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The Legal aspects of Nuclear Warfare
Sun Aug 9, 2015 05:30

The Legal aspects of Nuclear Warfare


Eustace C. Mullins, Ezra Pound World Peace Foundation Japanese-American Friendship Society and the People of Japan,


The United States Government, Defendant.

The plaintiffs bring this action before the World Court of International Justice to resolve the following charges:

1. Defendant conspired to commit war crimes against the people of Japan during World War II.

2. Defendant conspired to commit atrocities against the people of Japan during World War II.

3. Defendant conspired to subsequently evade and cover up these crimes by militarily occupying the nation of Japan, effectively preventing the people of Japan from seeking legal recourse for the actions of defendant. Defendant continues to militarily occupy Japan today, with 49,999 troops stationed there, on the pretext that the Soviet Union might attack. This pretext ignores the geopolitical fact that the Soviet Union collapsed in 1989 and does not pose a threat to anyone.

4. Defendant conspired to commit crimes of genocide against the people of Japan, motivated by racial hatred and religious bigotry.

5. Defendant violated the Hague agreements and the Geneva Convention, as determined by the World Court in June 1996, by making war against civilians and inflicting millions of casualties by firebombing Japanese cities and the atomic bombing of Hiroshima and Nagasaki during World War II.

6. After committing these crimes, defendant conspired to cover up these crimes by issuing a number of false statements, denying war crimes, and distortions of fact to evade any punishment for these war crimes.

7. Defendant also conspired to conceal from the American people the circumstances behind the commission of these war crimes, that a small group of conspirators, refugees from Europe, came to the United States and infiltrated the government of the United States, and in total secrecy launched the project to manufacture an atomic bomb for use against Germany and Japan. At no time during this conspiracy were the people of the United States aware of what was taking place, nor consulted for their approval, in violation of republican'principles and the Constitution of the United States.

8. Since World War II, defendant has conducted a worldwide program of atomic terrorism, called atomic diplomacy, to ensure that its program continues unabated, and without punishment.

9. Although Japan had been reduced to ashes by June 1945, defendant insisted that an invasion was necessary, while ignoring peace tenders from Japan since May 1945, and defendant further claimed that the American military would suffer one million war dead while invading Japan, and that it was necessary to drop the atomic bombs on Hiroshima, August 6, 1945, and Nagasaki, August 9, 1945. In fact, as Admiral William D. Leahy pointed out in his book, I Was There, "the invasion itself was never authorized." General Dwight D. Eisenhower, Supreme Military Commander, Admiral William D. Leahy, Air force General Curtis LeMay, and many other American military leaders, made public statements that it was not necessary to drop the atomic bombs. Political considerations dictated that it be dropped on Japan, in order to test it on a living population, and, if possible, to "tally" a million or more victims with the bombs, for the purpose of postwar intimidation of all other nations.

10. The atomic bomb was the creation of a small group of European refugees, whose efforts to develop such a bomb in Europe had been indignantly rejected. Albert Einstein, the physicist, wrote a personal letter to President Franklin D. Roosevelt, August 2, 1939, recommending that this bomb be built by the United States. His letter was hand-delivered to Roosevelt by Alexander Sachs, a Wall Street speculator. The atomic bomb program was directed from behind the scenes by another Wall Street speculator, Bernard Baruch, an agent of the Rothschilds. Baruch selected Major General Leslie Groves as the director of the project, and J. Robert Oppenheimer as science director of the program. Baruch continued to issue directives throughout the program, insisting to Major General Groves that the city of Kyoto be the primary target of the atomic bombs. Military leaders opposed this selection, pointing out that Kyoto was the ancient capital of Japan, and a religious center with more than two hundred ancient temples. Hiroshima and Nagasaki were finally chosen, although neither of these cities offered a primary military target. Baruch continued to dictate decisions on the atomic bomb, through the President's National Defense Research Committee, chaired by Baruch's Washington representative, James F. Byrnes.

11. After the devastation of Hiroshima and Nagasaki, defendant perpetrated a number of outright falsehoods to avoid blame for these massacres of civilians. The first was that the inhabitants were warned by leaflets dropped over the city that an atomic bomb would be used. In fact, the leaflets were not dropped until August 10, after the bombs had exploded. The President's Committee had resolved on May 31, 1945 that "we could not give the Japanese any warning." The second falsehood was that an invasion of Japan would be necessary if the atomic bomb was not used; this would cost a million American lives. Many leading American military authorities state this is absolutely false. The third falsehood was that both cities were "key military targets". President Truman boasted in his private papers that "in 1945 I had ordered the atomic bomb dropped on Japan at two places devoted almost exclusively to war production."

In fact, more than 95% of the dead at Hiroshima and Nagasaki were civilians. Only 4.4% of the death toll was made up of military personnel. A fourth falsehood, printed in the New York Times September 5, 1945, was that the victims had suffered no radiation damage. This story was written by William L. Laurence, the paid propagandist for the War Department with exclusive rights to material on the atomic bomb. Laurence quoted Major General Groves that the Japanese "are attempting to create sympathy for themselves".

