WEBVTT - ‘You’ll be living in hell’: Is Trump threatening war crimes?

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<v Speaker 1>I'm Nicole Johnston and you're listening to seven AM. It's

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<v Speaker 1>been a war of shifting deadlines for President Trump, and

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<v Speaker 1>his third one expires this morning. The President's demanding Iran

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<v Speaker 1>reopen this strait of hor Moos or the US will

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<v Speaker 1>strike every bridge and power plan in the country. Destroy

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<v Speaker 1>all this, and you destroy Iran Today. Rachel Van Lendingham,

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<v Speaker 1>a former military lawyer in the US Air Force, on

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<v Speaker 1>Trump's case for targeting civilian infrastructure and what's it all

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<v Speaker 1>mean for international law. It's Wednesday, April eight.

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<v Speaker 2>US President Donald Trump has used abuse of language to

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<v Speaker 2>call in Iran to let ships through the street.

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<v Speaker 3>Off her moves as he threw the children are watching.

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<v Speaker 3>We warned the president did not use polite language.

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<v Speaker 4>Quote.

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<v Speaker 3>Tuesday will be power plant day and bridge day, all

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<v Speaker 3>wrapped up in one in Iran. There will be nothing

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<v Speaker 3>like it. Open the fucking straight, you crazy bastards, or

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<v Speaker 3>you'll be living in hell.

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<v Speaker 1>Just watch, Rachel, when Donald Trump made this threat to

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<v Speaker 1>hit each and every one of Iran's power plants, what

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<v Speaker 1>did you think of that? Was that just another empty

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<v Speaker 1>threat from Trump? Or is this something that the US

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<v Speaker 1>will actually do?

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<v Speaker 5>Well?

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<v Speaker 4>I sure hope they won't it because they'd be committing

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<v Speaker 4>war crimes for which there are no statute of limitations

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<v Speaker 4>and there's universal jurisdiction. It did seem to be more

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<v Speaker 4>than just an idle threat because the press briefing that

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<v Speaker 4>he gave that was ostensibly focused on the rescue, a

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<v Speaker 4>successful rescue mission of a downed pilot, But during the

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<v Speaker 4>question answer session he made it very clear that.

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<v Speaker 5>Every bridge in Iran will be decimated by twelve o'clock

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<v Speaker 5>tomorrow night, where every power plant in Iran will be

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<v Speaker 5>out of business, burning, exploding, and never to be used again.

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<v Speaker 6>I mean complete demolition.

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<v Speaker 4>And then he made comments about you know, bombing back

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<v Speaker 4>to the Stone Age and that they'd be set back

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<v Speaker 4>for one hundred years, et cetera.

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<v Speaker 5>Do I want to do that note? Do I want

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<v Speaker 5>to destroy their infrastructure? No, it will take them one

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<v Speaker 5>hundred years to rebuild.

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<v Speaker 4>That is not just empty rhetoric. That is a threat

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<v Speaker 4>to engage in a war crime. That's technically called the

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<v Speaker 4>war crime of indiscriminate attack. So we don't just go

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<v Speaker 4>after every single bridge and every single power plant.

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<v Speaker 6>We have to show that. Oh, well, first we're.

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<v Speaker 4>Going to determine whether or not it's what we call

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<v Speaker 4>a lawful military objective. But fundamentally, the threat to destroy

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<v Speaker 4>and he didn't say disabled, he said he was going

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<v Speaker 4>to destroy each and every bridge in Iran, each and

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<v Speaker 4>every power plant in Iran, is threatening to commit the

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<v Speaker 4>war crime of indiscriminate attack. Second, it is impermissible to

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<v Speaker 4>intimidate the civilian population during time of war by violence

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<v Speaker 4>or reasonably foreseeable consequences of President Trump threatening total warfare

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<v Speaker 4>against Iran by destroying every bridge and every power plant

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<v Speaker 4>is that the civilian population will be terrified.

