Notwithstanding the upcoming show-trial of Saddam Hussein in Occupied Iraq, U.S. complicity in the war crimes of its former military ally may well become the most eye-opening issue facing the international community in the coming months. There is a revealing photograph of Donald Rumsfeld shaking hands with a known war criminal in 1983-Saddam Hussein. If Secretary of Defense Rumsfeld were forced to testify at an impartial, international war crimes tribunal, no doubt he would be asked: "What did you know, and when did you know it? Of all the conventions in humanitarian law, none is more relevant to contemporary affairs than the Nuremberg principle: "Complicity in the commission of a crime against peace, a war crime, or a crime against humanity, is a crime under international law." Once and future Secretary of Defense Donald Rumsfeld and Iraqi President Saddam Hussein shake hands December 20, 1983 in Baghdad, Iraq. Rumsfeld met with Hussein during the war between Iran and Iraq as an envoy for former US President Ronald Reagan. (Photo by Getty Images) | The jurists at Nuremberg enacted the law of complicity only after long deliberations about the essential dynamics of modern war crimes. They recognized that modern industrial atrocities are collective in nature. War criminals do not act alone, and their capacity for mass brutality depends on a supply of sophisticated weapons, business deals, international finance, contracts and covert shipments, coordination and training, diplomatic protection, and the winks and nods of international Machiavellian politics. Nuremberg's farsighted judges codified the complicity principle in order to protect future generations from the scourge of war and terror. There is no better interpreter of war crimes, of man's inhumanity to man, than Hannah Arendt, who published a definitive book on the trial of Adolf Eichmann in 1963. Eichmann was not a top official in the Nazi Party. He was a mere accomplice, a bureaucrat who facilitated the deportation of millions of Jews into the concentration camps. He never pulled a switch, and he kept a healthy distance from the consequences of his handiwork. As an administrator who "did his job," made no big decisions, he was still a key part of the machinery of mass murder. It was not any demonic trait of Eichmann's personality, but the "banality of evil" that appalled Arendt most of all. Arendt warned against sensationalistic accounts of the Holocaust, the demonization of individual personalities. She called attention to "the unspeakable horror of the deeds and the ordinariness of the men who committed them." Impartial, dignified war crime tribunals are not an occasion for gloating or propaganda. At their best they give voice to all the victims, produce a complete record for future generations, and help to prevent more war crimes from taking place. They produce a sense of humility among all the participants. Triumphalism degrades mankind's memory of itself. International accomplices of Saddam Hussein have yet to be arrested, named, interrogated, much less held accountable for their crimes against peace and humanity. The victims of Saddam and his accomplices, Iranians as well as Iraqis, have a right to know: Who armed Iraq? Who built Saddam's arsenal of terror in the '80s? They also have a right to interrogate Rumsfeld, other U.S. officials, CIA agents, and U.S. arms merchants as suspects or witnesses. The executives of Alcoliac International of Maryland, that transported mustard gas precursors to Saddam; the Tennessee manufacturers that provided sarin-based chemicals; the heads of Dow chemical who sold toxins that cause death by asphyxiation; the heads of Bechtel that produced chemicals for Saddam in their Iraqi plant; the CIA agents that made covert arms deals and transported heinous cluster bombs to a known war criminal-all the participants in Iraq's machine of death should come before an international court and answer a single question: What did you know, and when did you know it? It is not just the buyers, it is suppliers of death who are accountable under the Nuremberg Conventions. Justice will be served only after the official records of U.S. and European complicity are made public |