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53-643: The bill was sponsored by Representative Benjamin A. Gilman (Republican, NY-20 ) and co-sponsored by Representative Christopher Cox (Republican, CA-47 ). The bill was introduced as H.R. 4655 on September 29, 1998. The House of Representatives passed the bill 360–38 on October 5, and the Senate passed it with unanimous consent two days later. President Clinton signed the Iraq Liberation Act into law on October 31, 1998. The Act found that between 1980 and 1998 Iraq had: The Act declared that it

106-731: A Confederate officer, was held accountable and hanged for appalling conditions at Andersonville Prison where many Union soldiers died during the American Civil War . During the Second Boer War , the British Army court-martialed Breaker Morant , Peter Handcock , Alfred Taylor , and several other officers for multiple murders of POWs and many civilian noncombatants in the Northern Transvaal (see Court-martial of Breaker Morant ). After World War I ,

159-702: A counterweight against Chinese influence in the region, particularly in Pakistan . During the Kargil War against Pakistan, he urged American lawmakers to pressure the Pakistani government to withdraw from the conflict, stating that he held Pakistan solely responsible for the conflict. During a Hearing on the Status of Negotiations between China and Tibet in April 2000, Congressman Gilman said, “The Tibetan cause enjoys

212-766: A large scale and as a matter of official policy. Of the seven indicted organizations, the tribunal declared criminal the Leadership Corps of the party, the SS, the SD ( Sicherheitsdienst , 'Security Service'), and the Gestapo. In May 1993, during the Yugoslav Wars following the massive war crimes, and acts of "ethnic cleansing" in the former Yugoslavia by Bosnian-Serb forces, the United Nations established

265-666: A small number of German personnel were tried by a German court in the Leipzig War Crimes Trials for crimes allegedly committed during that war. Article 227 of the Treaty of Versailles , the peace treaty between Germany and the Allied Powers after the First World War , "publicly arraign[ed] Wilhelm von Hohenzollern , formerly German Emperor, for a supreme offence against international morality and

318-691: A systematic rule of violence , brutality, and terrorism by the German government in the territories occupied by its forces. Millions of persons were murdered in Nazi concentration camps , many of which were equipped with gas chambers for the extermination of Jews , Gypsies , and members of other ethnic or religious groups. Under the slave labor policy of the German government, at least 5 million persons had been forcibly deported from their homes to Germany. Many of them died because of inhumane treatment. The tribunal also found that atrocities had been committed on

371-502: A vastly different environment of another nation not only exposes our students to alternate views, but also adds an enriching social and cultural experience. It also provides our students with the opportunity to return home with a deeper understanding of their place in the world, encouraging them to be a contributor, rather than a spectator in the international community. Congressman Gilman retired from Congress in 2003 after New York's 20th congressional district , which he had represented,

424-605: Is expected to attract students from throughout the world, and houses Gilman's public papers from throughout his 36 years in elective office. Various photographs and memorabilia from throughout his career are on display. On Jun 14, 2011, Gilman was awarded the Top Honor Prize, and recognized by the World Peace Prize Awarding Council for being a lifelong champion of human rights: fighting world hunger, narcotic abuse and trafficking. Gilman

477-834: Is the sense of the Congress that once the Saddam Hussein regime is removed from power in Iraq, the United States should support Iraq's transition to democracy by providing immediate and substantial humanitarian assistance to the Iraqi people, by providing democracy transition assistance to Iraqi parties and movements with democratic goals, and by convening Iraq's foreign creditors to develop a multilateral response to Iraq's foreign debt incurred by Saddam Hussein's regime. President George W. Bush , who followed Clinton, often referred to

530-783: The Attorney General of New York from 1953 until 1955. Following this, he practiced law privately in his hometown of Middletown, New York. Gilman was a member of the New York State Assembly from 1967 to 1972, sitting in the 177th , 178th and 179th New York State Legislatures . He was a member of the New York State Southeastern Water Commission. Gilman first won election to Congress in 1972 to represent New York's 26th congressional district . New York's congressional districts had been redrawn in reapportionment, and in

