If the Nuremberg laws were applied, then every post-war American president would have been hanged.
It is the fundamental duty of the citizen to resist and to restrain the violence of the state. Those who choose to disregard this responsibility can justly be accused of complicity in war crimes, which is itself designated as ‘a crime under international law’ in the principles of the Charter of Nuremberg.
On May 27, the New York Times published one of the most incredible sentences I’ve ever seen. They ran an article about the Nixon-Kissinger interchanges. Kissinger fought very hard through the courts to try to prevent it, but the courts permitted it. You read through it, and you see the following statement embedded in it. Nixon at one point informs Kissinger, his right-hand Eichmann, that he wanted bombing of Cambodia. And Kissinger loyally transmits the order to the Pentagon to carry out "a massive bombing campaign in Cambodia. Anything that flies on anything that moves."
That is the most explicit call for what we call genocide when other people do it that I’ve ever seen in the historical record. Right at this moment there is a prosecution of Milošević going on in the international tribunal, and the prosecutors are kind of hampered because they can’t find direct orders, or a direct connection even, linking Milošević to any atrocities on the ground. Suppose they found a statement like this. Suppose a document came out from Milošević saying, "Reduce Kosovo to rubble. Anything that flies on anything that moves." They would be overjoyed. The trial would be over. He would be sent away for multiple life sentences - if it was a U.S. trial, immediately the electric chair.
If something is right (or wrong) for us, it’s right (or wrong) for others. It follows that if it’s wrong for Cuba, Nicaragua, Haiti, and a long list of others to bomb Washington and New York, then it’s wrong for Rumsfeld to bomb Afghanistan (on much flimsier pretexts), and he should be brought before war crimes trials.