The Trial of Henry Kissinger

The Trial of Henry Kissinger Plot Summary

Introduction

Henry Kissinger, one of the most influential and controversial figures in American foreign policy, has long been regarded as a statesman of remarkable diplomatic acumen. Yet beneath this veneer of statesmanship lies a troubling legacy of actions that may constitute serious violations of international law and human rights. Through meticulous examination of declassified documents, testimonies, and historical records, a compelling case emerges that challenges the conventional narrative surrounding Kissinger's tenure as National Security Advisor and Secretary of State. The significance of examining Kissinger's conduct extends beyond historical curiosity. It raises fundamental questions about accountability in international relations, the moral responsibilities of those in power, and whether the principles of justice apply equally to all individuals regardless of their status or nationality. The analysis provided here establishes a framework for understanding how foreign policy decisions made in private can lead to devastating consequences for vulnerable populations abroad, and how the strategic calculus of great powers often overlooks basic humanitarian considerations. By following this analytical journey through specific cases and contexts, readers will gain insight into how power operates in the shadows of diplomacy and how the careful unpacking of historical evidence can reveal patterns of conduct that demand moral and legal scrutiny.

Chapter 1: The Pattern of Criminality: An Overview of Kissinger's Offenses

The accusations against Henry Kissinger constitute not merely isolated incidents but a systematic pattern of conduct spanning multiple continents and administrations. The evidence reveals six major categories of alleged criminal activity: the deliberate extension of conflict in Vietnam for political gain; the secret and illegal bombing of Cambodia and Laos; the subversion of democracy in Chile; complicity in genocidal actions in Bangladesh and East Timor; constitutional violations through domestic surveillance; and direct involvement in assassination plots against foreign leaders. What distinguishes these actions from routine diplomatic maneuvers is their clear contravention of both domestic and international law. The secret bombing of Cambodia, for instance, violated not only Cambodian sovereignty but also the U.S. Constitution by circumventing Congressional approval. Similarly, the orchestration of a coup against Chile's democratically elected government breached international law prohibiting interference in sovereign states' internal affairs. These were not instances of realpolitik operating in legal gray areas, but direct violations of established legal principles. The evidence for these accusations comes from multiple sources: declassified government documents, congressional testimony, diplomatic cables, memoirs of participants, and contemporaneous accounts. Particularly damning are Kissinger's own telephone transcripts and memoranda, which reveal his direct knowledge of and participation in activities he would later deny. In the case of Chile, for example, declassified minutes from meetings Kissinger chaired explicitly document the planning of actions to "make the economy scream" and discussions about the potential assassination of military figures loyal to President Salvador Allende. The significance of this pattern lies in its demonstration of a consistent disregard for legal constraints and human rights considerations when they conflicted with perceived strategic interests or personal political calculations. These were not actions taken in response to imminent national security threats but deliberate policy choices made with full awareness of their legal implications and humanitarian consequences. This systematic nature transforms what might otherwise be viewed as policy failures into potential crimes warranting judicial examination.

Chapter 2: The Political Context: Cold War Realpolitik and Moral Accountability

The Cold War era presented unique challenges to American foreign policy, with the perceived existential threat of Soviet expansion creating a context where traditional moral constraints were often subordinated to strategic imperatives. Kissinger emerged as the preeminent practitioner of realpolitik - a foreign policy approach emphasizing practical objectives rather than ethical ideals. This approach viewed international relations primarily as a chessboard where great powers maneuvered for advantage, with smaller nations frequently reduced to pawns in a larger game. Kissinger's intellectual background as a scholar of 19th-century European diplomacy significantly influenced his worldview. His doctoral dissertation on Metternich and the Congress of Vienna revealed his admiration for the balance-of-power politics that maintained stability in post-Napoleonic Europe. This historical perspective led him to emphasize order over justice and stability over democratic values - a preference explicitly articulated in his academic writings and later implemented in his diplomatic practice. When confronted with revolutionary movements or democratic upheavals that threatened to disrupt regional stability, Kissinger consistently prioritized maintaining existing power structures over supporting democratic aspirations. The national security apparatus Kissinger controlled as National Security Advisor and later as Secretary of State provided unprecedented opportunities to implement this vision. His chairmanship of the 40 Committee, which approved covert operations, allowed him to direct interventions around the globe with minimal oversight. The concentration of foreign policy authority in Kissinger's hands, particularly during Nixon's preoccupation with Watergate, created a situation where a single individual could determine the fate of foreign populations with little domestic accountability. While Cold War imperatives created genuine dilemmas, the legal framework governing international conduct remained operational. The Nuremberg principles established after World War II explicitly rejected "necessity" as a defense for war crimes. Similarly, the Geneva Conventions and the United Nations Charter established clear limitations on the conduct of warfare and intervention in sovereign states. These international legal constraints were supplemented by domestic legislation like the War Powers Act and constitutional requirements for congressional approval of military actions. Kissinger's approach consistently circumvented these legal frameworks when they impeded his preferred policies. The fundamental question raised by Kissinger's tenure is whether the ends justified the means. Even if one accepts the necessity of containing Soviet influence, the specific methods chosen - from carpet bombing civilian areas to supporting genocidal regimes - far exceeded what was strategically necessary and violated fundamental legal and moral principles. The Cold War context explains the motivations behind these policies but cannot excuse their implementation in ways that violated established legal norms and resulted in massive civilian casualties.