583-821: The Cairo Declaration , the Potsdam Declaration , the Instrument of Surrender , and the Moscow Conference . The Potsdam Declaration (July 1945) had stated, "stern justice shall be meted out to all war criminals, including those who have visited cruelties upon our prisoners", though it did not specifically foreshadow trials. The terms of reference for the Tribunal were set out in the IMTFE Charter, issued on January 19, 1946. There

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636-595: The Hague Conventions and generally recognized by military forces of civilized nations); and crimes against humanity , such as the extermination of racial , ethnic , and religious groups and other such atrocities against civilians . On October 8, 1945, Anton Dostler was the first German general to be tried for war crimes by a U.S. military tribunal at the Palace Of Justice in Rome . He

689-737: The Hudson Valley district that he represented. Gilman was a 33 Degree Scottish Rite Freemason . A local Scottish Rite organization in Middletown, New York, the Benjamin Gilman Lodge of Perfection, is named in his honor and memory. Gilman died on December 17, 2016, at the Castle Point Veteran's Hospital in Fishkill (town), New York from surgical complications, eleven days after his 94th birthday. He

742-747: The International Criminal Tribunal for the Former Yugoslavia , to try war criminals of all nationalities. The crimes indicted included grave breaches of the Geneva Conventions , war crimes , crimes against humanity , and genocide ; it was the first tribunal in which sexual assault was prosecuted as a war crime. The ICTY was the first international war crimes tribunal since the Nuremberg Trials. Ultimately, nearly 161 individuals were indicted in

795-802: The Wharton School of Business at the University of Pennsylvania in 1946. He also earned an LL.B. from New York Law School . Gilman served in the United States Army Air Corps from 1942 until 1945 during World War II . During that conflict, he flew 35 missions over Japan, earning the Distinguished Flying Cross and the Air Medal with Oak Leaf Clusters. After graduating New York Law School in 1950, Gilman served as assistant attorney general to

848-539: The evidence submitted by the prosecution consisted of original military, diplomatic , and other government documents that fell into the hands of the Allied forces after the collapse of the German government. The judgment of the International Military Tribunal was handed down on September 30 and October 1, 1946. Among notable features of the decision was the conclusion, in accordance with

901-566: The murder , mistreatment , and deportation of hundreds of thousands of inhabitants of countries occupied by Germany during the war. Among the accused were the Nationalist Socialist leaders Hermann Göring and Rudolf Hess , the diplomat Joachim von Ribbentrop , the munitions maker Gustav Krupp von Bohlen und Halbach , Marshal Wilhelm Keitel , Grand Admiral Erich Raeder and 18 other military leaders and civilian officials . Seven organizations that formed part of

954-600: The Dalai Lama bestowed upon Congressman Gilman the International Campaign for Tibet's Light of Truth Award. On March 28, 2008, Gilman participated in the ribbon cutting ceremony for the Gilman Center for International Education in his hometown of Middletown, New York, on the campus of SUNY Orange, also known as Orange County Community College . This modern new facility for international studies

1007-496: The Dostler case, it also rejected the contention of a number of the defendants that they were not legally responsible for their acts because they performed the acts under the orders of superior authority, stating that "the true test . . . is not the existence of the order but whether moral choice (in executing it) was in fact possible." With respect to war crimes and crimes against humanity, the tribunal found overwhelming evidence of

1060-551: The ICTY: 68% of Serb ethnicity. Croatian-Serb, Bosnian-Serb, Serbian, and Bosnian-Croat officials were convicted of crimes against humanity, and Bosnian-Serb leaders of genocide. In 1994, the UN opened the International Criminal Tribunal for Rwanda following the April–June genocide in that country of Hutu nationals. The tribunals, while effective in prosecution of individuals, proved to be

1113-664: The International Academic Opportunity Act of 2000, establishing exchange programs for American students to study abroad. Named after Gilman is the Benjamin A. Gilman International Scholarship , a program for Pell Grant eligible American college students to study or intern abroad administered by the United States Department of State . Study abroad is a special experience for every student who participates. Living and learning in

