War law somehow isn’t crystal-clear in letter and intent? Those Oath-sworn and tax-paid shouldn’t enforce it with .01% arrests for OBVIOUS lie-started and illegal Wars of Aggression?? What that argument sounds like with traffic law, baseball, and your child taking out the trash: an open letter to US military, law enforcement, responsible Americans

“No treaty, however much it may be to the advantage of all, however tightly it may be worded, can provide absolute security against the risks of deception and evasion.” ~ President Kennedy, June 10, 1963

I was inspired to write this essay by the following comment from an otherwise intelligent person:

“Therefore, while I can say it strongly appears U.S. wars are in violation of the treaties and therefore likely illegal, there is no way for myself to make that a legally binding finding and attach legal demands based upon it. I can make stuff up, but that won’t go over very well.”

From similar comments over time, I’ve made perhaps ten requests for this person to summarize war law in a sentence or two. So far, I’ve received only dodges avoiding this easy and essential citizen responsibility. This said, this isn’t the only individual who can’t summarize war law, and see that it’s meant to be as clear as:

  • “stop sign” law for driving,
  • a baseball rule, like the strike zone,
  • a chore for one’s child at home, like taking out the trash.

Let’s look at these three examples compared to this comment, then review war law to see that its violation by US .01% “leaders” is as outrageous as one can imagine, not even close to legal, started on lies known to be false as they were told, and requiring immediate arrests to stop an obvious crime war-murdering millions, harming billions, and looting trillions.

To give you the punch line now for clarity of what war law states, and without disagreement our colleagues and I are aware of from anyone who points to the law with explanation:

Unless a nation can justify its military use as self-defense from armed attack from a nation’s government that is “instant, overwhelming, and leaving no choice of means, and no moment for deliberation,” all other acts of war are unlawful. The legal definition of “self-defense” ends when the attack terminates. In general legal definitionno party is allowed use of force under the justification of “self-defense” if the law can be applied for redress and remedy. 

This is the same as if you’re walking down the street: nobody can attack you unless, and only unless, you attack first or are an imminent threat (pulling a knife and raving, etc.). And if you are attacked, once law enforcement takes the case any attack on your part is the crime of retribution fully prosecuted against you.

Example 1: Stop sign law:

In general, law is meant to be crystal-clear so as to help produce a desired result. Traffic law is meant to make driving as safe and efficient as possible, with California stop sign law as a perfect example:

“An 8-sided red STOP sign indicates that you must make a full “STOP” whenever you see this sign. Stop at the white limit line (a wide white line painted on the street) or before entering the crosswalk. If a limit line or crosswalk is not painted on the street, stop before entering the intersection. Check traffic in all directions before proceeding.”

There’s more that could be said about this law, but this is enough as we all have personal experience of what this law means.

Now imagine this scenario:

In your residential neighborhood with a 25 mph speed limit, you have a stop sign one house away. Your child attends the elementary school down the street, and you know that children have been hit by cars on this street. One day you observe at 7 AM a red Toyota truck speed through that stop sign ~40 mph, and at 5 PM he speeds through the other way. As you watch, horrified this has happened twice, you see your next-door neighbor has also observed this. You walk over:

You: Did you see that?! I saw that same truck do that this morning; just blow by that stop sign, and speeding!

Neighbor: Yeah. I’ve seen it the last three weekdays, morning and evening. Same truck, same driver, same speed, never even slows down.

You: Have you called the police? Let’s stop this!

Neighbor: While I can say it strongly appears this driver is in violation of the law and therefore likely illegal, there is no way for myself to make that a legally binding finding and attach legal demands based upon it. I can make stuff up, but that won’t go over very well.

You: Are you joking?

Neighbor: No. I take neighborhood safely seriously. Because he’s seen me, he threw this note at me yesterday. Well, it was attached to a brick that missed me and went through my windshield. But anyway, this is what the note says:

“My driving is legal because:

  • I have white decals on my vehicle, and have extra driving privileges.
  • My wife is pregnant. Emergencies change everything. I must use emergency “enhanced driving techniques.”
  • It’s pretty well confirmed you’re in communication with Al-Qaeda terrorists, so I’m acting in legal self-defense before you attack again.”

You: Dude.

Neighbor: What? While I can say it strongly appears this driver is in violation of the law and therefore likely illegal, there is no way for myself to make that a legally binding finding and attach legal demands based upon it. I can make stuff up, but that won’t go over very well.

You: Ok, let’s look. First: his truck doesn’t have those white stickers, plus it’s irrelevant for speeding through a stop sign. Second: if he drives like this every day AND both ways that has nothing to do with a pregnant wife. And the last one, seriously, are you going to take that shit that you’re the cause of his speeding because you’re some evil terrorist?!

**

I could go on, but you get the points about this neighbor within the limits of an analogy:

  • No demonstrated understanding of this law.
  • Need of greater voice for responsible citizenship.

Example 2: baseball’s strike zone

Scenario: You attend your son’s high school baseball game with about 100 other adults and students in your team’s stands. Your same neighbor is at the game with you, with his son at bat. The pitcher delivers a pitch ten feet over everyone’s head to the backstop. The umpire calls, “Strike one!” You, in shock, attempt to ask your neighbor if you heard correctly. As you begin talking, the pitcher’s second pitch is tossed to their team’s manager in the dugout:

Umpire: Strike two!

You: This game is rigged!

Neighbor: While I can say it strongly appears those pitches are outside the strike zone and therefore likely balls, there is no way for myself to make that a binding finding and attach demands based upon it. I can make stuff up, but that won’t go over very well.

You: Dude! The first one was over everyone’s heads by 10 feet! The second is a joke!

(as we talk, the pitcher delivers the third pitch: rolling it to the third baseman and smirking at the “umpire” calling, “Strike three!”)

Neighbor: (loudly encouraging to son) Next time, next time, son! You’ll have to swing at one of those to have a chance!