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<v Speaker 6>Why, you need electricity to live in the modern world.

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<v Speaker 4>You need electricity to run hospitals, you need electricity to

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<v Speaker 4>purify your water, and so it's really horrific what he's

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<v Speaker 4>actually threatened to do.

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<v Speaker 1>So, Rachel, what are the justifications that the US could

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<v Speaker 1>use if it wanted to go after these power plans,

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<v Speaker 1>Because it's not the first time that we've seen civilian

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<v Speaker 1>infrastructure struck during a war, for example Gaza and Ukraine,

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<v Speaker 1>So they must be some way that countries are trying

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<v Speaker 1>to justify it.

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<v Speaker 4>Well, I definitely wouldn't use Gaza as a role model

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<v Speaker 4>for how to abide by the law of arm conflict,

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<v Speaker 4>and I wouldn't use Russia attacking electrical grids in Ukraine

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<v Speaker 4>as a paragon of virtue. Either in the United States

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<v Speaker 4>has wrongly condemned Russia for war crimes.

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<v Speaker 7>There have been numerous credible reports of hospitals, schools, theaters,

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<v Speaker 7>et cetera being intentionally attacked. The United Nations and other

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<v Speaker 7>credible observers have confirmed hundreds of civilian deaths, and we

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<v Speaker 7>believe that the exact civilian death told will be in

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<v Speaker 7>the thousands.

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<v Speaker 4>However, individual bridges, individual power plants, despite being originally civilian objects,

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<v Speaker 4>can become a lawful military objective.

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<v Speaker 8>A key bridge Niete Ran was among the targets hit.

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<v Speaker 8>Mister Trump posted a video of its destruction, urging Iran

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<v Speaker 8>to agree a CEASEFI ideal before it's too late.

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<v Speaker 6>It's a two step process.

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<v Speaker 4>It's typically by either their current or intended use, not

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<v Speaker 4>speculative hypothetical. Maybe the Iranians will use this power plant

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<v Speaker 4>eventually someday to produce energy to fuel a particular weapons

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<v Speaker 4>production company. No, it's not speculative, it's intended use. We

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<v Speaker 4>have to have facts to show they intend to use it.

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<v Speaker 4>Second of all, the attack right the strike here, the

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<v Speaker 4>destruction that President Trump has promised has to provide a

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<v Speaker 4>definite military advantage.

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<v Speaker 6>That's not the end of the analysis.

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<v Speaker 4>If a power plant's only providing electricity to a military base,

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<v Speaker 4>it's an easy military, lawful military objective take it out.

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<v Speaker 6>But that's not what we're talking about.

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<v Speaker 4>We're talking about these power plants to produce electricity for

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<v Speaker 4>that is civilian infrastructure, for civilian cities, civilian home civilian hospitals.

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<v Speaker 4>The United States is required to take all feasible precautions

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<v Speaker 4>to mitigate the impact of that military strike, that action

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<v Speaker 4>on civilians. Then the last question becomes, Okay, even using

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<v Speaker 4>all feasible precautions and attack, we have to consider whether

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<v Speaker 4>or not that civilian harm is excessive compared to the

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<v Speaker 4>direct and concrete military advantage to be gained by taking

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<v Speaker 4>out that power grid. And President Trump ignor that distinction

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<v Speaker 4>completely is rejecting the entire premise of the law of war,

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<v Speaker 4>which forms the moral and legal foundation for how Americans

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<v Speaker 4>and our allies fight. We are no better than the

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<v Speaker 4>rogue state of Iran or Russia if we engage in

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<v Speaker 4>what President Trump is said we're going to engage in.

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<v Speaker 1>So Rightchel right now, if you're a military commander or

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<v Speaker 1>a military lawyer and you've got the president saying all

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<v Speaker 1>of these things, what position are you left in.