Chapter 3: The Vietnam War: Extending Conflict for Political Gain

The evidence reveals a disturbing reality regarding the 1968 Paris peace negotiations that might have ended the Vietnam War. Acting as an unofficial channel between the Nixon campaign and South Vietnamese representatives, Kissinger conveyed messages encouraging South Vietnam to withdraw from peace talks initiated by the Johnson administration. Declassified FBI surveillance records and diplomatic cables confirm this back-channel communication. The South Vietnamese government, assured of better terms under a Nixon presidency, subsequently boycotted the peace negotiations just days before the U.S. election, effectively sabotaging the peace process. The immediate consequence was Nixon's narrow electoral victory over Hubert Humphrey, whose campaign had been centered on promises of peace. More tragically, this political maneuver extended the Vietnam conflict for four additional years, during which approximately 20,000 more American servicemen died, along with hundreds of thousands of Vietnamese, Cambodian, and Laotian civilians. When peace was finally achieved in 1973, the terms were virtually identical to those available in 1968, confirming that the extended bloodshed served no strategic purpose beyond political calculation. Kissinger's management of the war after taking office demonstrated a consistent pattern of escalation and expansion rather than the promised peace. Under his guidance, bombing campaigns intensified dramatically, with more bombs dropped on Vietnam, Laos, and Cambodia between 1969 and 1973 than in all previous years combined. Operations like "Linebacker" and "Menu" brought unprecedented destruction to civilian areas, while the policy of measuring success through "body counts" encouraged indiscriminate violence against civilian populations. Internal White House memoranda and Kissinger's recorded conversations with Nixon reveal the political calculations behind military decisions. In one particularly revealing exchange documented in H.R. Haldeman's diaries, Kissinger advised against early withdrawal from Vietnam because "the adverse reaction to it could set in well before the '72 elections." He instead favored "a continued winding down and then a pullout right at the fall of '72 so that if any bad results follow they will be too late to affect the election." This explicit subordination of military strategy to electoral considerations represented a fundamental betrayal of both democratic principles and the trust of American servicemen. The final act of this tragedy played out in the chaotic evacuation of Saigon in 1975, leaving behind many Vietnamese who had served alongside American forces. The rapid collapse of South Vietnam after American withdrawal demonstrated the futility of the extended conflict and raised profound questions about whether the additional years of warfare had served any purpose beyond political advantage. The unnecessary extension of the Vietnam War remains perhaps the clearest example of how political calculations took precedence over both strategic interests and humanitarian concerns in Kissinger's approach to foreign policy.