**

Let’s do some analysis:

  • Again, your neighbor shows no understanding of the law.
  • Your neighbor is at risk of being a sucker to whatever consequences might come from such ignorance.

Of course, because Americans take sports law sooooo seriously (and here), many of the 100 fans would be on the field to stop the game after the second pitch, and would never ever ever ever allow a game they cared about to be destroyed by Orwellian “umpires.”

Example 3: taking out the trash

Scenario: Your son has a chore to take out the trash before he goes to bed each night. One morning before school, you notice the trash wasn’t taken out last night. Your son comes downstairs.

You: Son, you didn’t take out the trash last night.

Son: C’mon Dad: while you can say it strongly appears the trash is in violation of the agreement and therefore likely illegal, there is no way for you to make that a binding finding and attach demands based upon it. You can make stuff up, but that won’t go over very well.

You: (blinking twice, indicating with body language that your son now has your full attention)

Son: (recognizing this bullshit isn’t working, clears his throat) Besides, taking the trash out is a relative term. If it’s out, then relative to that location, inside the house is outside of that domain. If the trash is in, it’s already outside the domain of out!

(placing his hand in mock sincerity upon my shoulder) Dad, America needs clear laws and enforceable laws, not the arbitrary stop you’re making of my morning in lawless arbitrary demand. It’s up to our household legislation to plug loopholes; it’s the duty of the family to understand what needs to be done and demand it.

Fair laws, clear laws, enforceable laws.

Don’t be a preening weenie, Dad.

You: You’re joking, right?

Son: Not at all. I take household responsibilities very seriously. Very seriously.

You: (pursing lips and nodding) Anything else you’d like to add to your explanation?

Son: Yes. The rule states that the trash go out before I “go to bed.” I never went to bed last night. I had a “temporary emergency bailout of consciousness” distinct from “going to bed.” So, technically, I won’t be in violation until I actually “go to bed.” And this state of emergency might need to be continued indefinitely. Oh, and I still stand on my point that given the ambiguity of the rule with in and out, neither one of us can determine any violation of law.

You: Son, laws are meant to be clear; this one is. Your first excuse has to destroy known and agreed terms of in and out to pretend the law is unclear. Your second excuse again destroys a definition of an essential part of the law, then, as the first excuse, attempts to bullshit your way to willfully destroy clear law. This bullshit includes rhetoric of caring about responsibility, a need for clear laws, and justice.

The law is simple: (pointing to trash) That is inside the house. It needs to go outside to the trash container (pointing) every night. Nobody is confused by this.

How did you get this wild idea?

Son: (snapping out of his experiment with psychopathy): My baseball teammate and neighbor uses it on his dad all the time. He says it works. Thanks for not being played, Dad. That’s the type of man I want to be!

War law is as clear as our three examples:

War law is just as easy to understand as “stop sign law,” and far easier than most sports laws, such as when a football punt is or is not legal, or baseball’s “infield fly” rule. Because everyday people care enough to know traffic law and sports rules, the idea of knowing war law can be accomplished by refreshing what you’ve already learned by reading this article (and confirming its accuracy as needed).

War law, as we’re about to document and prove, is clear and helpful for the outcome of denying military armed attack as a foreign policy. This is an outcome 95%+ of humanity agree is desirable, especially after all our families’ awful sacrifices through two world wars.

Conversely, war-mongers for empire will do their best to be silent about war law, lie that it’s so unclear that any dictatorial claim of “self-defense” is valid, and take every evasive maneuver imaginable for the public (especially military and law enforcement) to never understand war law and/or never recognize how US wars are Orwellian unlawful.

Again: what war law states, and without disagreement our colleagues and I are aware of from anyone who points to the law with explanation:

Unless a nation can justify its military use as self-defense from armed attack from a nation’s government that is “instant, overwhelming, and leaving no choice of means, and no moment for deliberation,” all other acts of war are unlawful. The legal definition of “self-defense” ends when the attack terminates. In general legal definitionno party is allowed use of force under the justification of “self-defense” if the law can be applied for redress and remedy. 

That’s the letter of the law. The intent is soooo strongly worded in both relevant treaties, as you’ll see, and is simply to end the scourge of wars chosen by governments as foreign policy (in historical context of empires looting the world for resources: natural and human).

Our condition today is of OBVIOUSLY unlawful Wars of Aggression (and started with lies known to false as they were told), as the facts to follow clearly demonstrate for anyone caring to look and apply basic high school-level of education already learned.

Importantly, Left and Right “leaders” and corporate media, including Clinton and Trump, will never ever ever ever ever remind us that war is illegal, with current wars in Orwellian opposition. 

The appropriate “vote” of We the People for this presidential election is “No” for more illegal war, and “Yes” to stop the wars and arrest those who orchestrated them. Without public demand, these illegal wars will only continue.

The following is from my paper for the 2015 Claremont Colleges’ conference, Seizing an Alternative Toward an Ecological Civilization reframed for our three specific points in this essay. Importantly, colleagues and I working on this topic are unaware of any refutation that the US wars are illegal. That is, we’ve never encountered anyone in person or in writing who points to the law and argues: “War law means (a, b, c), so the US wars are legal because (d, e, f).” If any reader has found any such argument, please share it with me.

Accurately and confidently know the law

Unlawful Wars of Aggression: The US/UK/Israel “official story” is that current wars are lawful because they are “self-defense.” The Emperor’s New Clothes fact here is that “self-defense” means something quite narrow and specific in war law, and US/UK/Israel armed attacks on so many nations in current and past wars are not even close to the definition of “self-defense.”

Addressing three nations and several wars again seems ambitious for one academic paper, and again, these are all simple variations of one method:

  1. Ignore war law.
  2. Lie to blame the victim and claim “self-defense.”
  3. “Officials” and corporate media never state the Emperor’s New Clothes simple and obvious facts of war law and war lies.