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<v Speaker 4>You're left in the position that you have to obey

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<v Speaker 4>lawful orders, and you have a legal duty and absolute

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<v Speaker 4>legal duty to disobey patently manifestly unlawful orders. And if

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<v Speaker 4>President Trump truly gives an order that says take out

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<v Speaker 4>all the power plants and all the bridges, the military

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<v Speaker 4>has an obligation to disobey that order. The smart military

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<v Speaker 4>commander giving Trump's mercurial and rather deranged behavior, would be yes, sir,

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<v Speaker 4>hey boss, We've got this terrific target set of a

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<v Speaker 4>one hundred bridges and power plants that we have determined

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<v Speaker 4>meet the high hurdle. They contribute to military action, they

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<v Speaker 4>offer a military advantage by destroying them. And it's definitely

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<v Speaker 4>not going to be all the bridges and power plants.

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<v Speaker 4>And in Iran, right, it can't just be oh to

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<v Speaker 4>weaken the morale of the civilian population because you're not

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<v Speaker 4>allowed to target the civilian population. It cannot just be

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<v Speaker 4>weakened the morale of the regime because where's the military

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<v Speaker 4>action there. There has to be a military nexus. So

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<v Speaker 4>by distilling his order right through the law of war,

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<v Speaker 4>the law of arm conflict, they can get to lawful

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<v Speaker 4>military objectives, and it's incumbent upon them to actually do so.

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<v Speaker 6>Otherwise they are.

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<v Speaker 4>Guilty of war crimes and there are no statute of

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<v Speaker 4>limitations for those. And I don't think President Trump can

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<v Speaker 4>part an absolute everybody within the Apartment defense sets that

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<v Speaker 4>would be involved in these.

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<v Speaker 6>Strikes coming up.

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<v Speaker 1>Will Trump's listen to the Loyes Rachel If we could

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<v Speaker 1>take a step back for a moment, as a military lawyer,

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<v Speaker 1>do you think that this war was even legal in

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<v Speaker 1>the first place.

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<v Speaker 5>No.

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<v Speaker 4>Under the framework of international law that's called the USAID

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<v Speaker 4>bellum that governs the resort to the use of force

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<v Speaker 4>on the global stage by states encapsulated in the United

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<v Speaker 4>Nations Charter, the United States did not face an imminent

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<v Speaker 4>threat of armed attack by Iran that would trigger its

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<v Speaker 4>Article fifty one right on Article fifty one in the

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<v Speaker 4>United Nations Charter to engage in force and self defense,

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<v Speaker 4>and there was no United Nations Security Council resolution obviously

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<v Speaker 4>authorizing this. The best argument the United States could make

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<v Speaker 4>is that that it simply joined an ongoing international arm conflict,

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<v Speaker 4>an already ongoing war between Iran and Israel, and so

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<v Speaker 4>we joined an allied But I don't buy that argument.

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<v Speaker 4>There are no objective indications that there were ongoing hostilities,

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<v Speaker 4>so I do think this is.

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<v Speaker 6>A war of choice.

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<v Speaker 4>However, the law of war doesn't care who started the war,

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<v Speaker 4>who's the aggressor, and who's not, because its purpose is

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<v Speaker 4>to minimize humans suffering and war, starting with civilians for us,

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<v Speaker 4>but also starting with those service members that are fighting

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<v Speaker 4>for their countries.

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<v Speaker 1>Rachel, do you think that anyone in the Pentagon right

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<v Speaker 1>now is really sitting back and assessing the legality of

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<v Speaker 1>these strikes.

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<v Speaker 4>Yes, because we have military lawyers and I was one

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<v Speaker 4>for a long time whose job is to assess strike packages.

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<v Speaker 4>The Geneva Conventions require that commanders have legal advisors available

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<v Speaker 4>to them and opening on things like target packages. Despite

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<v Speaker 4>the fact that Secretary of Defense Pete Hegseth fired the

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<v Speaker 4>top military lawyers of the services.

