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American Nuremberg: The U.S. Officials Who Should Stand Trial for Post-9/11 War Crimes

by Rebecca Gordon

4.18 · Rating Details · 17 Ratings · 8 Reviews

No subject is more hotly debated than the extreme measures that our government has taken after 9/11 in the name of national security. Torture, extraordinary rendition, drone assassinations, secret detention centers (or “black sites”), massive surveillance of citizens. But while the press occasionally exposes the dark side of the war on terror and congressional investigator ...more

Hardcover, 176 pages

Published April 5th 2016 by Hot Books (first published March 1st 2016)

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Sep 06, 2016 Naeem rated it really liked it

Rebecca Gordon's task is simple and bold. She wants to create a Nuremberg type of tribunal to indict U.S. policy in the (so called) war on terror. After a chapter on the original Nuremberg, she explains various international laws and their violation by the U.S. under the following headings (each is a chapter): crimes against peace, war crimes, and crimes against human rights.

The argument is not merely abstract. She provides details of various violations/crimes. And at the end of each chapter, s ...more

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Dec 28, 2016 Randall Wallace rated it really liked it

How many Americans know that after WWII, Churchill and Roosevelt wanted to simply execute the Nazi leaders and it was Stalin the dictator who insisted on trials? He argued “that such procedures were necessary to establish a sense of legitimacy in the eyes of world.” The job of the Nuremberg Trials was to “substitute the rule of law for the rule of force.” “Nuremberg Principles declare that actions that violate international law are punishable crimes, regardless of whether those actions happen to How many Americans know that after WWII, Churchill and Roosevelt wanted to simply execute the Nazi leaders and it was Stalin the dictator who insisted on trials? He argued “that such procedures were necessary to establish a sense of legitimacy in the eyes of world.” The job of the Nuremberg Trials was to “substitute the rule of law for the rule of force.” “Nuremberg Principles declare that actions that violate international law are punishable crimes, regardless of whether those actions happen to violate domestic laws.” No one is immune from prosecution, not even a President or someone killing under some else’s orders. The United States “insisted on including the crime of ‘waging a war of aggression’ and placing it at the head of the list.” That’s funny because the United States has been waging clear wars of aggression for decades to complete media silence about the obvious Nuremberg violations. Did you know that “The moment the United States ratified the Geneva Accords, they became the “supreme law of the land” under Article VI of the Constitution”? Obama is supposed to be a constitutional lawyer who promised under oath to respect the constitution, and thus the Geneva Accords, but check out what Andrew Sullivan said: “Obama and attorney-general Eric Holder have decided to remain in breach of the Geneva Conventions and be complicit themselves in covering up the war crimes of their predecessors - which means, of course, that those of us who fought for Obama's election precisely because we wanted a return to the rule of law were conned. Obama is a clear and knowing accessory to war crimes, and should at some point face prosecution as well, if the Geneva Conventions mean anything anymore." The author looks at the concept of preemptive attack under Bush in 2003 and legally muses that given that Iraq knew the US was going to attack it, “would Iraq have been justified (assuming it had the capacity) in attacking the United States?” This book goes deeply into all the different kinds of war crimes our country has been up to and the laws broken. It discusses how when we killed civilians in Fallujah with white phosphorus that violated the 1996 War Crimes Act, and discusses how when we do other stuff it might instead be violation of this or that international law or the Geneva Convention. “If the war on terror is not a war, then the United States had no legal right to kill one of its citizens, such as Anwar –al –Awlaki, without a trial.” Killing without due process, is murder. Nuremberg was a great idea however, “hardly had the last guilty German been sentenced than the Tribunal vanished and no one heard from it again.” The Tribunal showed the world how it needed ‘international jurisdiction’ over matters of war. The book’s author wants a new Russell Tribunal, an American Nuremberg, or some form of accountability for the war machine, the rogue state. Now with Trump poised to become President, we will need this Tribunal that Rebecca requests even more…
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Mar 26, 2016 Melanie rated it it was amazing

Recommends it for: informed citizens and those who are interested in historical overviews.