Proving unlawful wars with massive deception is easier when the scope is broadened to see the same elements in three cases.

Importantly, a nation can use military, police, and civilians in self-defense from any attack upon the nation. This is similar to the legal definition of “self-defense” for you or I walking down the street: we cannot attack anyone unless either under attack or imminent threat. And, if under attack, we can use any reasonable force in self-defense, including lethal.

Two world wars begat two treaties to end nations’ armed attacks forever. They are crystal-clear in content and context:

  • Kellogg-Briand Pact (General treaty for renunciation of war as an instrument of national policy as official title)
  • United Nations Charter.

Both are listed in the US State Department’s annual publication, Treaties in Force (2013 edition pages 466 and 493).

Article Six of the US Constitution defines a treaty as US “supreme Law of the Land;” meaning that US policy may only complement an active treaty, and never violate it.

This is important because all of us with Oaths to the US Constitution are sworn to honorably refuse all unlawful war orders; military officers are sworn to arrest those who issue them. Indeed, we suffer criminal dishonor if we obey orders for armed attack when they are not “self-defense,” and family dishonor to so easily reject the legal victory won from all our families’ sacrifices through two world wars.

Treaty 1. Kellogg-Briand: General treaty for renunciation of war as an instrument of national policy:

The legal term renounce means to surrender access; that is, to remove that which is renounced as lawful option. This active treaty (page 466 “Renunciation of War”), usually referenced as the Kellogg-Briand Pact, states:

ARTICLE I

The High Contracting Parties solemly declare in the names of their respective peoples that they condemn recourse to war for the solution of international controversies, and renounce it, as an instrument of national policy in their relations with one another.

ARTICLE II

The High Contracting Parties agree that the settlement or solution of all disputes or conflicts of whatever nature or of whatever origin they may be, which may arise among them, shall never be sought except by pacific means.”

So, in the most clear framing of a rule as possible, the first two parts of the treaty state “never war” and “always peace” to resolve conflicts.

Treaty 2. United Nations Charter:

It’s helpful to understand what the UN is not. The only area of legal authority of the UN is security/use of force; all other areas are advise for individual nation’s legislature’s consideration. The UN is not global government. It is a global agreement to end wars of choice outside of a very narrow legal definition of national self-defense against another nation’s armed attack.

The preamble of the United Nations includes to “save succeeding generations from the scourge of war… to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and… to ensure, by the acceptance of principles and the institution of methods, that armed force shall not be used…”

The UN purpose includes: “To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace…”

Article 2:

3. All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.

4. All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.

5. All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter…

Article 24: In order to ensure prompt and effective action by the United Nations, its Members confer on the Security Council primary responsibility for the maintenance of international peace and security, and agree that in carrying out its duties under this responsibility the Security Council acts on their behalf.

Article 25: The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter.

Article 33:

  1. The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.
  2. The Security Council shall, when it deems necessary, call upon the parties to settle their dispute by such means.

Article 37: Should the parties to a dispute of the nature referred to in Article 33 fail to settle it by the means indicated in that Article, they shall refer it to the Security Council.

Article 39: The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.

Article 40: In order to prevent an aggravation of the situation, the Security Council may, before making the recommendations or deciding upon the measures provided for in Article 39, call upon the parties concerned to comply with such provisional measures as it deems necessary or desirable.

Article 51: Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security.

The International Court of Justice (ICJ) is the judicial branch of the UN. Their definition of “armed attack” is by a nation’s government. Because the leadership of the CIA and FBI both reported that they had no evidence the Afghan government had any role in the 9/11 terrorism, the US is unable to claim Article 51 protection for military action in Afghanistan (or IraqSyriaUkraine, Iran [hereherehere], Russia, or claims about ISIS or Khorasans). The legal classification of what happened on 9/11 is an act of terrorism, a criminal act, not an armed attack by another nation’s government.

The US use of force oversees could be a legal application of Article 51 if, and only if, the US could meet the burden of proof of an imminent threat that was not being responded to by the Security Council. To date, the US has not made such an argument.

American Daniel Webster helped create the legal definition of national self-defense in the Caroline Affair as “necessity of that self-defence is instant, overwhelming, and leaving no choice of means, and no moment for deliberation.” The US attack on Afghanistan came nearly a month after the 9/11 terrorism. Article 51 only allows self-defense until the Security Council takes action; which they did in two Resolutions beginning the day after 9/11 (1368 and 1373) claiming jurisdiction in the matter.

In conclusion, unless a nation can justify its military use as self-defense from armed attack from a nation’s government that is “instant, overwhelming, and leaving no choice of means, and no moment for deliberation,” all other acts of war are unlawful. The legal definition of “self-defense” ends when the attack terminates. In general legal definitionno party is allowed use of force under the justification of “self-defense” if the law can be applied for redress and remedy. 

Another area to clarify is the US 1973 War Powers Act (WPA). The authorization by Congress for US presidential discretion for military action in Afghanistan  and Iraq references WPA. This act, in response to the Vietnam War, reframes the Founders’ intent of keeping the power of war in the hands of Congress. It also expressly limits the president to act within US treaty obligations; the principle treaty of use of war being the UN Charter.

This means that presidential authority as commander-in-chief must always remain within the limitations of the UN Charter to be lawful orders. It’s not enough for Congress to authorize use of force; that force must always and only be within the narrow legal definition of self-defense clearly explained in the UN Charter. Of course, we can anticipate that if a government wanted to engage in unlawful war today, they would construct their propaganda to sell the war as “defensive.” The future of humanity to be safe from the scourge of war is therefore dependent upon our collective ability to discern lawful defensive wars from unlawful Wars of Aggression covered in BSEmperor’s New Clothes claims of self-defense.