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1166-677: The Iraq Liberation Act and its findings to argue that the Clinton administration supported regime change in Iraq – and, further, that it believed Iraq was developing weapons of mass destruction. The Act was cited as a basis of support in the Congressional Authorization for Use of Military Force Against Iraq in October 2002. Benjamin A. Gilman Benjamin Arthur Gilman (December 6, 1922 – December 17, 2016)

1219-469: The London Agreement, that to plan or instigate an aggressive war is a crime under the principles of international law. The tribunal rejected the contention of the defense that such acts had not previously been defined as crimes under international law and that therefore the condemnation of the defendants would violate the principle of justice prohibiting ex post facto punishments . As with

1272-532: The President authority to use U.S. Military force to achieve its stated goals and purposes, except as authorized under the Act in section 4(a)(2)) in carrying out this Act. In November 1998 President Clinton stated that "The evidence is overwhelming that such changes will not happen under the current Iraq leadership." The Act contemplated the future need for war crimes tribunals in Iraq stating, "The Congress urges

1325-472: The President to call upon the United Nations to establish an international criminal tribunal for the purpose of indicting, prosecuting, and imprisoning Saddam Hussein and other Iraqi officials who are responsible for crimes against humanity , genocide , and other criminal violations of international law." A generalized statement of policy toward the post-Hussein Iraq was also set forth stating, It

1378-488: The Saddam Hussein regime. On February 4, 1999 President Clinton designated seven groups as qualifying for assistance under the Act. (see Note to 22 U.S.C. 2151 and 64 Fed. Reg. 67810). The groups were The Act authorized the President to assist all such groups with: broadcasting assistance (for radio and television broadcasting), military assistance (training and equipment), and humanitarian assistance (for individuals fleeing Saddam Hussein). The Act specifically refused to grant

1431-726: The Select Congressional Committee on that problem, and was one of only two Members of Congress to vote in opposition to closing the book on the POW/MIA situation. He also became involved with world hunger in the 1970s, authoring the legislation creating a presidential Commission Against Hunger, to which he was subsequently appointed by President Jimmy Carter . As the chair of the House Committee on Foreign Affairs, from 1995 to 2002, Congressman Gilman consistently advocated stronger ties with India , as

1484-819: The U.N. Law of the Sea Conference. He was co-chair of the Committee on Irish Affairs and participated on the International Task Force on Narcotics. He was a recipient of the Secretary's Distinguished Service Award , a gold medal and certificate which represents the highest civilian honor bestowed by the State Department. Throughout his years in Congress, he was a member of the House Post Office and Civil Service Committee,

1537-614: The basic structure of the Nazi government were also charged as criminal . These organizations included the SS ( Schutzstaffel , 'Defense Corps'), the Gestapo ( Geheime Staatspolizei , 'Secret State Police'), and the SA ( Sturmabteilung , 'Storm Troops'), as well as the General Staff and High Command of the German armed forces . The trial began on November 20, 1945. Much of

1590-586: The establishment of the International Military Tribunal , composed of one judge and one alternate judge from each of the signatory nations, to try war criminals . Under the London Charter, the crimes charged against defendants fell into three categories: crimes against peace (crimes involving the planning, initiating, and waging a war of aggression ); war crimes (violations of the laws and customs of war as embodied in

1643-570: The general election Gilman defeated incumbent congressman John G. Dow , a Democrat who had been serving in New York's 27th congressional district , (which included most of the territory and population of the new 26th district). Gilman subsequently served in Congress from January 3, 1973, until January 3, 2003. During his time in Congress, he was chair of the House Committee on International Relations ( 104th through 106th Congresses). He

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1696-434: The global support that it does because it is a courageous attempt by a Nation and a people who are trying to regain what is rightfully theirs by throwing off the repression of colonization. It is in the interest of international stability to have Tibet once again serve as it had for 2000 years as a buffer zone strategically placed between India and China.” In recognition of his contribution to furthering U.S. ties with India, he