Chapter 4: Cambodia and Laos: The Illegal Bombing Campaigns

The secret bombing of Cambodia, initiated in March 1969 under the codenames "Operation Menu" and "Operation Freedom Deal," represented one of the most flagrant violations of both international and domestic law during Kissinger's tenure. Without congressional authorization or public acknowledgment, B-52 bombers dropped over 2.7 million tons of ordnance on Cambodia - more than all bombs dropped by Allied forces during World War II. The bombing campaign deliberately targeted civilian areas and agricultural regions to destroy the social infrastructure supporting potential resistance. The legal violations were manifold. Domestically, the bombing violated constitutional requirements for congressional approval of military actions and deliberately circumvented the appropriations process. To conceal these operations, Kissinger established an elaborate dual reporting system where pilots filed false reports about their targets while actual bombing data was channeled through a separate, classified system. When military officers raised concerns about these deceptions, Kissinger personally intervened to maintain secrecy, later ordering wiretaps on journalists and government officials suspected of leaking information about the campaign. Internationally, the bombing violated Cambodian neutrality, which had been recognized by the United States, and contravened provisions of the Geneva Conventions prohibiting indiscriminate attacks on civilian populations. The campaign did not distinguish between military and civilian targets and employed tactics specifically designed to maximize civilian casualties, including the use of anti-personnel weapons and delayed-action bombs that would continue to kill long after missions ended. The humanitarian consequences were catastrophic. Conservative estimates suggest between 150,000 and 500,000 Cambodian civilians died as a direct result of the bombing. The destruction of Cambodia's agricultural heartland created a refugee crisis involving millions of displaced persons and contributed to conditions of mass starvation. Perhaps most significantly, the bombing campaign destabilized Cambodia's political system, creating conditions that enabled the rise of the genocidal Khmer Rouge regime under Pol Pot, whose subsequent atrocities killed an additional 1.7 million Cambodians. Similar operations in Laos, conducted under the codename "Operation Barrel Roll," transformed that country into the most heavily bombed nation in history on a per capita basis. As in Cambodia, these operations were conducted without congressional approval and targeted primarily civilian infrastructure. The lasting legacy includes not only hundreds of thousands of civilian casualties but also approximately 80 million unexploded bombs that continue to kill and maim Laotian civilians today, particularly children who mistake the smaller bomblets for toys. Declassified documents reveal Kissinger's direct involvement in selecting bombing targets and his consistent pressure to intensify these campaigns despite warnings about civilian casualties. When confronted about these operations years later, Kissinger would claim they targeted only military objectives - a claim contradicted by both contemporary military records and the testimony of the pilots who conducted the missions.

Chapter 5: Chile and Latin America: Undermining Democracy for State Interests

The overthrow of Chile's democratically elected government under Salvador Allende in 1973 stands as perhaps the most thoroughly documented case of direct U.S. intervention in Latin American politics. Following Allende's narrow electoral victory in September 1970, Kissinger chaired a series of meetings of the 40 Committee that authorized covert operations designed to prevent Allende from taking office and, when that failed, to destabilize his government. Declassified CIA documents and meeting transcripts confirm Kissinger's direct role in initiating and overseeing these operations despite reservations from other government officials and explicit warnings about their illegality. The initial operation, codenamed "Track II," involved direct support for military officers planning a coup. When Chile's constitutionalist military chief, General René Schneider, opposed these plans, Kissinger authorized the provision of weapons and $50,000 to conspirators who subsequently assassinated Schneider. Though Kissinger would later deny involvement, declassified cables confirm his personal approval of both funding and weapons transfers to the plotters, with one cable stating explicitly that "headquarters must respond during morning 20 October to queries from high levels" - a reference to Kissinger himself requesting updates on the operation. Following Allende's confirmation as president, Kissinger implemented economic warfare against Chile, instructing international financial institutions to deny credit and pressuring private companies to withdraw investments. Internal memoranda explicitly state the goal of making the "economy scream" to create conditions for a coup. Simultaneously, the CIA provided funding and training to right-wing paramilitary groups like Patria y Libertad, which conducted bombing campaigns and assassinations targeting Allende supporters. When the military coup finally occurred on September 11, 1973, resulting in Allende's death and the installation of General Augusto Pinochet's dictatorship, Kissinger provided immediate diplomatic support despite intelligence reports detailing widespread human rights abuses. Declassified State Department documents reveal Kissinger personally intervened to ensure continued military aid to the Pinochet regime despite congressional restrictions based on human rights concerns, telling the Chilean foreign minister, "We want to help, not undermine you." The Chilean intervention became the template for similar operations throughout Latin America under Operation Condor, a transnational program coordinating repression across military dictatorships. With Kissinger's knowledge and approval, the CIA provided technical assistance for surveillance, torture techniques, and assassination methods to security forces in Argentina, Uruguay, Paraguay, Bolivia, and Brazil. These operations resulted in an estimated 60,000 deaths and disappearances of political opponents, human rights advocates, journalists, and academics across the region. The significance of these interventions extends beyond their immediate humanitarian consequences. By systematically undermining democratic institutions and supporting military dictatorships, these policies contradicted America's professed values and created a legacy of anti-American sentiment throughout Latin America that persists to this day. They also established a dangerous precedent for intervention in democratic processes that undermined the international legal order the United States had helped establish after World War II.