Governments have been vicious killers over the last 100 years, using “self-defense” to justify their wars. The US has started 201 foreign armed attacks since WW2, causing the world’s peoples to conclude in polling that the US is indeed #1 as the most threatening nation to world peace. These US-started armed attacks have killed ~30 million and counting; 90% of these deaths are innocent children, the elderly and ordinary working civilian women and men. These US armed attacks have war-murdered more than Hitler’s Nazis, and continue a long history of lie-began US Wars of Aggression.

The most decorated US Marine general in his day warned all Americans of this fact of lie-started wars, and W. Bush’s Senior Advisor and Deputy Chief of Staff, Karl Rove, chided Pulitzer-winning journalist, Ron Suskind, that government will continue with such actions to “create our own reality” no matter what anyone else might say.

The first round of US current wars, the attack of Afghanistan on October 7, 2001, continues this history as a deliberate act of unlawful war, not defense that was “instant, overwhelming, and leaving no choice of means, and no moment for deliberation.” The burden of proof the US would have to provide is imminent threat of another attack in order to justify self-defense. US Ambassador to the UN, John Negroponte, in his letter to the UN Security Council invoking Article 51 for the attack upon Afghanistan mentions only “ongoing threat;” which does not satisfy this burden of proof.

Article 51 requires self-defensive war coming from an attack by a nation’s government, which the CIA and FBI refute in the case of the Afghan government with the terrorism on 9/11. Self-defense ends when the attack ends. The US war began four weeks after 9/11 ended; making the US war one of choice and not defense. Article 51 ends self-defense claims when the UN Security Council acts. Resolution 1373 provides clear language of international cooperation and justice under the law, with no authorization of force.

This evidence doesn’t require the light of the UN Charter’s spirit of its laws, but I’ll add it: humanity rejected war as a policy option and requires nations to cooperate for justice under that law. The US has instead embraced and still embraces war with its outcomes of death, misery, poverty, and fear expressly against the wishes of humanity and the majority of Americans. These acts are clearly unlawful and should be refused and stopped by all men and women in military, government and law enforcement.

Some war liars argue that UN Security Council Resolution 687 from 1991 authorizes resumption of force from the previous Gulf War. This resolution declared a formal cease-fire; which means exactly what it says: stop the use of force. The resolution was declared by UNSC and held in their jurisdiction; that is, no individual nation has authority to supersede UNSC’s power to continue or change the status of the cease-fire. The idea that the US and/or UK can authorize use of force under a UNSC cease-fire is as criminal as your neighbor shooting one of your family members and claiming that because police have authority to shoot dangerous people he can do it.

The categories of crime for armed attacks outside US treaty limits of law are:

  1. Wars of Aggression (the worst crime a nation can commit),
  2. Treason for lying to US military, ordering unlawful attack and invasions of foreign lands, and causing thousands of US military deaths.

All 27 UK Foreign Affairs Department attorneys concluded Iraq war is unlawful: I wrote in 2010:

“All the lawyers in the UK’s Foreign Affairs Department concluded the US/UK invasion of Iraq was an unlawful War of Aggression. Their expert advice is the most qualified to make that legal determination; all 27 of them were in agreement. This powerful judgment of unlawful war follows the Dutch government’s recent unanimous report and UN Secretary General Kofi Annan’s clear statements.

“This stunning information was disclosed at the UK Chilcot inquiry by the testimony of Foreign Affairs leading legal advisor, Sir Michael Wood, who added that the reply from Prime Minister Tony Blair’s office to his legal department’s professional work was chastisement for putting their unanimous legal opinion in writing.

Sir Michael testified that Foreign Secretary Jack Straw preferred to take the legal position that the laws governing war were vague and open to broad interpretation: “He took the view that I was being very dogmatic and that international law was pretty vague and that he wasn’t used to people taking such a firm position.”

“UK Attorney General Lord Goldsmith testified he “changed his mind” against the unanimous legal opinion of all 27 of the Foreign Office attorneys to agree with the US legal argument that UN Security Council Resolution 1441 authorized use of force at the discretion of any nation’s choice. This testimony is also criminally damning: arguing that an individual nation has the right to choose war violates the purpose, letter and spirit of the UN Charter, as well as violates 1441 that reaffirms jurisdiction of the Security Council in governance of the issue. This Orwellian argument contradicts the express purpose of the Charter to prevent individual nations from engaging in wars.

“Moreover, the US and UK “legal argument” is in further Orwellian opposition to their UN Ambassadors’ statements when 1441 was passed that this did not authorize any use of force:

John Negroponte, US Ambassador to the UN:

[T]his resolution contains no “hidden triggers” and no “automaticity” with respect to the use of force. If there is a further Iraqi breach, reported to the Council by UNMOVIC, the IAEA or a Member State, the matter will return to the Council for discussions as required in paragraph 12.

Sir Jeremy Greenstock, UK Ambassador to the UN:

We heard loud and clear during the negotiations the concerns about “automaticity” and “hidden triggers” — the concern that on a decision so crucial we should not rush into military action; that on a decision so crucial any Iraqi violations should be discussed by the Council. Let me be equally clear in response… There is no “automaticity” in this resolution. If there is a further Iraqi breach of its disarmament obligations, the matter will return to the Council for discussion as required in paragraph 12.

“The Chilcot inquiry was initiated from public outrage against UK participation in the Iraq War, with public opinion having to engage a second time to force hearings to become public rather than closed and secret. The hearings were not authorized to consider criminal charges, which is the next battle for UK public opinion.”

The UN Charter is the principle law to end wars; designed by the US to produce that result. That said, West Point Grads Against the War have further legal arguments of all the violations of war from US attack and invasions of Afghanistan and Iraq, including further analysis of the UN Charter and expert supporting testimony. Another resource for documentation and analysis is David Swanson’s War is a Crime. Ironically, Americans would never allow a favorite sport such as baseball or football to be similarly destroyed by such Emperor’s New Clothes lies to those rules/laws.