1749-628: The immediate execution of all Allied commandos , whether in proper uniforms or not, without trial if apprehended by German forces. The tribunal rejected the defense of Superior Orders and found Dostler guilty of war crimes. He was sentenced to death and executed by a firing squad on December 1, 1945, in Aversa . The Dostler case became precedent for the Nuremberg trials of German generals, officials, and Nazi leaders, beginning in November 1945, that

1802-550: The missiles to deliver them, and the feed stocks necessary to produce them. The UNSCOM inspectors believe that Iraq still has stockpiles of chemical and biological munitions, a small force of Scud-type missiles, and the capacity to restart quickly its production program and build many, many more weapons. ... Now, let's imagine the future. What if he fails to comply and we fail to act, or we take some ambiguous third route, which gives him yet more opportunities to develop this program of weapons of mass destruction and continue to press for

1855-690: The name of which evolved into the Government Reform and Oversight Committee in the 1990s. As a co-founder of the House Select Committee on Narcotics, he served as a senior member on that Committee (1977–1989) and continued to serve as a member until the committee was abolished in 1993. During the 1970s, Gilman became closely identified with the issue of Prisoners of War and Missing in Action in Southeast Asia . He served on

1908-511: The past few months, as [the weapons inspectors] have come closer and closer to rooting out Iraq's remaining nuclear capacity, Saddam has undertaken yet another gambit to thwart their ambitions by imposing debilitating conditions on the inspectors and declaring key sites which have still not been inspected off limits. ... It is obvious that there is an attempt here, based on the whole history of this operation since 1991, to protect whatever remains of his capacity to produce weapons of mass destruction,

1961-710: The policy of the United States to support efforts to remove the regime headed by Saddam Hussein from power in Iraq and to promote the emergence of a democratic government to replace that regime." On December 16, 1998, President Bill Clinton mandated Operation Desert Fox , a major four-day bombing campaign on Iraqi targets. President Clinton stated in February 1998: Iraq admitted, among other things, an offensive biological warfare capability, notably, 5,000 gallons of botulinum, which causes botulism; 2,000 gallons of anthrax; 25 biological-filled Scud warheads; and 157 aerial bombs. And I might say UNSCOM inspectors believe that Iraq has actually greatly understated its production. ... Over

2014-436: The primary requirement being opposition to the present Saddam Hussein regime. Such groups should, according to the Act, include a broad spectrum of Iraqi individuals, groups, or both, who are opposed to the Saddam Hussein regime, and are committed to democratic values, peaceful relations with Iraq's neighbors, respect for human rights, maintaining Iraq's territorial integrity, and fostering cooperation among democratic opponents of

2067-437: The release of the sanctions and continue to ignore the solemn commitments that he made? Well, he will conclude that the international community has lost its will. He will then conclude that he can go right on and do more to rebuild an arsenal of devastating destruction. And some day, some way, I guarantee you he'll use the arsenal. ... This act required the President to designate one or more qualified recipients of assistance, with

2120-463: The sanctity of treaties." The former Kaiser had escaped to the Netherlands, however, and despite demands for his extradition having been made, the Dutch refused to surrender him, and he was not brought to trial. Germany, as a signatory to the treaty, thus was placed on notice as to what might occur in the event of a subsequent war. After World War II , the phrase referred usually to the trials of German and Japanese leaders in courts established by

2173-425: The use of Superior orders as a defense did not relieve officers from responsibility of carrying out illegal orders or the liability of being punished in court. This principle was codified in Principle IV of the Nuremberg Principles and similar principles were found in sections of the Universal Declaration of Human Rights . The trials for the Japanese war criminals were established in Tokyo , Japan, to implement

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2226-434: The victorious Allied nations. The former trials were held in Nuremberg , Germany, under the authority of two legal instruments. One, the London Charter was signed by representatives of the United States , United Kingdom , France , and the Soviet Union in London on August 8, 1945; the other, Law No. 10, was promulgated by the Allied Control Council in Berlin on December 20, 1945. The London Charter provided for

2279-405: Was accused of ordering the killing of 15 captured U.S. soldiers of Operation Ginny II in Italy in March 1944. He admitted ordering the execution, but stated that he could not be held responsible, as he had just been following orders from his superiors. The execution of 15 U.S. prisoners of war in Italy ordered by Dostler was an implementation of Hitler 's Commando Order of 1942 which required

