@Ionus,
When the truth about My Lai was eventually revealed, Henry Kissinger sent a note to White House Chief of Staff H.R. Haldeman: "Now that the cat is out of the bag, I recommend keeping the President and the White house out of the matter entirely." Nixon, for his part, blamed the New York Times - what he called "dirty rotten Jews from New York" - for covering the story. Perhaps what had the White House on edge was best articulated by Colonel Oran Henderson, charged with covering-up the My Lai killings, who explained in 1971: "Every unit of brigade size has its My Lai hidden someplace."
"This was not the only crime against civilians in Vietnam," Davis states. "It was not uncommon to see GIs use their Zippo lighters to torch an entire village." Indeed, My Lai was not an aberration. On the very same day that Lt. Calley entered into infamy, another U.S. Army company entered My Khe (a sister subhamlet of My Lai) and killed a reported 90 peasants. One of the My Khe veterans later said, "What we were doing was being done all over."
In his book, Nuremberg and Vietnam: An American Tragedy, Telford Taylor, chief United States prosecutor at Nuremberg, suggested that General William Westmoreland and others in the Johnson administration could be found guilty of war crimes under criteria established at Nuremberg.
The information presented within this article is not buried (except in mounds of spin) by the guilty. Anyone with a search engine or a library card can construct a convincing war crimes case against the United States. Acutely aware of this reality, Washington has refused to sign on to the recently proposed International Criminal Court (ICC).
Established by the Rome Statute of the International Criminal Court on July 17, 1998, the ICC is the "first ever permanent, treaty based, international criminal court established to promote the rule of law and ensure that the gravest international crimes do not go unpunished."
The United States is not happy about the ICC and Human Rights Watch explains why: "The Bush administration is attempting to negotiate bilateral impunity agreements with numerous countries around the globe. The goal of these agreements is to exempt U.S. military and civilian personnel from the jurisdiction of the ICC."
The need to protect its soldiers is the common U.S. justification for not signing on, but an "anonymous top Bush official," quoted in the Sept. 7, 2002 New York Times, articulated the real reasons: "The soldiers are like the capillaries; the top public officials - President Bush, Secretary Rumsfeld, Secretary Powell - they are at the heart of our concern."
Currently the under secretary of state for arms control and international security, John Bolton, further explained the U.S. position in 1998. "Much of the media attention to the American negotiating position on the ICC concentrated on the risks perceived by the Pentagon to American peacekeepers stationed around the world," said Bolton, in his role as head of the American Enterprise Institute. "Our real concern should be for the president and his top advisers. The definition of 'war crimes' includes, for example: 'intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities.'"