Lawful war analysis: Negroponte’s letter invokes a legal Charter Article of self-defense in contrast with the loss of over 3,000 lives on 9/11. The letter portends legal evidence of al-Qaeda’s “central role” in the attacks and claims military response is appropriate because of al-Qaeda’s ongoing threat and continued training of terrorists. This reasoning argues for a reinterpretation of self-defense to include pre-emptive attack while lying in omission that such an argument is tacit agreement of current action being outside the law.

The US Army’s official law handbook provides an excellent historical and legal summary of when wars are lawful self-defense and unlawful War of Aggression in a seven-page Chapter One.

Importantly, after accurately defining “self-defense” in war, the JAG authors/attorneys explicitly state on page 6 that war is illegal unless a nation is under attack from another nation’s government, or can provide evidence of imminent threat of such attack:

“Anticipatory self-defense, whether labeled anticipatory or preemptive, must be distinguished from preventive self-defense. Preventive self-defense—employed to counter non-imminent threats—is illegal under international law.”

However, despite the US Army’s law handbook’s accurate disclosure of the legal meaning of “self-defense” in war, they then ignore this meaning to claim “self-defense” as a lawful reason for US wars without further explanation (details here).

President George Washington’s Farewell Address, the culmination of his 45 years of political experience, warned of the primary threat to America as “the impostures of pretended patriotism” from people within our own government who would destroy Constitutional limits in order to obtain tyrannical power:

“All obstructions to the execution of the laws, all combinations and associations, under whatever plausible character, with the real design to direct, control, counteract, or awe the regular deliberation and action of the constituted authorities, are destructive of this fundamental principle, and of fatal tendency.”

Young Abraham Lincoln wrote eloquently to defend the US Constitution from unlawful tyrants within our own government. In Congress, he spoke powerfully and truthfully that the President’s claims for armed attack and invasion of a foreign country were lies. Although war-mongers slurred Lincoln’s name at the time, history proved him correct in asserting the President of the US was a war-mongering liar:

“I carefully examined the President’s messages, to ascertain what he himself had said and proved upon the point. The result of this examination was to make the impression, that taking for true, all the President states as facts, he falls far short of proving his justification; and that the President would have gone farther with his proof, if it had not been for the small matter, that the truth would not permit him… Now I propose to try to show, that the whole of this, — issue and evidence — is, from beginning to end, the sheerest deception.”

Lincoln also wrote that “pre-emptive” wars were lies, and “war at pleasure.”

Those of us working to end these illegal Wars of Aggression have found zero refutations of our documentation that address war law. All we’ve ever found are denial and unsubstantiated claims of “self-defense” while having to lie about the legal limits in that term.

Note: other sections of that paper may be useful that just as clearly demonstrate Israel’s illegal war on Gaza, criminally complicit corporate media to “cover” these crimes, all “reasons” for these wars were known to be false as they were told, and the fundamental fraud of creating what is used for money as debt.

Demand arrests of Left and Right .01% US “leaders” because the wars are not even close to lawful

Therefore, We the People have an obvious solution: lawful arrests of .01% “leaders” for the most egregious crimes centering in war and lies to start them.

This is a 1st Amendment responsibility to maintain our constitutional republic under law rather than what we’ve become with war: “leaders” dictating/saying what we can do completely removed from limitations of the law. Left and Right .01% “leaders” completely violate the rules, and only from public ignorance with corporate media propaganda.

The categories of crime include:

  1. Wars of Aggression (the worst crime a nation can commit).
  2. Likely treason for lying to US military, ordering unlawful attack and invasions of foreign lands, and causing thousands of US military deaths.
  3. Crimes Against Humanity for ongoing intentional policy of poverty that’s killed over 400 million human beings just since 1995 (~75% children; more deaths than from all wars in Earth’s recorded history).
  4. Looting trillions, such as the Department of “Defense” claiming to have “lost” $6.5 trillion.

US military, law enforcement, responsible citizens, and all with Oaths to support and defend the US Constitution against all enemies, foreign and domestic, face an endgame choice:

How military and law enforcement choose to honor their Oaths in creative adaptation to the rogue state is up to them. We the People can help with our educated voices in this Emperor’s New Clothes environment whereby these crimes only persist from public ignorance.

In just 90 seconds, former US Marine Ken O’Keefe powerfully states how you may choose to voice “very obvious solutions”: arrest the criminal leaders (video starts at 20:51, then finishes this episode of Cross Talk):

Our condition requiring YOUR voice is what Benjamin Franklin predicted would be the eventual outcome of the United States. On September 18, 1787, just after signing the US Constitution, Ben met with members of the press. He was asked what kind of government America would have. Franklin warned: “A republic, if you can keep it.” In his speech to the Constitutional Convention, Franklin admonished: 

“This [U.S. Constitution] is likely to be administered for a course of years and then end in despotism… when the people shall become so corrupted as to need despotic government, being incapable of any other.”  – The Quotable Founding Fathers, pg. 39.

These warnings extend to all social science teachers of the present:

“As educators in the field of history–social science, we want our students to… understand the value, the importance, and the fragility of democratic institutions. We want them to realize that only a small fraction of the world’s population (now or in the past) has been fortunate enough to live under a democratic form of government.” – History-Social Science Framework for California Public Schools, pgs. 2, 7-8

Do you have the intellectual integrity and moral courage to at least act with the honesty of a child to speak the Emperor’s New Clothes truth? Remember, I’m just asking you to use your voice in a democratic republic to ask US military and various law enforcement to honor their Oaths and do the job we pay them for: protect and defend the US Constitution against all enemies, foreign and domestic. There is no greater enemy than those committing treason to war-murder US military by lying them into invasive illegal Wars of Aggression.

The converse argument is that US military and law enforcement should not enforce our most important laws, especially not those that annually kill millions, harm billions, and loot trillions. Of course, this argument is Orwellian.

