the daily snivel

When U.S. President George W. Bush arrives in Ottawa — probably later this year — should he be welcomed? Or should he be charged with war crimes?

It's an interesting question. On the face of it, Bush seems a perfect candidate for prosecution under Canada's Crimes against Humanity and War Crimes Act.

This act was passed in 2000 to bring Canada's ineffectual laws in line with the rules of the new International Criminal Court. While never tested, it lays out sweeping categories under which a foreign leader like Bush could face arrest.

In particular, it holds that anyone who commits a war crime, even outside Canada, may be prosecuted by our courts. What is a war crime? According to the statute, it is any conduct defined as such by "customary international law" or by conventions that Canada has adopted.

War crimes also specifically include any breach of the 1949 Geneva Conventions, such as torture, degradation, wilfully depriving prisoners of war of their rights "to a fair and regular trial," launching attacks "in the knowledge that such attacks will cause incidental loss of life or injury to civilians" and deportation of persons from an area under occupation.

Outside of one well-publicized (and quickly squelched) attempt in Belgium, no one has tried to formally indict Bush. But both Oxfam International and the U.S. group Human Rights Watch have warned that some of the actions undertaken by the U.S. and its allies, particularly in Iraq, may fall under the war crime rubric.

The case for the prosecution looks quite promising. First, there is the fact of the Iraq war itself. After 1945, Allied tribunals in Nuremberg and Tokyo — in an astonishing precedent — ruled that states no longer had the unfettered right to invade other countries and that leaders who started such conflicts could be tried for waging illegal war.

Concurrently, the new United Nations outlawed all aggressive wars except those authorized by its Security Council.

Today, a strong case could be made that Bush violated the Nuremberg principles by invading Iraq. Indeed, U.N. Secretary-General Kofi Annan has already labelled that war illegal in terms of the U.N. Charter...

...

... Because what I found in my reading [of reactions to the loss] was a plethora of bashing Christians, bashing Kerry, bashing gays, bashing Edwards, bashing Kos, bashing America and bashing each other. As well as a lot of people saying they’re abandoning the Democrats, abandoning politics, abandoning the country. This descent into despair and irrationality and surrender puts icing on the Republican victory cake.

Why were we in this fight in the first place? Because terrible leaders are doing terrible things to our country and calling this wonderful. Because radical reactionaries are trying to impose their imperialist schemes on whoever they wish and calling this just. Because amoral oligarchs are determined to enhance their slice of the economic pie and calling this the natural order. Because flag-wrapped ideologues want to chop up civil liberties and call this security. Because myopians are in charge of America’s future.

We lost on 11/2. Came in second place in a crucial battle whose damage may still be felt decades from now. The despicable record of our foes makes our defeat good reason for disappointment and fear. Even without a mandate over the past four years, they have behaved ruthlessly at home and abroad, failing to listen to objections even from members of their own party. With the mandate of a 3.6-million vote margin, one can only imagine how far their arrogance will take them in their efforts to dismantle 70 years of social legislation and 50+ years of diplomacy.

Still, Tuesday was only one round in the struggle. It’s only the end if we let it be. I am not speaking solely of challenging the votes in Ohio or elsewhere – indeed, I think even successful challenges are unlikely to change the ultimate outcome, which is not to say I don’t think the Democrats should make the attempt. And I’m not just talking about evaluating in depth what went wrong, then building on what was started in the Dean campaign to reinvigorate the grassroots of the Democratic Party, although I also think we must do that. I’m talking about the broader political realm, the realm outside of electoral politics that has always pushed America to live up to its best ideals and overcome its most grotesque contradictions.

Not a few people have spoken in the past few hours about an Americanist authoritarianism emerging out of the country’s current leadership. I think that’s not far-fetched. Fighting this requires that we stick together, not bashing each other, not fleeing or hiding or yielding to the temptation of behaving as if “what’s the use?”

It’s tough on the psyche to be beaten.Throughout our country’s history, abolitionists, suffragists, union organizers, anti-racists, antiwarriors, civil libertarians, feminists and gay rights activists have challenged the majority of Americans to take off their blinders. Each succeeded one way or another, but not overnight, and certainly not without serious setbacks.

After a decent interval of licking our wounds and pondering what might have been and where we went wrong, we need to spit out our despair and return – united - to battling those who have for the moment outmaneuvered us. Otherwise, we might just as well lie down in the street and let them flatten us with their schemes.