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Francis A. Boyle Law Building 504 E. Pennsylvania Ave. Champaign, IL 61820 USA 217-333-7954(voice) 217-244-1478(fax) [EMAIL PROTECTED] <mailto:[EMAIL PROTECTED]> -----Original Message----- From: Boyle, Francis [mailto:[EMAIL PROTECTED]] Sent: Saturday, March 16, 2002 4:20 PM To: Killeacle (E-mail) Subject: FW: [MSANews] Prof. Boyle's New Book: Criminality of Nuclear Det errence Francis A. Boyle Law Building 504 E. Pennsylvania Ave. Champaign, IL 61820 USA 217-333-7954(voice) 217-244-1478(fax) [EMAIL PROTECTED] <mailto:[EMAIL PROTECTED]> -----Original Message----- From: Boyle, Francis Sent: Saturday, March 16, 2002 4:15 PM To: [EMAIL PROTECTED] Cc: Globenet (E-mail) Subject: [MSANews] Prof. Boyle's New Book: Criminality of Nuclear Deterrence -----Original Message----- From: MSANews Service [mailto:[EMAIL PROTECTED]] Sent: Saturday, March 16, 2002 12:19 AM To: [EMAIL PROTECTED] Subject: [MSANews] Prof. Boyle's New Book: Criminality of Nuclear Deterrence ***************************************************** MSANEWS Support MSANEWS, a project of learning and enlightenment "Truth today is estranged; and those who claim it are unknown." -- Al-Jahiz (776-868) "The Universe is undergoing a complete upheaval... Its nature is going to change so as to enable its creation anew." -- Ibn Khaldun (1332-1406) ***************************************************** Source: Direct Submission Email: "Boyle, Francis" <[EMAIL PROTECTED]> To: [EMAIL PROTECTED] Date: Thu, 28 Feb 2002 17:21:01 -0600 Title: Criminality of Nuclear Deterrence TEXT: -----Original Message----- From: Boyle, Francis Sent: Thursday, February 28, 2002 10:44 AM To: * All Faculty Subj: Criminality of Nuclear Deterrence [Cover of Book Attached] _____ MSANEWS NOTE: We were not able to post the attached cover of this book given that we do not know how to post html'ed text to the Topica list. Please see it at URL: http://www.bookmasters.com/clarity/b0018.htm We are including a brief Review and the Table of Contents from the "bookmasters" website. (eds.) _____ NEW BOOK! The Crimininality of Nuclear Deterrence COULD THE US WAR ON TERRORISM GO NUCLEAR? Francis A. Boyle Forward by Philip Berrigan _____ REVIEW: NUCLEAR TERROR IS BACK! As the U.S. War on Terrorism hurtles into uncharted waters, challenging accepted norms of international law and setting a pattern for peremptory state behavior, could a nuclear strike against a non-nuclear "rogue state" become an American option? Could conflicts between other nuclear states such as India and Pakistan go nuclear? The Clinton Administration's Presidential Decision Directive 60 asserted a U.S. right to target non-nuclear states with nuclear weapons in 1997. But PDD60, as well as nuclear deterrence as a whole -- both the use and threatened use of nuclear weapons -- is illegal under the international law of warfare. In fact, Francis A. Boyle argues in The Criminality of Nuclear Deterrence, the Bush administration's toying with the use of tactical nuclear weapons in Afghanistan, its intent to proceed with National Missile Defense, to renew nuclear testing and develop "bunker-busting" nuclear weapons will have disastrous impact on existing international efforts to rein in the global nuclear arms race through the Comprehensive Test Ban Treaty, and the Nuclear Non-proliferation Treaty. Already, the Anti-Ballistic Missile Treaty has fallen before its scythe. This book provides a succinct and detailed guide to understanding the arms race from Hiroshima/ Nagasaki through the SALT I, SALT II, ABM and START efforts at arms control, to Star Wars/National Missile Defense, U.S. unilateral abrogation of the ABM Treaty, and events in Afghanistan and beyond. It clarifies the relevant international law, from the Hague Conventions through the Nuremberg Principles to the recent World Court Advisory Opinion, as well as tracing contradictions in and contraventions of domestic guidelines established in the U.S. Army Field Manual of 1956 on The Law of Land Warfare, which remains the official primer for U.S. military personnel concerning the laws of war to which they must regard themselves as subject. More disturbingly, Boyle reviews the intricacies of the foreign policy controversies and objectives which mark the development of American nuclear policy, often pressed forward by civilian administrations seeking to promote their geopolitical agenda over the advice and desires of the American military itself. This book is an effective tool and a "must read" for the burgeoning anti-nuclear and peace movements, church groups, and lawyers defending anti-nuclear resisters. It should also prove instructive for the diplomatic community, and for civilian and military personnel who frame and carry out America's nuclear policies, who more than any must weigh the possibility of being summoned one day before an international war crimes tribunal. _____ COMMENTARY: "Francis Boyle is a lawyer of the quality of Thomas More or Gandhi... the most competent and impassioned advocate of international law in the U.S." Philip Berrigan, Project Plowshares "Anti-nuclear defendants and their supporters will find this publication invaluable." George Farebrother, World Court Project UK _____ AUTHOR - FRANCIS A. BOYLE As a leading American professor, practitioner and advocate of international law, Francis A. Boyle is uniquely qualified to address the issue of nuclear deterrence. Twenty years of anti-nuclear advocacy have earned him what may be the world's best track record for anti-nuclear acquittals. Recently, his testimony persuaded a Scottish Judge in the UK to direct a verdict against the UK Trident 2. Through his exacting international legal analysis, prolific writings and tireless advocacy, he has succeeded in establishing the illegality of nuclear weapons and nuclear deterrence, reflected in the recent World Court Advisory Opinion of 1996. Francis A. Boyle's long, distinguished and multi-faceted career has included: responsibility for drafting the Biological Weapons Anti-Terrorism Act of 1989, the American implementing legislation for the 1972 Biological Weapons Convention; lecturing on nuclear weapons and international law to the U.S. military at West Point and to Soviet and foreign lawyers through two lecture tours sponsored by the Lawyers' Committee on Nuclear Policy and the Association of Soviet Lawyers; and representing the Republic of Bosnia and Herzegovina before the International Court of Justice (1993-94), where he won two World Court Orders against the rump Yugoslavia to cease and desist from committing all acts of genocide. Boyle has also served on the Board of Directors of Amnesty International (1988-1992); as Legal Advisor to the Palestine Liberation Organization on the Creation of the State of Palestine (1987-89) and to the Palestinian Delegation to the Middle East Peace Negotiations (1991-93), and as a Consultant to the American Friends Service Committee. Professor Boyle teaches International Law at the University of Illinois, Champaign, and is author, inter alia, of Defending Civil Resistance Under International Law, The Future of International Law and American Foreign Policy, Foundations of World Order: The Legalist Approach to International Relations 1898-1921, and The Bosnian People Charge Genocide. He holds a Doctor of Law Magna Cum Laude as well as a Ph.D. in Political Science from Harvard University. _____ ABOUT PHILIP BERRIGAN Philip Berrigan began nonviolent resistance to U.S. wars in 1966, breaking laws legalizing the Vietnam war. He has spent 11 of the last 35 years serving prison sentences related to his peace activism, and was most recently released from federal prison on December 14, 2001. He participated in six Plowshares witnesses, and has published eight books on nonviolent issues and war and peace. He has lectured on modern war and peace, nuclearism and interventionary war in most of the American States, and across Canada and Western Europe. Along with Daniel Berrigan, Philip Berrigan has been nominated for the Nobel Peace Prize six times. _____ TABLE OF CONTENTS FOREWORD BY REV. PHILIP BERRIGAN SPECIAL INTRODUCTION: GEORGE BUSH, JR., SEPTEMBER 11th AND THE RULE OF LAW Machiavelli Redux International Legal Nihilism 11 September 2001 The Facts The Powell/Blair White Paper The Cover-Ups The Bin Laden Video Framing a Response to September 11th Terrorism and the Law The U.S. Policy Preference: Not Terrorism - War The UN Security Council Disagrees: Terrorism, not War Bush Sr. v. Bush Jr. No Declaration of War from Congress The Infamy of Korematsu Instead, A Blank Check to Use Military Force Bush Sr. v. Bush Jr. Redux "Ending States" Honest Nuclear War-Mongering The Prostitution of NATO Bush Jr.'s Crusade The U.S./UN Ambassador of Death Nazi "Self-defense" Resurfaces Retaliation Is Not Self-Defense Choosing Violent Resolutions for International Disputes Humanitarian Catastrophe Why War? It's Still the Oil, Stupid! How Empires Rule at Home Bush Jr's Constitutional Coup D'�tat Ashcroft's Police State Bush's Kangaroo Courts The Bush Jr. Withdrawal from the ABM Treaty Conclusion/Prologue CHAPTER 1: THE U.S. EMBRACES INTERNATIONAL LEGAL NIHILISM CHAPTER 2: THE LESSONS OF HIROSHIMA AND NAGASAKI "Points of Choice" The Shimoda Case U.S. War Department Field Manual 27-10 (1940) Protections for the Civilian Population The Prohibition on Collective Punishments Truman's Utilitarian Justification Military Necessity? Aerial Bombardment Strategic Warning Military Versus Civilian Attitudes Toward the Bomb The Interim Committee The Hague Regulations Personal Criminal Responsibility The Nuremberg Charter The International Military Tribunal for the Far East The Geopolitical Reasons Behind Hiroshima and Nagasaki CHAPTER 3: THE RELEVANCE OF INTERNATIONAL LAW TO THE PARADOX OF NUCLEAR DETERRENCE Critique of the "Positivist" Approach