Cause a lawful end to the dictatorial US rogue state

In conclusion, this essay has reminded you of what you already know: laws are meant to be simple and helpful, what you’ve suspected about the wars is demonstrated as true with a few clear facts, and that your voice is essential if we are to maintain our republic from devolving into dictatorship (literally being dictated/told what the rules are rather than knowing them ourselves).

To remind you of other history that demonstrates this has been an ongoing problem of what is most accurately described as a rogue state: a “top ten” list of state crimes supporting today’s arrests in a constitutional republic:

  1. Introduction to define ‘rogue state’ as perfect match with US illegal Wars of Aggression, Crimes Against Humanity, dictatorial government
  2. The US violated ~600 treaties with Native Americans to steal Native American land. A treaty is signed by a US President, approved by 2/3 vote of the US Senate, and under Article VI of the US Constitution becomes US “supreme Law.” These ongoing “in your face” violations of “supreme Law” became the precedent to typical hypocritical and unlawful US policies of the present.
  3. US President Polk lied to Congress (with their approval) to initiate War of Aggression on Mexico. The result was the US illegally stealing 40% of Mexico in 1848. Congress opposed Abraham Lincoln’s crystal-clear explanation as a member of Congress that the Adams-Onís Treaty placed the so-called “border dispute” 400 miles within land forever promised to Mexico and forever promised as outside any US claim.
  4. The US violated our treaty with Hawaii and stole their country in 1898.
  5. The US reneged on promises of freedom after the Spanish American War to impose colonialism on the Philippines, and install US-friendly dictators in Cuba. US military slaughtered resisters, calling them yesterday’s version of “terrorists.”
  6. The US entered WW1 upon no national security threat to the US, and imprisoned the 3rd party presidential candidate for challenging “official reasons” for war.
  7. The CIA had several covert wars; perhaps most important in today’s context of war on Iran: “Operation Ajax” that overthrew Iran’s democracy and installed a US-friendly and brutal dictator.  When that dictator was overthrown and Iran refused another, the US aided Iraq to unlawfully invade and attack Iran from 1980-1988; killing up to a million Iranians. If the US lied and acted twice to unlawfully overthrew Iran’s democracy within many of our own lifetimes, shouldn’t we assume first another lie-started unlawful war today?
  8. The Vietnam War followed US permission to cancel the election to unify the country. The US stopped democracy to keep a friendly government, and perhaps to have ongoing live weapons testing and development. War escalated with the Gulf of Tonkin incident,  deliberate provocation to manipulate a false-flag event for “defensive” war.
  9. Perhaps most disturbing is the King Family civil suit that found the US government guilty in the assassination of Dr. King (and here). Corporate media, including our text publishers, omit this history. The King family’s conclusion is that Martin was assassinated to prevent his “Occupy DC” plan beginning for the summer of 1968 to end his version of today’s wars.
  10. We now know from Congressional reports that all “reasons” for war with Iraq were known to be false as they were told.
  11. The two “reasons” for war with Iran are as false as the “reasons” for war with Iraq: Iran never threatened Israel, and Iran’s nuclear energy and medicine programs are IAEA-verified as completely safe and lawful.

If We the People don’t speak, we will have more of the same.

And if We the People speak simply and confidently, we’ll win this contest.

Victory for a future brighter than we can imagine can and will happen in an Emperor’s New Clothes moment when We the People apply basic education to what matters most.

More war is planned and propagandized if you do not speak

Two minutes of retired General Wesley Clark, Supreme Allied Commander of NATO:

Video evidence of psychopathic lying to incite war-murders of Iranians:

A Call for Truth & Reconciliation, and minions of evil to reclaim their hearts and humanity

For those involved in support of US government-sponsored disinformation and massive crimes that annually kill millions, harm billions, and loot trillions of the 99%’s dollars, I invite you to consider the quality of human relationships you wish to work for in creating your/our future.

National security and a brighter future is not a function of fear, manipulation, and psychopathic control. Our best security follows cooperation, justice under the law, dignity, and freedom. Surely you recognize that all promised natural rights in America are now gone, and the 99.99% are herded by the .01% as their work animals.

Working for your best imagined self-expression of virtue may include a unique contribution from the inside of your agency. You, as Darth Vader and Professor Snape in fictions that are popular for strong resonance to a real story we all want told, can reclaim your hearts and honor to be our heroes.

Truly, aren’t you ready now to re-embrace love and honor as your path?

Please consider the wisdom of a “Scrooge conversion” to act for the benefit of all humanity rather than your self-proclaimed loveless “masters.” From Dickens’ 1843 text:

“Scrooge was better than his word. He did it all, and infinitely more; and to Tiny Tim, who did not die, he was a second father. He became as good a friend, as good a master, and as good a man, as the good old city knew, or any other good old city, town, or borough, in the good old world. Some people laughed to see the alteration in him, but he let them laugh, and little heeded them; for he was wise enough to know that nothing ever happened on this globe, for good, at which some people did not have their fill of laughter in the outset; and knowing that such as these would be blind anyway, he thought it quite as well that they should wrinkle up their eyes in grins, as have the malady in less attractive forms. His own heart laughed: and that was quite enough for him.”

4-minute video of Darth Vader’s choice to serve love, family, and community rather than vicious psychopathic hatred:

Public attraction to the stories of Star Wars and the Harry Potter books/movies recognize that our society’s jump to civilized relations for all of us might require support from people within the “dark side” acting as covert agents for building a brighter future.

Both Darth Vader (see video) and Professor Snape realized they were only tools of powers above them, things to be manipulated rather than sentient beings of free will. The severest irony is they both recognized their service to the “dark side” included deaths of their loved-ones and even themselves whenever convenient to their “masters.” That was Snape’s ending, although his path was taken with honor to infiltrate the darkness (4-minute video):

But that should be an obvious conclusion to those working in the real-world version of these analogies. We see it in the macro picture of millions killed every year through war and poverty, and in micro with individuals who we know.

