes, and watching a mini-series about the Tokyo War Crimes Trials.
I am appalled at the President’s despicable defense and pardoned three men convicted of war crimes by U.S. military courts. Truth matters, law matters, and justice matters.
These pardons have the potential release unprecedented evil by otherwise honorable men who either believer that they are just following orders or approved by God through the words of their leader.
I take this very seriously. War Crimes are war crime whether committed by Nazis, Communists, the Iranian Revolutionary Guard, or American soldiers. Supreme Court Justice Robert Jackson who organized the Nuremberg Trials and prosecuted the leading Nazis noted before the trials began:
“If certain acts of violation of treaties are crimes, they are crimes whether the United States does them or whether Germany does them, and we are not prepared to lay down a rule of criminal conduct against others which we would not be willing to have invoked against us.” Justice Robert Jackson International Conference on Military Trials, London, 1945, Dept. of State Pub.No. 3080 (1949), p.330.
The fact that the United States Congress has never approved U.S. membership in the International Criminal Court means that we do not take war crimes seriously if they are committed by our soldiers. We make a mockery of justice, and even when our own military seeks justice, now the President is overturning the our military justice system to set convicted war criminals free. The President has dishonored the country and the military that is sworn to obey the law and the Constitution.
That is what it comes down to. How does one speak for human rights and against war crimes and crimes against humanity, yet watch the President of the United States make a mockery of justice.