Abstract

This article asks whether, in waging war in the Middle East, the Bush–Cheney Administration developed and executed a conspiracy comparable to the one for which Nazi leaders were tried, convicted, and executed at Nuremberg after World War II. To meet the Nuremberg standards, such a conspiracy must include efforts to subvert the constitutional order. Today, scholars refer to these actions as ‘state crimes against democracy’ (SCADs). After explicating the Nuremberg standards, the article applies them to the Bush–Cheney Administration's ‘war on terror’. The conclusion reached is that evidence of a SCAD-driven conspiracy is extensive and certainly adequate by the Nuremberg standards to warrant investigations and trials.

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