Chapter 6: East Timor and Bangladesh: Supporting Genocide as Policy

The Indonesian invasion of East Timor in December 1975 and the Pakistani military campaign in Bangladesh in 1971 represent two of the clearest examples of genocide actively facilitated by American policy under Kissinger's direction. In both cases, Kissinger provided diplomatic cover, military equipment, and political support to regimes engaged in mass atrocities despite explicit warnings from American diplomats and intelligence officials about the humanitarian consequences. The East Timor case is particularly damning due to the precise timing and explicit nature of American complicity. Declassified documents reveal that Kissinger and President Ford met with Indonesian dictator Suharto in Jakarta on December 6, 1975, where they were informed of Indonesia's plans to invade East Timor. Rather than opposing this illegal action, Ford stated: "We understand the problem and the intentions you have," while Kissinger added only the caveat that "it is important that whatever you do succeeds quickly" and suggested the invasion be delayed until after their departure from Indonesia to maintain deniability. The Indonesian military launched its invasion immediately after Ford and Kissinger left Jakarta, using American-supplied weapons in direct violation of U.S. law prohibiting their use for offensive operations. As reports of mass killings reached Washington, Kissinger's primary concern was concealing American involvement rather than halting the atrocities. When State Department legal advisors determined that continued military aid to Indonesia violated the Foreign Assistance Act, Kissinger exploded in a recorded meeting: "The Indonesians were violating an agreement with us... The Israelis when they go into Lebanon—when was the last time we protested that?" He then ordered continued weapons shipments despite their illegal status. The consequences for East Timor were catastrophic. Approximately 200,000 East Timorese—one-third of the population—died from violence, starvation, and disease during the subsequent occupation. Indonesian forces employed napalm and chemical defoliants against civilian populations, conducted systematic campaigns of torture and sexual violence, and implemented forced relocations creating conditions of mass starvation. Throughout this period, Kissinger maintained close personal and financial relationships with Indonesian officials, later becoming a paid consultant to American corporations investing in Indonesian resource extraction projects. Similarly, in Bangladesh (then East Pakistan), Kissinger provided unwavering support to Pakistan's military government during its 1971 genocidal campaign against Bengali civilians. When American consul Archer Blood sent a telegram describing Pakistani atrocities as "genocide" and urging intervention, Kissinger had him recalled from his post. Declassified documents reveal Kissinger personally intervened to ensure continued military support to Pakistan despite intelligence reports documenting systematic massacres of civilians and the targeting of intellectuals, religious minorities, and political opponents. Kissinger's support for Pakistan continued even after receiving confirmed reports of massacres in which hundreds of thousands of civilians were killed. When confronted with evidence of atrocities, Kissinger dismissed concerns about "what Indians call genocide or what Pakistanis call genocide." This callous disregard for human life reflected a consistent pattern of subordinating humanitarian concerns to perceived strategic interests, even when those interests were difficult to define beyond maintaining relationships with authoritarian regimes.

Chapter 7: Domestic Subversion: Surveillance and Constitutional Violations

While Kissinger's foreign policy actions have received more attention, his domestic activities reveal equally troubling patterns of constitutional violations and abuses of power. As National Security Advisor and Secretary of State, Kissinger authorized and directed extensive surveillance operations against American citizens, including government officials, journalists, and political activists, often in direct violation of constitutional protections and statutory limitations on intelligence activities. The wiretapping program initiated in 1969 targeted seventeen individuals, including seven members of the National Security Council staff and several journalists suspected of leaking information about the Cambodia bombing. These wiretaps were implemented without judicial warrants and outside the established legal procedures for domestic surveillance. When the FBI expressed reservations about the legality of these operations, Kissinger personally pressured FBI Director J. Edgar Hoover to proceed, later using the information gathered to identify and remove officials who questioned his policies. Particularly disturbing was Kissinger's targeting of his own staff members suspected of disloyalty. Morton Halperin, a senior NSC advisor who expressed concerns about the Cambodia bombing, had his home telephone tapped for 21 months. This surveillance continued long after Halperin left government service and included recording conversations with his family members and attorneys. When this illegal wiretapping was later discovered, Kissinger provided misleading testimony to congressional investigators and courts, falsely claiming he had only received summaries rather than transcripts of intercepted calls. These domestic operations extended beyond wiretapping to include the creation of "enemies lists" of journalists and academics critical of administration policies. Kissinger personally identified targets for tax audits, denial of security clearances, and other forms of harassment. He also authorized the formation of the White House "plumbers" unit, ostensibly to investigate leaks but subsequently involved in illegal break-ins and political sabotage operations that culminated in the Watergate scandal. The constitutional implications were profound. Kissinger's actions violated First Amendment protections for press freedom and political expression, Fourth Amendment guarantees against unreasonable searches, and fundamental separation of powers principles by circumventing judicial oversight. These violations were not incidental but reflected a consistent pattern of contempt for constitutional constraints and democratic accountability. Perhaps most significantly, Kissinger established dangerous precedents for executive overreach in national security matters. By invoking national security as justification for illegal domestic activities, he helped create the concept of a "national security exception" to constitutional protections that would be exploited by subsequent administrations. The systematic nature of these violations demonstrated not isolated lapses in judgment but a fundamental rejection of constitutional principles when they constrained his exercise of power. The legacy of these domestic operations includes not only the immediate violations of individual rights but also the long-term erosion of constitutional safeguards against executive abuse. The Church Committee investigations later concluded that these activities represented "a fundamental attack on the democratic process" and led to significant reforms in intelligence oversight. However, the precedents established during this period continue to influence debates about executive power and national security to this day.