Shelves: history, politics

No matter how closely you have followed the political, military, and attitudinal fallout after September 11, 2001, you have never read such a concise, analytical, closely-sourced, and cogent overview as this. In clean, spare, unemotional prose, Rebecca Gordon examines how the stage for the Iraq war was set long before that catastrophe, as right-wing strategists plotted the demise of Saddam Hussein, admittedly a tyrant and a bully, in order to realign the Middle East in our favor - and Israel's. No matter how closely you have followed the political, military, and attitudinal fallout after September 11, 2001, you have never read such a concise, analytical, closely-sourced, and cogent overview as this. In clean, spare, unemotional prose, Rebecca Gordon examines how the stage for the Iraq war was set long before that catastrophe, as right-wing strategists plotted the demise of Saddam Hussein, admittedly a tyrant and a bully, in order to realign the Middle East in our favor - and Israel's. She traces how 9/11 changed how the United States justified and waged war, captured and tortured prisoners, lied and obfuscated in international forums, and misjudged how the war would change the dynamics of the Middle East, leaving no doubt about the way the war paved the way for the ongoing brutality of ISIS and the continued suffering of the civilians in its path.

Before examining 9/11, however, Gordon examines the history, philosophies, and history of war crimes, including details about the Nuremberg Trials that may be new to the reader, and may have foreshadowed how the United States would proceed. Early on, for example, both Churchill and FDR wanted to execute the accused without trials; Stalin insisted on trials to establish the legitimacy of the executions. Questions were raised about whether Allied countries that had used fire bombs and atomic bombs on civilians had the moral standing to judge Germany. And the United States fretted about alienating Germany, which was seen as an ally against communism and the USSR. The trials were held, but with unusual rules of evidence and procedure that may have been foreshadowings of how the United States would capture, judge, and indefinitely imprison "enemy combatants."

Gordon argues that rules of evidence, reasons for just war, treatment of prisoners, and the definition of torture slid neatly under George Bush's "new paradigm" after the horrors of 9/11. Our own laws (such as the War Crimes Act of 1996) were ignored, as was our signature on many of the Geneva Conventions (which are defined and explored thoroughly). How else could 180 prisoners suffocate in a shipping container on their way to a camp headed by United States Special Forces? Why would the head of the CIA be upset to hear that a White House spokesman had said that detainees were being treated humanely? How could we justify having prisoners sent to countries where they were raped, or using white phosphorus on civilians and combatants alike? Why has the United States refused to sign the portion of the Conventions that protects civilian medical personnel in armed conflicts?

Some of the details of how the wars in Afghanistan and Iraq have been waged (closely sourced, with authoritative, comprehensive footnotes and bibliographical references) that Gordon relates go beyond venal and sordid, beyond the horrors that any war creates. The actions and speeches reflect a widespread and disproportionate catastrophe, one that continues with every fleeing refugee and barbaric ISIS attack.

So what can we do, Gordon asks? Clearly, the officials and strategists, named and charted with great specificity, will never be tried as war criminals. The government of the United States does not even recognize the legitimacy of the International Criminal Court (ICC). Even more damning is her well-documented conclusion: "In the name of security, we have been terrorized by our own government... into giving up not only our own freedoms but our fundamental sense of human empathy."

That lack of empathy is the key to what we can do, says Gordon. We might take our cue from the government of South Africa, which created the Truth and Reconciliation process to acknowledge, with openness and truth, what had been done during the dreadful years of apartheid. Perhaps such an assembly could be convened here. Truth is what the United States owes to all of the victims of the wars in Iraq and its sequelae. In an ideal world, she says, we would end our use of torture, implement United Nations and Geneva Conventions, hold accountable the architects, and join the other 124 countries who are parties to the ICC. Working towards these goals would constitute the beginning of a true American Nuremberg.

This is a powerful book.

I received an advance copy of this book from the author in exchange for a fair review. ...more

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Mar 27, 2016 Milele rated it really liked it

The many distinct arguments made by this book for trials and investigations are overwhelming. Two in particular stand out.

- The CIA ironically forced there to be a record of clear orders regarding torture. I interpreted this as the CIA director being worried in part about committing war crimes, but even more so of being scapegoated for exceeding orders by political leaders who would prefer to maintain deniability. That's because for many years the US government has made it quite clear no US of The many distinct arguments made by this book for trials and investigations are overwhelming. Two in particular stand out.

- The CIA ironically forced there to be a record of clear orders regarding torture. I interpreted this as the CIA director being worried in part about committing war crimes, but even more so of being scapegoated for exceeding orders by political leaders who would prefer to maintain deniability. That's because for many years the US government has made it quite clear no US official will be put under foreign or international scrutiny, or even get in trouble for any treatment of suspected terrorists, as long as those officials are following orders.

- It was horrifying to see how mistakes and mis-characterizations (of Zubaydah as an Al-Qaeda leader, for example) were blown up at every level to justify a prisoner's treatment. Seeing the cycle of torture leading to incrimination justifying the torture, laid out so clearly, was again an overwhelming indictment of the system.

