The Use of Nuclear Weapons is Illegal, Period

This is important information for people to understand.

Recently there have been discussions in the media about the "appropriate" use of nuclear weapons. Pentagon generals and other officials have discussed whether they might disobey an "illegal" order to fire off a nuke. Discussions about whether Trump has the authority to order a nuclear bomb attack on his own. Trump has threatened to annihilate North Korea with nuclear weapons while North Korea has threatened to nuke Japan or Guam.

What's been missing is the fact that any use of a nuclear weapon would be illegal under international laws and treaties. In a nutshell, it's because they're immoral. That's why people in the past outlawed them even before they were invented. Only immoral people would consider using them. Unfortunately, we have immoral people running our government, starting with the Immoral President.

"But more importantly, there is a deep and startling absurdity and a shocking ignorance in these public nuclear war conversations. Any use of nuclear weapons would be indiscriminate and illegal by definition. Only the uninitiated, uninformed or willfully blind can still imagine that today’s nuclear weapons could be used “proportionately” to produce more military good than evil. The uncontrollable, unlimited, and unfathomable magnitude of nuclear weapons effects have been established as unlawful in countless text books, law journals, government studies and independent analyses.

The use of nuclear weapons under any circumstances would be illegal because international covenants, treaties, and protocols forbid indiscriminate destruction, attacks that are disproportionate to a military objective, and weapons’ effects that “treacherously wound,” harm neutral states, or do long-term damage to the environment.

In her book Thermonuclear Monarchy Professor Elaine Scarry of Harvard reminds us that as long ago as 1995, Sweden, Iran and Egypt argued before the International Court of Justice that since nuclear weapons cause disproportionate suffering, they are prohibited by the 1868 Declaration of St. Petersburg and the Geneva Protocols of 1925, 1949, and 1977. The Republic of the Marshall Islands argued that using nuclear weapons would violate the 1907 Hague Conventions prohibiting weapons with effects that cross into neutral states. Both North Korea and India, neither of which possessed nuclear weapons in 1995, wrote to the World Court insisting that it judge them unlawful. India argued that any use of nuclear weapons, including the mere possession of them, is illegal under the Charter of the United Nations and international “rules of proportionality.”

https://www.globalresearch.ca/what-kind-of-nuclear-attack-would-be-legal...

The most hypocritical nation, now led by a belligerent idiot named Trump, is the only country to ever use nuclear weapons, illegally. It possesses an arsenal of over 5000 illegal nuclear weapons, has officially documented plans to use nuclear weapons in the illegal wars it starts or may start, and it threatens other countries like North Korea and Iran with complete and illegal destruction by nuclear weapons if they dare develop their own illegal nuclear weapons.

"Charles Moxley, in his 813-page study Nuclear Weapons & International Law, puts this list of treaty violations in perspective:

“Nuclear weapons are not illegal just because they violate these laws of war, as exhaustively proven in this volume. They are illegal because they cause widespread and indiscriminate destruction without promoting the purpose of war: resolving conflict … They are not weapons but only wanton machines of symmetric destruction.”

So next time Trump or his generals talk about nuclear weapons in any context, know that they're either lying or just fucking stupid. Or both.

Relative to war itself, all war except for purely defensive purposes is illegal under international law and a violation of the U.S. Constitution. ALL war is a racket.

See, things aren't so complicated after all.

"Eisenhower’s directed plan was for all-out war, in a first initiation of nuclear war, assuming the Soviets had not used nuclear weapons. And that plan called, in our first strike, for hitting every city—actually, every town over 25,000—in the USSR and every city in China. [Ellsberg isn’t the first to discuss U.S. plans for a nuclear first strike. In the 1986 book To Win a Nuclear War: The Pentagon’s Secret War Plans, one of the world’s leading physicists – Michio Kaku – revealed declassified plans for the U.S. to launch a first-strike nuclear war against Russia. The forward was written by former U.S. Attorney General Ramsey Clarke.] A war with Russia would inevitably involve immediate attacks on every city in China. In the course of doing this—pardon me—there were no reserves. Everything was to be thrown as soon as it was available—it was a vast trucking operation of thermonuclear weapons—over to the USSR, but not only the USSR. The captive nations, the East Europe satellites in the Warsaw Pact, were to be hit in their air defenses, which were all near cities, their transport points, their communications of any kind. So they were to be annihilated, as well."

http://www.washingtonsblog.com/2017/12/daniel-ellsberg-u-s-military-plan...

The plans are the same now. How do we overcome insanity?

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Hillbilly Dem's picture

either recommended or even demanded that he employ a first strike against Cuba during the Cuban Missile Crisis. Kennedy stood up to them and refused to order it, even after one of our U2 planes was shot down over Cuba. Plus, JFK had RFK, Ted Sorensen and others like them to advise him. If all or most of the generals told Trump, no, demanded that Trump let the missiles fly, would he stand up to them?