2332-410: Was an American politician and Republican member of the United States House of Representatives from Middletown, New York , from January 3, 1973, to January 3, 2003. Gilman was born in Poughkeepsie, New York , the son of Esther (Gold) and Harry Gilman. His parents were Austrian Jewish immigrants. Gilman graduated from Middletown High School in Middletown, New York , in 1941 and received a B.S. from

2385-411: Was awarded that country's second-highest civilian honor, the Padma Vibhushan , in 2001. He is one of only 12 foreigners, and one of only 3 Americans not of Indian origin, to have received the award. In his later years in Congress, Gilman was a vociferous and frequent critic of President Bill Clinton , particularly on matters related to American foreign policy. Congressman Gilman helped gain passage of

2438-531: Was broken up and dispersed among the 17th, 18th, 19th and 22nd Congressional Districts in the redistricting that followed the 2000 census and reapportionment . At the time of his retirement, Gilman was the oldest sitting representative in the U.S. House (in all of Congress, only Senators Strom Thurmond and Robert Byrd were older). He was the senior Republican representing New York, and the second-most senior Member from New York overall, behind only Charles B. Rangel . In 2003, following his retirement from Congress,

2491-439: Was major disagreement, both among the Allies and within their administrations, about whom to try and how to try them. Despite the lack of consensus, General Douglas MacArthur , the Supreme Commander of the Allied Powers , decided to initiate arrests. On September 11, a week after the surrender, he ordered the arrest of 39 suspects — most of them members of Prime Minister Hideki Tojo 's war cabinet. Tojo tried to commit suicide, but

2544-464: Was married three times and had five children. War crimes trials A war crimes trial is the trial of persons charged with criminal violation of the laws and customs of war and related principles of international law committed during armed conflict . The trial of Peter von Hagenbach by an ad hoc tribunal of the Holy Roman Empire in 1474, was the first "international" war crimes trials and also of command responsibility . Hagenbach

2597-411: Was married three times: to the former Jane Prizant (1927–2000), a lawyer and daughter of a well-known actor of the Yiddish theater , Hyman Prizant , to Rita Kelhofer, and to Georgia Tingus. His children from the first marriage were Jonathan Gilman, Susan Gilman-Harts, Harrison Gilman, David Gilman (deceased) and Ellen Gilman (deceased). After his retirement, he continued to live in Middletown, his home in

2650-404: Was put on trial for atrocities committed during the occupation of Breisach , found guilty, and beheaded. Since he was convicted for crimes, "he as a knight was deemed to have a duty to prevent", although Hagenbach defended himself by arguing that he was only following orders from the Duke of Burgundy , Charles the Bold , to whom the Holy Roman Empire had given Breisach. In 1865, Henry Wirz ,

2703-412: Was resuscitated with the help of U.S. doctors. He was later found guilty among others, and hanged. On October 18, 1945, the chief prosecutors lodged an indictment with the tribunal charging 24 individuals with a variety of crimes and atrocities, including the deliberate instigation of aggressive wars, extermination of racial and religious groups, murder and mistreatment of prisoners of war , and

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2756-643: Was the Policy of the United States to support "regime change." The Act was passed 360–38 in the U.S. House of Representatives and by unanimous consent in the Senate . US President Bill Clinton signed the bill into law on October 31, 1998. The law's stated purpose was: "to establish a program to support a transition to democracy in Iraq." Specifically, Congress made findings of past Iraqi military actions in violation of International Law and that Iraq had denied entry of United Nations Special Commission on Iraq (UNSCOM) inspectors into its country to inspect for weapons of mass destruction. Congress found: "It should be

2809-414: Was widely regarded as a moderate Republican in the mold of New York's Nelson Rockefeller He was active on foreign affairs issues, serving as a Congressional delegate to the United Nations, serving under Ambassador Jeane Kirkpatrick in 1981. He was a Member of the Ukraine Famine Commission, a member of the U.S., European, Canadian and Mexican Interparliamentary conferences, and a Congressional Advisor to

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