to Analyzing the Legality of Nuclear Weapons The U.S. Government's Argument for the Legality of Using Nuclear Weapons The Relevance of the Nuremberg Principles to Nuclear Deterrence The Lotus Case Versus the Martens Clause The Precedential Significance of America's Response to Germany's Policy of Unrestricted Submarine Warfare During the First World War Paragraph 35 of the U.S. Army Field Manual Reconsidered The Illegality of U.S. Nuclear Deterrence Doctrine Promotes Military Insubordination Analyzing the Legality of Illegality of the Reagan Administration's "Protracted Nuclear War-Prevailing" Deterrence Doctrine The Theory Versus the Reality of U.S. Strategic Nuclear Deterrence The Counterproductivity of the Reagan Administration's SIOP A Preemptive Nuclear Strike Upon the Soviet Union Nuclear Deterrence of Conventional Warfare Is it Lawful to Possess Nuclear Weapons? Conclusion CHAPTER 4. STAR WARS VS. INTERNATIONAL LAW: THE FORCE WILL BE AGAINST US! The Deadlocked Geneva Negotiations SALT I The U.S. MIRV Program The Fate of SALT II The SALT II MIRV Buildup SALT II Violations? The SDI Program SDI vs. the ABM Treaty The Reinterpretation of the ABM Treaty SDI as a Propaganda Gesture SDI at Geneva Reagan's Repudiation of SALT I and SALT II SDI as Part of the Nuclear Arms Race SDI as a First-Strike System Progress at Geneva? START at Geneva Conclusion CHAPTER 5. THE CRIMINALITY OF NUCLEAR DETERRENCE Introduction Authority of the World Court's Advisory Opinion Summary of the World Court's Advisory Opinion The Criminality of the Threat and Use of Nuclear Weapons The Importance of Paragraph 104 of the Advisory Opinion Burden of Proof The Right to Life Genocide Environmental Protection Violations of the United Nations Charter The Principles of Necessity and Proportionality Nuclear Escalation Reprisals The Illegality of Nuclear Deterrence Possession of Nuclear Weapons Nuclear Weapons and the Laws of War Nuclear Deterrence and International Humanitarian Law Nuclear Weapons and Nuremberg Accountability Nuclear Weapons and International Humanitarian Law Violation of the International Laws of Neutrality Condemnation of Tactical Nuclear Weapons and Warfare Conclusion on International Humanitarian Law and Nuclear Weapons The World Court's Non-Pronouncement in Paragraph 97 Nuclear Disarmament The Dispositif Unanimous Ruling on the U.N. Charter Unanimous Ruling on International Humanitarian Law Unanimous Ruling on Nuclear Disarmament The Court's Ruling on the Threat and Use of Nuclear Weapons The Importance of Paragraph 104 Interpreting Paragraph 105 (2) (E) The Dissenters to Paragraph 105( 2) (E) Conclusion CHAPTER 6: COULD THE U.S. WAR ON TERRORISM GO NUCLEAR? INDEX ***************************************************** <><><><><><><><><><><><><><><><><><><><><> <> ... On that account: We ordained for <> the Children of Israel that if anyone <> slew a person - unless it be for <> murder or for spreading mischief <> in the land - it would be as if <> he slew the whole people: and if <> any one saved a life, it would <> be as if he saved the life of <> the whole people." <> Holy Qur'an, Surah al-Maidah 5:32. <> URL: http://quran.al-islam.com/ <><><><><><><><><><><><><><><><><><><><><> ***************************************************** "And the mind - may God preserve you - is more prone to deep sleep than the eye. Neediest of sharpening than a sword. Poorest to treatment. Fastest to change. Its illness, the deadliest. Its doctors, the rarest. And its cure, the hardest. Whoever got a hold of it, before the spread of the disease, found his sake. Whoever tried to wrestle it after the spread would not find his sake. The greatest purpose of knowledge is the abundance of inspiring thoughts. Then, the ways to go about one's needs are met." -- Al-Jahiz ("Puffy"), 9th Century Baghdad, Kitab at-Tarbi` wat-Tadweer ("Squaring the Circle"), p. 101, Edited by Prof. Charles Pellat, Institut Francais de Damas, 1955. READ THE TEXT, IN THE LANGUAGE OF THE PEOPLE OF THE DESERT, WHEN WE GO BACK TO OUR 'MECCA' URL: http://msanews.mynet.net/books/ajaib/ ***************************************************** To Post Messages: Send submission to: [EMAIL PROTECTED] To Subscribe: Send email to [EMAIL PROTECTED] ***************************************************** Temporary Archives for First Hegira http://groups.yahoo.com/group/msanews-list/ Temporary Archives for Second Hegira http://www.topica.com/lists/msanews-list/ ***************************************************** --------------------------- ANTI-NATO INFORMATION LIST ==^================================================================ This email was sent to: [email protected] EASY UNSUBSCRIBE click here: http://topica.com/u/?a84x2u.a9617B Or send an email to: [EMAIL PROTECTED] T O P I C A -- Register now to manage your mail! http://www.topica.com/partner/tag02/register ==^================================================================