These two examples not only provide facts about the use of torture, but also facts about how consequences for torture and other war crimes are desperately needed. These are not compulsive or impulsive actions taken without regard to consequences, these are careful decisions by men and women who consider the personal as well as the national and international consequences.

I felt this book was strongest in its very direct fact listing, naming and shaming and especially the call to action. While Gordon proposes some actions for the US government to take, which it in all likelihood will not, she also calls on readers to begin a public review, an action which is entirely possible for a group of citizens to do. Even though it will not directly lead to federal or international trials, public accountability can push future military, CIA and political leaders to greater caution.

The first part of the book is technically difficult to read and follow because there are many different international treaties which may apply to the activities being considered as possible crimes. Worse, not all treaties have been ratified by the US. Navigating these complex rules is greatly aided by the book's conciseness, direct language and clear organization, but the reader's intellect and analysis must still be applied.

The latter parts of the book are emotionally difficult to read and digest.

I did find myself wishing for some examination of the other side of some arguments. Are there no activities under question as war crimes or internationally criticized, which Gordon can conclude are not war crimes? Is there no argument supporting the US reluctance to sign onto international treaties or participate in international courts? As a result, my beliefs that already coincided with Gordon's were strengthened, while my doubts were left mostly untouched. ...more

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Mar 11, 2016 Gloria rated it it was amazing

In "American Nuremberg" Rebecca Gordon takes one on a wild journey through the actions of the US Government, its officials and its agencies in conducting the war on terror. (She points out that it is really not a war in the strictest sense.) Laying the groundwork by examining in detail the post WWII Nuremberg trials, Gordon takes the reader through a detailed, well executed, understandable tutorial on what international law and conventions, treaties, and US law have to say about what constitutes In "American Nuremberg" Rebecca Gordon takes one on a wild journey through the actions of the US Government, its officials and its agencies in conducting the war on terror. (She points out that it is really not a war in the strictest sense.) Laying the groundwork by examining in detail the post WWII Nuremberg trials, Gordon takes the reader through a detailed, well executed, understandable tutorial on what international law and conventions, treaties, and US law have to say about what constitutes war crimes, crimes against peace and human rights crimes. She then examines in detail US violations of these laws in Iraq and Afghanistan where actual war has existed and
in other parts of the world where there has been no war in the conventional sense. She lists by name US officials and military officers
who have been in violation. And finally she suggests a possible solution - a grassroots American Nuremberg.

Many of the atrocities outlined in the book were not new to me. These occurred during the Bush administration and have been exposed through the media on many occasions. I was, however, shocked to learn the extent to which many of these practices started with the Clinton administration and then continued with Obama. I have seen Obama interviewed when he has lowered his eyes and said what a hard job it is to order drone strikes. I had no idea the extent to which these occur and the number of people killed. This brief book is a definite call to action and one which every American should read.

Gordon has done her research. The book is carefully footnoted; there is an extensive bibliography and a real index. Written by an academic, the book is nonetheless totally accessible to the general public. It is well thought out and organized and articulated in such a way that makes it readable and easily understood. I found it a compelling read and after the first chapter which outlines the treaties and laws, I had a hard time putting it down. There is no doubt about Gordon's position on these matters and for the most part I was fine with that but every now and again I wished for slightly more objectivity. But that was not what this books is about and I really want to thank the author for an eye-opening, thought provoking book.

Thanks to the author for an advanced review copy. ...more

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Jun 01, 2016 Sandra Helen rated it it was amazing

Dr. Rebecca Gordon is an expert on torture, particularly as perpetrated by the United States. "American Nuremberg" points out that our so-called war on terror is not truly a war. And if it were, the US would be compelled to follow the rules of the Geneva Convention. Gordon's book is thoroughly researched, and the information is then relayed to us in an accessible form. She begins with a history of the post-World War II Nuremberg tribunal, emphasizing the United States' role in bringing Nazi war ...more

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Oct 04, 2016 Greg rated it liked it

More like 3.5 stars.

Really interesting. I like the premise a lot. Learned a lot.

Frustrated with some things. Very brief narrative about the lead up to the invasion of Iraq.

I wanted something with more detail. In the past, the lack of footnotes and limited sources for a book bothered me, but I think it is actually problematic when discussing these topics. It is easy to read entire paragraphs citing examples in quotes without a source......... I need to write more about this.

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Sep 28, 2016 Tim rated it it was amazing

I believe it is factual and sadly describes much of what has gone wrong with our country since 9/11. Rebecca Gordon is a dedicated researcher and has written a very powerful expose.

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