Judicial Complicity in US War Crimes--The Watada Case

Tweet The cost of judicial abdication in the Vietnam War years, when American judges averted their eyes from the emerging holocaust of Indochina, is incalculable. Without judicial immunity, many of the horrendous deeds of the Johnson-Nixon years might never have occurred.

There were more than 12 opportunities for American judges to confront the constitutional issues evoked by Presidential war. When Supreme Court Justice William O. Douglas, who publicly acknowledged the illegality of U.S. invasions in Indochina, offered to hear a war-challenge appeal, his colleagues on the Court overruled him.

With judicial assurance of complete impunity, beginning on December 18, 1972, Nixon dropped forty-thousand tons of explosives -- in three thousand sorties -- on a sixty-mile-long population corridor from Hanoi to Haiphong Harbor. The New York Times called Operation Linebacker II "stone-age barbarism." The Washington Post called it "savage and senseless." Nixon's Watergate break-in was a mere peccadillo compared to the judge-sanctioned air raids in Asia.

The wanton destruction of cities and towns, the use of Agent Orange to destroy nature and crops, systematic torture and rendition, assassination programs -- the bloody tragic course of the entire war depended on the winks and nods of judges who betrayed our troops. American judges played golf at country clubs on weekends while American soldiers of conscience, who tried to uphold the Constitution, languished in prison. And throughout the decade of lawlessness, not a single civilian leader, not one commander or high-level officer was ever convicted for commission of war crimes.

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