12. The Legation of Switzerland in Tokyo forwarded to the defendant a statement from the Japanese government, the complaint that "the city of Hiroshima is a provincial town without any protection or military installations of any kind, but also none of the neighboring regions or towns constitutes a military objective." Observers on the scene recorded that "strictly military damage was insignificant."

13. The most authoritative official United States unit during World War II was the U.S. Strategic Bombing Survey, which selected targets and analyzed the results of the bombings for the benefit of future missions. Their report of July 1, 1946 states, "the Hiroshima and Nagasaki bombs did not defeat Japan, nor by the testimony of the enemy leaders who ended the war did they persuade Japan to accept unconditional surrender. The Emperor, the lord privy seal, the prime minister, the foreign minister, and the navy minister had decided as early as May 1945 that the war should be ended even if it meant acceptance of defeat on allied terms... It is the Survey's opinion that certainly prior to December 1, 1945, and in all probability prior to November 1, 1945, Japan would have surrendered even if the atomic bombs had not been dropped and even if no invasion had been planned or contemplated."

14. This proves that the destruction of Hiroshima and Nagasaki were war crimes deliberately committed, with foreknowledge that it was not necessary to drop the atomic bombs on these two cities. As David Lawrence, founder and editor of U.S. News And World Report, wrote in his editorial November 23, 1945, "the truth is we are guilty. Our conscience as a nation must trouble us. We must confess our sin. We have used a horrible weapon to asphyxiate and cremate more than 100,000 men, women and children in a sort of super-lethal gas chamber—­and all this in a war already won or which spokesman for our Air Forces tell us we could have readily won without the atomic bomb."

15. The world leader and pacifist Mahatma Gandhi spoke sadly about the tragedy of Hiroshima and Nagasaki. "The atomic bomb has deadened the finest feelings which have sustained mankind for ages. There used to be so-called laws of war which made it tolerable. Now we understand the naked truth. War knows no law except that of might. The atomic bomb brought an empty victory to the Allied armies. It has resulted for the time being in the soul of Japan being destroyed. What has happened to the soul of the destroying nation is yet too early to see."

16. Defendant is in violation of the Geneva Convention. Protocol 2, Scope of Application of Humanitarian Law, states: 1. "International humanitarian law is applicable to international armed conflicts. The international law of peace existing between the states concerned will thus be large superseded by the rules of international humanitarian law.... A state can not, therefore, be allowed to invoke military necessity as a justification for upsetting that balance by departing from those rules."

17. IV. Humanitarian Requirements and Military Necessity. "In war, a belligerent many apply only that amount and kind of force necessary to defeat the enemy. Acts of war are only permissible if they are directed against military objectives, if they are not likely to cause unnecessary suffering, and if they are not perfidious." The bombing of Hiroshima and Nagasaki clearly falls outside the scope of this ruling, being civilian targets, the bombing caused unnecessary suffering, and defendant's attempted justification was openly perfidious.

18. 129. If an act of war is not expressly prohibited by international agreements or customary law, this does not necessarily mean that it is actually permissible. The so-called Martens Clause, developed by the Livonian professor Friedrich von Martens (1845-1909) delegate of Tsar Nicholas II at the Hague Peace Conferences, which has been included in the Preamble to the 1907 Hague Convention IV and reaffirmed in the 1977 Additional Protocal I as stated below, will always be applicable. In cases not covered by the Protocol or by other international agreement, civilians and combatants remain under the protection and authority of the principles of international law derived from established custom, from the principles of humanity, and from the dictates of public conscience. (Artl., pars. 2 AP 1; see also Preamble pars. 4 AP II)

19. Protocol I—Part IV. Section i. "....the obligation of the Parties to the conflict to 'at all times distinguish between the civilian population and combatants'." Article 48—Basic rule, "the prohibition of 'indiscriminate attacks'." Article 51—Protection of the civilian population, paragraph 4, in particular "an attack by bombardment by any method or means which treats as a single military objective a number of clearly separated and distinct military objectives, located in a city, town, village or other area containing a similar concentration of civilians or civilian objects" (Article 51—Protection of the civilian population paragraph 5 (a) and "an attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated (article 51—Protection of the civilian population, paragraph 5 [b]).

20. Protocal I—Part IV, Section 1. "Protection of civilians from arbitrary and oppressive enemy action, outlined in 1899, and later in 1907, was expressed in its most complete form in the Fourth Geneva Convention of 1949, which is now supplemented by this Protocol.

WHEREFORE, the plaintiffs respectfully move this Court to hear these charges of conspiracy to commit war crimes and atrocities, conspiracy to cover up their crimes, motivated by racial hatred and religious bigotry, and having intimidated the government of Japan and prevented them from seeking any redress for these crimes, and by defendant's ongoing program of atomic terrorism, perfidious falsehoods, and their continuing conspiracy to cover up crimes of genocide, mass murder and undue suffering among their victims, and that the Court shall hear these charges, decide upon appropriate damages, and punishment for the offenders.

Respectfully submitted

Eustace C. Mullins

as a citizen in party, the movant, having firsthand knowledge of the facts.

Eustace C. Mullins 126 Madison Place Staunton, VA 24401 540-886-5580 ^

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