[video:https://www.youtube.com/watch?v=fNFVN0Jz0rE]

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"Just call me Hillbilly Dem(exit)."
-H/T to Wavey Davey

Big Al's picture

@Hillbilly Dem what's the use of having all these nukes if we don't use them. Of course he would and of course he has generals who would readily recommend them under the right circumstances.

It's similar to many things today. We have all this proof/evidence of what our government has done in the past, like the plans to nuke every Russian and Chinese city over 25K as exposed by Ellsberg; like MK Ultra, like Operations Northwoods, like Operation Paperclip, etc., but somehow democratic and republican party partisans believe that was the past, that our government couldn't possibly do those things anymore.

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edg's picture

@Big Al

Saying "what's the point of having nukes if you can't use them" can mean either that wars must naturally progress to or begin with nuclear weapons or alternatively that we should rid ourselves of nuclear weapons because they can't be used under any reasonable circumstances.

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Big Al's picture

@edg But not with Trump. You ain't gonna get me to buy that edg. But nice try.

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edg's picture

@Big Al

That would be a waste of time and pixels.

I'm merely pointing out that there's two interpretations and that you and the MSM naturally assumed it was the one that fit your story line. You may be right. Or wrong.

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Big Al's picture

@edg Ya right.
Lighten up man. Trump isn't your friend.

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edg's picture

@Big Al

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lotlizard's picture

@edg  
During the 1964 campaign Goldwater said something to the effect that it didn’t make sense for the U.S. to be at war in Vietnam unless the country was willing to go all the way, up to and including atomic bombs, as America did against Japan.

Most famously in the LBJ “Daisy” TV spot, this was spun by the Democrats as Goldwater saying, “Let’s start a nuclear war” — when what he meant was more like, “If it’s not worth doing that, then the ‘war’ is phony and we’d better get out and stay out.”

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thanatokephaloides's picture

@lotlizard

Most famously in the LBJ “Daisy” TV spot, this was spun by the Democrats as Goldwater saying, “Let’s start a nuclear war” — when what he meant was more like, “If it’s not worth doing that,

.... and it wasn't .....

then the ‘war’ is phony and we’d better get out and stay out.”

Ah, where the fuck is old AuH2O when we need him now?

Wink

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"US govt/military = bad. Russian govt/military = bad. Any politician wanting power = bad. Anyone wielding power = bad." --Shahryar

"All power corrupts absolutely!" -- thanatokephaloides

edg's picture

@thanatokephaloides

AuH2O is in the grave. But his great-nephew runs a personal injury law firm in Phoenix.

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Bisbonian's picture

@thanatokephaloides , it's BaAuH2O

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"I’m a human being, first and foremost, and as such I’m for whoever and whatever benefits humanity as a whole.” —Malcolm X

Meteor Man's picture

I agree with your previous posts that slashing military spending has to take priority over all other issues Al.

The left wing protests are numerous and all over the map; environment/climate change, stop the tax cuts, save Medicare and Social Security, housing, criminal justice reform, Net Neutrality, etc., etc.

The bottom line is that unless we slash military spending there is no way to fund any progressive/productive program. The first step to overcoming insanity is slashing insane military spending and military madness.

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"They'll say we're disturbing the peace, but there is no peace. What really bothers them is that we are disturbing the war." Howard Zinn

WoodsDweller's picture

at Alternet

... plans that were then unknown to the president [Kennedy] ... I briefed his aide, McGeorge Bundy ... on the nature of the plans ... like the delegation of authority to theater commanders for nuclear war by President Eisenhower, which was fairly shocking to McGeorge Bundy, even though Kennedy chose to renew that delegation, as other presidents have.

... I was given the job of improving the Eisenhower plans, which was not a very high bar, actually, at that time, because they were, on their face, the worst plans in the history of warfare ... They were insane. They called for first-strike plans, which was by order of President Eisenhower. He didn’t want any plan for limited war of any kind with the Soviet Union, under any circumstances, because that would enable the Army to ask for enormous numbers of divisions or even tactical nuclear weapons to deal with the Soviets. So he required that the only plan for fighting Soviets, under any circumstances ... was for all-out war ...

... that plan called, in our first strike, for hitting every city—actually, every town over 25,000—in the USSR and every city in China. ... there were no reserves.

... In the event of your carrying out your general nuclear war plans, which were first-strike plans, how many will die? ... USSR ... China ... West Europe ... Austria ... Finland ... Afghanistan ... Japan ... northern India ... a total of 600 million people. That was a time, by the way, when the population of the world was 3 billion. And that was an underestimate of their casualties—a hundred Holocausts.

