Anti-Imperialism/Foreign Policy

OBITUARIES FOR NUREMBERG PROSECUTOR ERASE HIS BELIEFS ABOUT THE U.S.

Benjamin Ferencz repeatedly said George W. Bush and his administration should be tried for the Iraq War.

BENJAMIN FERENCZ DIED last week at the age of 103. Ferencz was the last surviving member of the team of prosecutors at the Nuremberg trials after World War II, which led to the convictions of many top Nazi officials and since been understood as the exemplar of justice for war crimes.

Ferencz served in the U.S. Army during the war and in its aftermath investigated the conditions at the Buchenwald, Mauthausen, and Dachau concentration camps. He spent the rest of his life advocating for the creation of an international criminal court and accountability for war criminals generally.

These facts appear in his obituaries. What’s missing from all of them in major outlets — including the New York Times, the Washington Post, the BBC, The Guardian, Reuters, and the Associated Press — is Ferencz’s belief that top members of the George W. Bush administration, including Bush himself, should have been tried for war crimes for the Iraq War.

This is not obscure, difficult-to-obtain information. In 2002, the Times published a letter to the editor from Ferencz stating that “a preemptive military strike [on Iraq] not authorized by the Security Council would clearly violate the UN Charter that legally binds all nations.” In December 2003, Ferencz said in an interview, “The invasion by the U.S. of Iraq, I think, would also qualify under the Nuremberg principles as a violation of international law. … If you’re going to have that kind of a factual situation as we have in Iraq, I think the first trial should be a trial which is absolutely fair and should include all the principle perpetrators and planners of the crimes which occurred.” Ferencz wrote the foreword to a 2009 book titled “George W. Bush, War Criminal?: The Bush Administration’s Liability for 269 War Crimes.” He also wrote the foreword for another book, “Blood on Our Hands: The American Invasion and Destruction of Iraq.”

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