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<v Speaker 5>Ultimately, I want the best possible lawyers in each service

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<v Speaker 5>to provide the best possible recommendations, no matter what, to

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<v Speaker 5>lawful orders that are given.

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<v Speaker 6>And we didn't think those particular positions.

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<v Speaker 9>Were well suited and so we're looking.

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<v Speaker 6>For the best.

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<v Speaker 4>He did that soon after taking office, thereby sending a

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<v Speaker 4>message saying that you know, I don't want obstacles in

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<v Speaker 4>my way.

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<v Speaker 6>I don't want any roadblocks. Well, guess what the law

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<v Speaker 6>is a roadblock?

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<v Speaker 1>Do you think that Trump will pay any attention to

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<v Speaker 1>what they come up with, legal or not legal? Oh,

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<v Speaker 1>He's more likely to just go ahead and do what

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<v Speaker 1>he wants.

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<v Speaker 4>Well. Trump has his psycho fans around them, including those

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<v Speaker 4>at the Department of Justice and the Office of Legal Counsel,

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<v Speaker 4>who already wrote a legal memo, a laughable legal memo

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<v Speaker 4>that's classified. Still hasn't been released, but parts of it

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<v Speaker 4>have been discussed in the open media, saying that it's

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<v Speaker 4>lawful to kill civilians, to kill alleged drug smugglers outside

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<v Speaker 4>of the time of war. But those military lawyers don't

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<v Speaker 4>have access to the president. Usually the military lawyers advising

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<v Speaker 4>their commanders. I'm the chairman of the Joint chiefs of Staff,

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<v Speaker 4>and I also don't have much faith in guess he

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<v Speaker 4>was put in that position because he President Trump thinks

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<v Speaker 4>he's pliing. He's also not in the direct chain of command.

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<v Speaker 4>He's not passing on orders. But I'm hoping that his

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<v Speaker 4>lawyers are telling him, sir, we've got to be very

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<v Speaker 4>very careful about this, and not simply because it's the law.

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<v Speaker 4>We don't follow the law because of law sake. We

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<v Speaker 4>follow the law because it keeps our service members moral

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<v Speaker 4>compasses on true north we tell them they're going to

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<v Speaker 4>do awful things in war. We're going to order you

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<v Speaker 4>to do awful things and war. But they're lawful and

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<v Speaker 4>they're moral because the law has already taken into account

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<v Speaker 4>this balance between going after military targets, military objectives and

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<v Speaker 4>minimizing the impact on civilians.

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<v Speaker 1>So, Rachel, if the deadline passes, the strait of Hall

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<v Speaker 1>moves isn't reopened, the strikes are carried out, and then

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<v Speaker 1>down the track later on it's investigated. What would that

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<v Speaker 1>mean for the people who gave the orders and also

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<v Speaker 1>the soldiers and commanders at the end of the day

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<v Speaker 1>who have to carry them out.

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<v Speaker 4>I mean, the president has immunity because of the US

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<v Speaker 4>Supreme Court's decision from a few years ago that gives

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<v Speaker 4>some pretty total immunity for official acts. President Trump will

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<v Speaker 4>probably pardon Secretary Hegstath and give a prospective pardon, but

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<v Speaker 4>for those military members who received manifestly unlawful orders.

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<v Speaker 6>Clearly unlawful orders.

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<v Speaker 4>Directing that every single power plant and every single bridge

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<v Speaker 4>in Iran be destroyed is a manifestly, patently unlawful order.

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<v Speaker 4>That means that that commander that does not disobey that

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<v Speaker 4>order is guilty of that war crime, of indiscriminate attack

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<v Speaker 4>or else. There's universal jurisdiction under the Geneva Conventions, meaning

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<v Speaker 4>a country like Germany could draft war crime charges against

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<v Speaker 4>any of these members in the future. There is no

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<v Speaker 4>statue to limitations, including criminal punishment if warranted by the facts,

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<v Speaker 4>so it's not just a country should do this or

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<v Speaker 4>actually obligated to bring war criminals to account.