But the recent discussions of that, which emphasize his [Trump's] sole authority to do that, don’t take account of the fact that he has authority to delegate. And he has delegated. Every president has delegated. I don’t know the details of what President Trump has done or since the Cold War. Every president in the Cold War, right through Carter and Reagan, had delegated, in fact, to theater commanders in case communications were cut off. That means that the idea that the president is the only one with sole power to issue an order that will be recognized as an authentic authorized order is totally false.
...
It happened that a commodore of several [Soviet] submarines in the area was on that sub rather than some other one. It could have been one of the others, but he was there. And since he was the commodore, his assent was also needed. And he said no. And thanks to that man, Vasili Arkhipov, we didn’t blow a cruiser out of the water and cause the nuclear explosion that Kennedy had already announced would cause an all-out attack on the Soviet Union. That’s why we’re still here.

I'm already pushing the limits of fair use, the whole article is worth a read.

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"The greatest shortcoming of the human race is our inability to understand the exponential function." -- Albert Bartlett
"A species that is hurtling toward extinction has no business promoting slow incremental change." -- Caitlin Johnstone

Cant Stop the Macedonian Signal's picture

ready for the big freeze tonight (whoever was here before me put tropical plants like bananas and pineapples and ti plants in North Florida. It's not that I don't like them, but...)

Hope conversation's still going when I get back!

Thanks for writing this.

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"More for Gore or the son of a drug lord--None of the above, fuck it, cut the cord."
--Zack de la Rocha

"I tell you I'll have nothing to do with the place...The roof of that hall is made of bones."
-- Fiver

he's a blowhard, and that has been the official response since the Russians tested a bomb themselves. I'm afraid of Theresa May and Hillary.
May actually said - to Parliament - that she wanted to order a first strike. IMHO she meant that if Hillary was elected that she would have. (about a week later a British sub tested a missile launch and failed. May's enthusiasm was quietly dropped. I unshakably believe that I saw a televised interview (just before the third debate) where Hillary said, "The Iranians are violating the treaty. I will destroy their nuclear facility, and if that requires a nuclear weapon, well that's not off the table… (also) Russian and Chinese hacking." but I cannot find the clip anywhere. (I do not mean her calmer statement at the debate) I was having narcoleptic episodes at the time (they stopped when I started taking carbodopa for my parkinson's) so it's possible it was just a lucid dream, but normally I have some giveaway , like remembering that I woke up, or there was a green cat eating a banana in my dream. This did not happen here. Does anyone else remember this? Someone must have been watching whatever network had the interview.

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On to Biden since 1973

snoopydawg's picture

@doh1304

it wasn't a dream or a nightmare, she said that.

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There were problems with running a campaign of Joy while committing a genocide? Who could have guessed?

Harris is unburdened of speaking going forward.

Deja's picture

@doh1304
Ha! Dreams are nutty, aren't they? As a child, I once dreamed that my dad and I were on his motorcycle and we got stuck in cream corn. Biggrin

I'm sorry to hear about your Parkinson's. It must be so very frustrating!

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divineorder's picture

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A truth of the nuclear age/climate change: we can no longer have endless war and survive on this planet. Oh sh*t.

We came close twice in the past, once during the Cuban missile crisis, and another time when
Russians saw false radar images. Both nations have a considerable percentage of their strategic nuclear arsenals ready to go.

Why do we risk this????

I can only guess that it's for political gain and profit. I just heard a young Democratic Congressman speak, who's made it clear that his "image" was liberal on identity issues and "strong" on defense. He was going to get tough on Russia and force them to change their behaviors to be more acceptable to the US. "Russia wanted to deny us our democracy." What a load of crap! Russia has little interest in meddling with our "democracy". We, however, have meddled with 52 documented elections around the world including the admitted meddling in Russia, repeatedly. So now we have the traditional war party, the Republicans, and the new war party, the Democrats. This is a recipe for global nuclear annihilation.

So here's the point. The reaction in Russia is progressively more angry. Who would have suspected? Russia, North Korea and mostly every country in the world understands that the US stands ready to use nuclear weapons. That they are an integral part of US foreign policy. That the US continues to spend 100s of billions of dollars into nuclear weapon development, including bunker busters and dial-a-death bombs. That the US loves them and has had many plans to demolish other countries with a first strike. The US neocons raised the obvious point in the late 1990s, that the USSR military strength was gone and that the time was ripe for a nuclear first strike to finish off Russia and make sure that a rising Russia was never competition again. Russia understands this well, and will never let this happen. Russia's nuclear retaliatory capability today is real and devastating.
I see two hazards. The first is a simple error on the part of early warning systems, mistaking a non nuclear threat. The other is escalating tensions. The US considers Syrian territory East of the Euphrates river as theirs. Recently there have been skirmished in the air. A US F22 buzzed a pair of Russian SU24s on an anti ISIS mission, an unfair match. That lasted until Russia showed up with an SU35. The F22 high-tailed it out of there as it is no match in a dogfight. Assume for a minute, that the dogfight happened and the SU35 shot down the F22. The US would declare foul play since it seems to think that it owns part of Syria. Russia will say F-U. Warplanes and missiles will fly.