For years, I have recommended Truth and Reconciliation to exchange full truth and return of public assets for no prosecution and a guaranteed provided comfortable retirement. Indeed, I am prepared to speak on the .01%’s corporate media to present this option with full confidence it is the most efficient in ending the crimes and avoiding a violent end-game as the .01% are recognized for who they really are by the 99.99%.

“Every day, I saw more evidence about the evils humankind will inflict on their fellow humans to gain or maintain power…What is more, those who choose not to empathize may enable real monsters. For without ever committing an act of outright evil ourselves, we collude with it through our own apathy…If you choose to use your status and influence to raise your voice on behalf of those who have no voice; if you choose to identify not only with the powerful, but with the powerless; if you retain the ability to imagine yourself into the lives of those who do not have your advantages, then it will not only be your proud families who celebrate your existence, but thousands and millions of people whose reality you have helped transform for the better. We do not need magic to change the world, we carry all the power we need inside ourselves already: we have the power to imagine better.”  – J. K. Rowling, Harvard Commencement, June 5, 2008.

Minions to the evil .01%: does this 1-minute video artistically represent your memories, too?

Will you continue to defend your loveless and psychopathic “masters,” or reclaim your hearts and humanity for the Everyday People these .01% annually kill in the millions, harm in the billions, and loot by the trillions of dollars? Playing For Change’s artistic 3-minutes:

**

Note: I make all factual assertions as a National Board Certified Teacher of US Government, Economics, and History, with all economics factual claims receiving zero refutation since I began writing in 2008 among Advanced Placement Macroeconomics teachers on our discussion board, public audiences of these articles, and international conferences. I invite readers to empower their civic voices with the strongest comprehensive facts most important to building a brighter future. I challenge professionals, academics, and citizens to add their voices for the benefit of all Earth’s inhabitants.

Carl Herman is a National Board Certified Teacher of US Government, Economics, and History; also credentialed in Mathematics. He worked with both US political parties over 18 years and two UN Summits with the citizen’s lobby, RESULTS, for US domestic and foreign policy to end poverty. He can be reached at Carl_Herman@post.harvard.edu

Note: Examiner.com has blocked public access to my articles on their site (and from other whistleblowers), so some links in my previous work are blocked. If you’d like to search for those articles other sites may have republished, use words from the article title within the blocked link. Or, go to http://archive.org/web/, paste the expired link into the box, click “Browse history,” then click onto the screenshots of that page for each time it was screen-shot and uploaded to webarchive. I’ll update as “hobby time” allows; including my earliest work from 2009 to 2011 (blocked author pages: herehere).

**

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  • Silverado

    All the more reason to vote for the only sane, non-politician on the ballot in November who could probably do something about even this – Donald Trump. And that’s why he’ll get my vote. And besides who else would I vote for Crooked Hillary? Not a chance. I’d quit voting instead. The Libertarian’s? That’s a wasted vote (at least that’s what they always told me when I voted for Ron Paul several years ago). Nope, the enemy of my enemy (the D’s) is my friend and that’s why the Donald will get my vote in November. And that’s the risk I’ll take…gladly.

    • Carl_Herman

      Take your best shot, make your best call. That’s all anyone can do 🙂

  • Brockland A.T.

    Of course Herman, the war in Syria will magically stop now because the UN Security Council will surely declare it illegal.

    NOT. The U.S. has a veto and there are no penalty for perfidy like suspension of veto because that would be abused against Russia and China.

    I’m not seeing any enforcement mechanism here.

    • Carl_Herman

      Of course, Bro, your statement is not a straw man argument but exactly what I advocate for if the unicorns and rainbows don’t stop the war first.

      Let’s accept your argument that ethical lawyers would throw up their hands and find nothing to do about an illegal and lie-started War of Aggression. Exactly as I’ve been writing for years as “categories of crime include”, what other crimes associated with lying to the public to take public money in the trillions to commit war-murders and damages (including to US military) do you see could be enforced? What about treason and/or other categories of crime you see?

      • Brockland A.T.

        You’re ignoring the need for fair laws, clear laws and enforceable laws to fill the gaps uncovered by lawyers and courts. Your objective therefore, however unrealistic, is political power, not justice.

        So far we have only have half the framework for war crimes enforcement; we can identify the crimes. What’s missing are the teeth to evaluate and enforce those findings as judiciable rather than political items.

        This can only come from The People demanding those laws be put into place. Demanding arrests without legal foundation leaves the nonjudiciable loopholes in place for future abuse including by putative saviors making ‘arrests’ that would amount to a coup.

        Again, I’m not a fan of the failures of the real Nuremberg trails, but the ideal of Nuremberg albeit unrealized shouldn’t be ignored. Especially if Herman represents the kind of intellectual vacuum most likely to be applied to the problem.

        https://lareviewofbooks.org/article/getting-away-war-torture/

        • Carl_Herman

          Thanks for dodging the question to attempt ad hominem. Here’s the question again:

          “Exactly as I’ve been writing for years as “categories of crime include”, what other crimes associated with lying to the public to take public money in the trillions to commit war-murders and damages (including to US military) do you see could be enforced? What about treason and/or other categories of crime you see?”

          • Brockland A.T.

            I see the nonjudiciable offense loophole closing off all avenues of legal redress under the current legislative order save through the political process. The crimes are not associated with any judicial enforcement mechanism but are considered political questions by the courts.

            https://en.wikipedia.org/wiki/Political_question

            There apparently needs to be laws firmly assigning judiciable remedy to specific crimes therefore making the nonjudiciable judiciable and the presently legally unaccountable, accountable.

            Unlawful arrests as you recommend will not make this happen as by definition unlawful arrests presume to suspend rule of law.

            I also see you deliberately trying to provoke insult with your ongoing patronizing tone. Don’t be surprised if I appear to take you up on that now and then with appropriate descriptions of your character.

