These are extraordinary times. With the United States and Britain on the verge of bankruptcy and committing to an endless colonial war, pressure is building for their crimes to be prosecuted at a tribunal similar to that which tried the Nazis at Nuremberg. This defined rapacious invasion as “the supreme international crime, differing only from other war crimes [sic] in that it contains within itself the accumulated evil of the whole”. International law would be mere farce, said the chief US chief prosecutor at Nuremberg, the Supreme Court justice Robert Jackson, “if, in future, we do not apply its principles to ourselves”.
That is now happening. Spain, Germany, Belgium, France and Britain have long had “universal jurisdiction” statutes, which allow their national courts to pursue and prosecute prima facie war criminals. What has changed is an unspoken rule never to use international law against “ourselves”, or “our” allies or clients. In 1998, Spain, supported by France, Switzerland and Belgium, indicted the Chilean dictator Augusto Pinochet, client and executioner of the west, and sought his extradition from Britain, where he happened to be at the time. Had he been sent for trial, he almost certainly would have implicated at least one British prime minister and two US presidents in crimes against humanity. The then home secretary, Jack Straw, let him escape back to Chile.
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