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<v Speaker 1>What do you think all of this says about the

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<v Speaker 1>state of international lule and how countries regarded, how the

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<v Speaker 1>US regards it, and how healthy it is not only

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<v Speaker 1>in the US but around the world right now.

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<v Speaker 4>I think the international order that was set up after

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<v Speaker 4>World War Two, largely in part to prevent a World

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<v Speaker 4>War III, is in danger of severe weakening and erosion,

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<v Speaker 4>and not only the disregard for the using force to

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<v Speaker 4>try to get what you want. That's dangerous enough as

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<v Speaker 4>it is, But then the threats by a sitting of

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<v Speaker 4>the United States President to engage in total warfare. So

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<v Speaker 4>today I see a rejection of international law. If we

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<v Speaker 4>have a Secretary of Defense that says, you know, we're

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<v Speaker 4>not going to fight by stupid rules of engagement.

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<v Speaker 9>We fight worse to win, not to defend. We unleash

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<v Speaker 9>overwhelming and punishing violence on the enemy. We also don't

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<v Speaker 9>fight with stupid rules of engagement tie the hands of

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<v Speaker 9>our warfighters to intimidate, demoralize, hunt, and kill the enemies

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<v Speaker 9>of our country.

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<v Speaker 6>Really, are we targeting children?

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<v Speaker 8>Now?

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<v Speaker 6>Are we targeting civilians?

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<v Speaker 4>Do we not care about the fundamental premise of the

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<v Speaker 4>law of war that we're going to fight honorably and

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<v Speaker 4>only go after military objectives and military personnel for say,

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<v Speaker 4>none of that matters. Well, then we are no better

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<v Speaker 4>than Iran, We are no better than Russia. And the

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<v Speaker 4>United States is entering into and leading the entry into dark,

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<v Speaker 4>dark times.

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<v Speaker 6>And that's frightening.

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<v Speaker 1>Rachel, thanks so much for talking to us today.

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<v Speaker 6>Thank you so much for having me.

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<v Speaker 1>Also in the news, one of Australia's most decorated soldiers,

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<v Speaker 1>Ben Robert Smith, has been taken into custody over the

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<v Speaker 1>alleged motives of unarmed Afghan civilians. Robert Smith was arrested

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<v Speaker 1>Sydney Domestic Airport yesterday and is expected to be charged

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<v Speaker 1>with five counts of war crime murder following a joint

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<v Speaker 1>investigation by the Office of the Special Investigator and the

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<v Speaker 1>Australian Federal Police. It follows mister Robert Smith's failed defamation

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<v Speaker 1>case against nine newspapers, in which the Federal Court found,

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<v Speaker 1>on the balance of probabilities that he was involved in

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<v Speaker 1>the murder of four unarmed men. No criminal findings were

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<v Speaker 1>made and mister Robert Smith has always maintained his innocence.

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<v Speaker 1>And Donald Trump has again lashed out of Australia for

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<v Speaker 1>refusing to back US military action against Iran. The U

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<v Speaker 1>S President has accused several allies of benefiting from US

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<v Speaker 1>protection while failing to return the favor, naming Australia alongside

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<v Speaker 1>Japan and South Korea. When asked precisely what Australia had

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<v Speaker 1>failed to provide, the US Prime Minister Anthony Alberizi said

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<v Speaker 1>that wasn't a question for him to answer, but stated

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<v Speaker 1>he wants to see a de escalation in the co inflict.

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<v Speaker 2>I think it's very clear that any further escalation needs

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<v Speaker 2>to be outlined what the objective is. So we've called consistently.

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<v Speaker 2>We haven't changed our position of calling for de escalation.

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<v Speaker 1>I'm Nicole Johnston. This is seven am. Thanks for listening.