            You’re constantly restating the question as are U.S. wars illegal, to which the answer can only be yes, then trying to leave it there.

            What you’re leaving out to try and win, is that there is no enforcement mechanism legislated into place to cover crimes found by the courts to be nonjudiciable political questions requiring political, not judicial, adjudication.

            So its not up to cops and soldiers to make arrests, but for people to demand fair laws, clear laws, and enforceable laws.

            If you insist on baiting them to make unlawful arrests, I will in fair reciprocity demand you make those arrests yourself.

          • Carl_Herman

            Thank you for being clear: you see no cause for arrests for what I asked: “crimes associated with lying to the public to take public money in the trillions to commit war-murders and damages (including to US military) do you see could be enforced? What about treason and/or other categories of crime you see?”

            Thank you for offering that interpretation for the consideration of law enforcement and military professionals to best resolve their ethical actions.

          • Brockland A.T.

            Again, you continually misrepresent my position and conflate two separate problems as one.

            First, there is no question neocon-derived U.S. wars are illegal. Second, it is exceedingly difficult to get this finding formally recognized by the courts.

            https://en.wikipedia.org/wiki/Political_question

            https://en.wikipedia.org/wiki/Justiciability

            Therefore, arrests made on the pretext of illegal wars are not lawful because the illegal wars are not formally legally recognized in the U.S. as illegal.

            You are advocating unlawful behavior from responsible others who clearly must know better, and preying upon and promoting the public lack of education and experience of real lawful practice.

            In other words you’re lying to people that soldiers and cops can arrest high officials for illegal war activities to preserve your faulty and groundless arrests narrative. They can’t. Its very clear.

            The People must ask for fair laws, clear laws, and enforceable laws of their lawmakers to hold those executive and legislative officials accountable. Yet you steer them away from demanding something like an American Nuremberg and instead advocate useless unlawful actions.

            http://www.berkeleydailyplanet.com/issue/2016-07-08/article/44654?headline=American-Nuremberg-Putting-Washington-s-War-Criminals-on-Trial–Book-review-by-Gar-Smith

          • Carl_Herman

            I understand you perfectly: you claim no enforcement mechanism for war law. You’ve missed my counterpoint: assume you’re correct.

            Got that?

            Now, here’s the connected question again: “you see no cause for arrests for what I asked: “crimes associated with lying to the public to take public money in the trillions to commit war-murders and damages (including to US military) do you see could be enforced? What about treason and/or other categories of crime you see?”

          • Brockland A.T.

            Your counterpoint is mostly your original argument restated with the desperate addition of lying to the public for public money – which politicians do all the time – for which sometimes corruption charges happen, but mostly not.

            Yet tied back to war-murders, which again falls into nonjusticeable territory and takes the attendant baggage along with it.

            You are again resorting to misdirection, trying to get me to chase red herrings and deceive readers by conflating separate issues while avoiding the core argument. The political question doctrine that renders your core charges of illegal war nonjusticiable and without legal standing in U.S. domestic law for making lawful arrests.

            https://en.wikipedia.org/wiki/Red_herring

            Your original argument also does not cover actual war murder cases such as 2nd LT. William Calley, who was not a high government official.

            https://en.wikipedia.org/wiki/William_Calley#Murder_trial

            You don’t seem to get that whole honesty and integrity thing but its a very important quality to have.

            Its neither an expression of honesty nor an expression of integrity to demand soldiers and cops make unlawful arrests. Especially when you know better or at least wouldn’t dare take such risks yourself.

            Its not an expression of honesty and integrity to deceive readers into supporting that call by exploiting their ignorance of the law.

            Its not an expression of honesty and integrity to link to the valid work of other researchers and activists who are not calling for arrests as if to imply your work is of equal quality (its not) and they too would approve of making (unlawful) arrests (not darn likely).

            You have yet to produce the silver bullet slaying the Political Question Doctrine.

            https://en.wikipedia.org/wiki/Political_question

            Hopefully Captain Nathan Smith has better luck with his far more intelligent approach.

            https://www.lawfareblog.com/analysis-lawsuit-challenging-war-against-isil

          • Carl_Herman

            I’m so trying to wrap this up: interested readers have opportunity to discern that your argument is that law is not law, but political questions subject to dictatorial decree.

            Yes, some legal questions are meant for interpretation when the facts are close to the legal limit, such as an umpire in baseball calling a close pitch. THIS IS NOT APPLICABLE WHEN THE FACTS ARE IN ORWELLIAN OPPOSITION TO THE LAW.

            You dodge the question of treason and then state DoD looting trillions is “a lie” and somehow not a crime just because the crime is constant. Wow. Ok, stand wherever you conclude is most responsible as a citizen, Bro.

            To close: I appreciate your argument as an example I never would have thought of for those of us demonstrating unlawful US Wars of Aggression. We’ve both made our cases for interested readers to consider.

            Thank you, Bro.

          • Brockland A.T.

            So as not to get lost in the shuffle, this deserves a separate post.

            The ultimate enforcement mechanism is The People, calling upon legislators for fair laws, clear laws and enforceable laws. How is this not obvious? The People can’t tell the courts where to go but they can tell politicians where to go for as long as elections are needed to validate the government.

            Not the soldiers, not the police, The People because the United States is not supposed to be a military dictatorship or a police state. Does this register with your tiny closed mind?

            Rebecca Gordon has called for an American Nuremberg. Its a valid idea worth promoting over spurious calls to have soldiers and police make unlawful arrests.

            http://www.berkeleydailyplanet.com/issue/2016-07-08/article/44654?headline=American-Nuremberg-Putting-Washington-s-War-Criminals-on-Trial–Book-review-by-Gar-Smith

            People like yourself have no chance of instigating a coup, but sure gum up cool and clearheaded honest public discussion of issues.