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Capitalism has always been the rule of the people by the oligarchs. You only have two choices, eliminate them or restrict their power.

mimi's picture

May be using Arms Control with a Heart?

The title of this essay triggered me to read it, but I gave up after a couple of pages or so. Too much for me. Scott Ritter is too wordy for my English comprehension and level of knowledge. But who would have thought that I would get some fuzzy, cozy feelings looking at Gorby and the Gipper photo today? Oh well, the good old times from today's perspective, no?
Sigh.

On Dec. 8, a group of more than 50 veterans of the INF Treaty experience will gather in downtown Washington to celebrate the signing of that treaty. During this gathering, an opportunity will be provided to participate in an open-mike session, reminiscing about their roles in the creation and implementation of the INF Treaty. At that time, I can only hope that one or more of the participants will pause for a moment to think about Doug Englund, his wife, Anne, and his family and friends who mourn his passing.

But I would hope, too, that Doug’s professional legacy will be celebrated. He was one of the most influential forces behind the ethos of professionalism and compassion that defined the on-site inspection experience in support of the INF Treaty and, by extension, the initial work of the United Nations in Iraq. He epitomized arms control with a heart—the very essence of that which made those experiences so special, and which is lacking in our country, and the world, today.

Sounds a bit weird to me, but heck, what doesn't. I give up. May be for you it's something of interest? And btw. what was ever legal and who would have given a damn about legality? Just write laws that make the previous illegal stuff legal. There are always lawyers around who need to make some money and will do anything for you. Bingo.

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ggersh's picture

Relative to war itself, all war except for purely defensive purposes is illegal under international law and a violation of the U.S. Constitution. ALL war is a racket.

http://www.mintpressnews.com/76-years-of-pearl-harbor-lies/235375/

The United States is indisputably the world’s most frequent and extensive wager of aggressive war, largest occupier of foreign lands, and biggest weapons dealer to the world. But when the United States peeps out from under the blankets where it lies shivering with fear, it sees itself as an innocent victim. It has no holiday to keep any victorious battle in everyone’s mind. It has a holiday to remember the Japanese attack on Pearl Harbor — and now also one, perhaps holier still, to recall, not the “shock and awe” destruction of Baghdad, but the crimes of September 11, 2001, the “new Pearl Harbor.”

Similar to Israel, but with a variation, the United States is deeply obsessed with World War II, overlaid of course on a Southern obsession with the U.S. Civil War. The Southern U.S. love for the Civil War is love for a war lost, but also for victimhood and the righteousness of the vengeance wreaked on the world year after year by the U.S. military.

The U.S. love for World War II is also, fundamentally, love for a war lost. That may seem odd to say, because it is simultaneously very much love for a war won. World War II remains the U.S. model for potentially some day winning a war again, as it’s been losing them all over the world for the 71 years since World War II. But the U.S. view of WWII is also strangely similar to the Russian view.

Russia was brutally attacked by the Nazis, but persevered and won the war. The United States believes itself to have been “imminently” attacked by the Nazis. That, after all, was the propaganda that took the United States to war. There was not one word about rescuing Jews or anything half that noble. Rather, President Franklin Roosevelt claimed to have a map of the Nazis’ plans for carving up the Americas.

Hollywood has made relatively few movies and television shows about all other wars combined, in comparison with dramas about World War II, which may in fact be its most popular topic ever. We’re really not drowning in movies glorifying the theft of northern Mexico or the occupation of the Philippines. The Korean War gets little play. Even the Vietnam War and all the more recent wars fail to inspire U.S. storytellers like World War II, and some 90% of those stories relate to the war in Europe, not Asia.

The European story is much preferred because of the particular evils of the German enemy. That the U.S. prevented a peace without victor in World War I by crushing Germany, and then punished it viciously, and then aided the Nazis — all of that is far more easily forgotten than the nuclear bombs that the United States dropped on Japan. But it is the Japanese attack of December 7, 1941, together with the fantasized Nazi invasion, that persuades the U.S. public that waging war in Europe was defensive. So the history of the United States training Japan in imperialism and then antagonizing and provoking Japan must be forgotten as well.

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I never knew that the term "Never Again" only pertained to
those born Jewish

"Antisemite used to be someone who didn't like Jews
now it's someone who Jews don't like"

Heard from Margaret Kimberley