The U.S. Deserves Its Own Nuremberg Trials

By Robert Scheer

March 24, 2019 "Information Clearing House" Are Americans capable of committing atrocities on the same scale as Germans did under Nazi rule? That is the question that University of San Francisco ethics professor Rebecca Gordon and Truthdig Editor in Chief Robert Scheer grapple with in the latest installment of “Scheer Intelligence.” Gordon, author of “Mainstreaming Torture” and “American Nuremberg,” posits that if America’s actions in the Middle East, especially in Iraq, were to be scrutinized the way Nazi Germany’s crimes were probed in the aftermath of World War II, the U.S. would likely also be found guilty of crimes against humanity.

Gordon begins her comparison by exploring the main charge levied against Nazis during the Nuremberg trials, which was committing a crime against peace due to Germany’s breach of the 1928 Kellogg-Briand Pact, which, she explains, “essentially outlawed war.” American prosecutors in the mid-20th century insisted that this initial crime was the unlawful act from which all other crimes committed by the Nazis originated.

“By comparison,” the author tells Scheer, “I look at the Bush-Cheney administration’s decision to make an unnecessary and illegal war, both in Afghanistan and especially in Iraq.

“It’s very clear from the documentary record that exists that the main reason people were being tortured [by the U.S. before the Iraq War began] was because they wanted to get somebody somewhere to say that Saddam Hussein was in league with al-Qaida, so that there could be an excuse for invading Iraq,” Gordon says.

Throughout the so-called war on terror, the ethics expert says, the U.S. has also violated several rules set forth in just-war theory, including what constitutes collateral damage and proportionality, in its slaughter of countless Iraqi civilians.

“We took what had been one of the most vibrant, developed and cosmopolitan countries in that part of the world—which was Iraq—and we essentially did what [U.S. military officials] used to say they wanted to do to North Vietnam: bombed it back to the Stone Age,” Gordon says.

Listen to Scheer and Gordon discuss a range of moral issues that Americans for several generations have swept under the rug as the government both openly and secretly commits crimes in their name abroad. You can also read a transcript of the interview below the media player.

Robert Scheer: Hi, this is Robert Scheer with another edition of Scheer Intelligence. The intelligence comes from my guests. In this case, it’s Rebecca Gordon. And she has her doctorate in ethics and social theory. I teach ethics at USC; you teach at the University of San Francisco, which is a Catholic school, so presumably with all their difficulties they’re still concerned about ethics. And actually we have a good pope, in major ways, who’s dealing with the subject I want to talk to you about: the ethics of war making, and the violence that has been unleashed on the world. And you wrote two very important books, maybe the most important in some ways. One is called Mainstreaming Torture, and another is called American Nuremberg. So the question I want to ask you, you know, because we’ve always treated the crimes of others, particularly the Germans, the worst crimes of modern history, as an aberration in the development of the human race. Those people went berserk, crazy, and they were evil; now we have another category, Muslims are evil, they do terrible things. We’re recording this on a day where in New Zealand, some 48 people trying to practice their religion were killed. So we see a lot of crime against Muslims, as there was obviously a lot of crimes against Jews and other people. And in your writing, you’re very clear that the crimes of Nuremberg, of the Nazis, are a low level of evil. But the real question is, the Germans are so much like Americans. They were–largest number of immigrants in this country were Germans; they’re a white, Anglo-Saxon population; they’re highly educated, probably the highest level of music and science at that point. And can it happen here?

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