Chapter 8: Legal Precedents: War Crimes and the Question of Immunity

The legal framework for evaluating Kissinger's actions has evolved significantly since his time in office, with international law increasingly rejecting immunity for former government officials accused of serious human rights violations. The Nuremberg principles, established after World War II, explicitly rejected the defense of "following orders" and established individual accountability for violations of international law regardless of official position. These principles have been reinforced through subsequent developments in international humanitarian law, including the Geneva Conventions, the Convention Against Torture, and the Rome Statute establishing the International Criminal Court. Critical legal precedents have emerged from both international and domestic courts that directly challenge Kissinger's presumed immunity. The most significant was the 1998 arrest of former Chilean dictator Augusto Pinochet in London based on a Spanish extradition request. The British House of Lords rejected Pinochet's claims of sovereign immunity, ruling that certain crimes, including torture and crimes against humanity, cannot be considered official acts protected by immunity. This landmark decision established the principle that former heads of state could be held accountable for international crimes, regardless of domestic amnesty provisions or traditional diplomatic immunities. Similar legal developments have occurred in domestic courts. In the United States, the Alien Tort Claims Act has been interpreted to allow civil suits against foreign officials responsible for violations of international law, regardless of where those violations occurred. The Torture Victim Protection Act specifically authorizes civil actions against individuals who, under actual or apparent authority of any foreign nation, engage in torture or extrajudicial killing. These laws provide potential avenues for victims of policies Kissinger directed to seek legal redress in American courts. The specific legal vulnerabilities Kissinger faces are substantial. The secret bombing of Cambodia and Laos violated both the United Nations Charter's prohibition on the use of force against sovereign states and the Hague Conventions governing the conduct of warfare. The targeting of civilian populations violated the Geneva Conventions, while the deliberate destruction of agricultural areas to create starvation conditions potentially constitutes genocide under the Genocide Convention. Support for assassination operations against foreign officials violated both international prohibitions on political assassination and domestic legislation including the presidential ban on assassination established by Executive Order 12333. Importantly, there is no statute of limitations for war crimes and crimes against humanity under international law. This principle was explicitly affirmed in the 1968 Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity, which declared that these offenses remain prosecutable regardless of when they were committed. This means that legal accountability remains possible despite the passage of time. Recent cases demonstrate this is not merely theoretical. In 2001, Kissinger was summoned by French magistrate Roger Le Loire to answer questions regarding his knowledge of Operation Condor and the disappearance of French citizens in Chile. Similar summonses have been issued by courts in Argentina, Spain, and Chile. While Kissinger has thus far avoided responding to these summonses by refusing to travel to countries where he might face legal jeopardy, these actions demonstrate that the international legal system increasingly rejects the impunity that powerful officials have traditionally enjoyed.

Summary

The evidence assembled against Henry Kissinger reveals a consistent pattern of conduct that transcends simple policy disagreements and enters the realm of potential criminal liability under both domestic and international law. Through his direction of covert operations, authorization of illegal bombing campaigns, support for genocidal regimes, and involvement in assassination plots, Kissinger systematically violated legal constraints on the exercise of power while demonstrating callous disregard for human suffering. The documentation of these actions through declassified government records, congressional investigations, court proceedings, and firsthand accounts provides a compelling basis for legal accountability that cannot be dismissed as merely retrospective moral judgment. What makes this case particularly significant is how it challenges fundamental assumptions about power and accountability in international relations. If the legal principles established at Nuremberg and subsequent human rights conventions are to have meaning, they must apply not only to defeated enemies and deposed dictators but also to officials of powerful nations who violate those same norms. The gradual erosion of immunity doctrines and the increasing willingness of courts around the world to exercise jurisdiction over international crimes suggests a shifting legal landscape where even the most powerful may eventually face consequences for their actions. This evolution toward universal accountability represents perhaps the most important development in international law since the establishment of the United Nations system itself - a recognition that certain fundamental principles of humanity transcend national boundaries and political convenience.

About Author

Loading...

Christopher Hitchens

Christopher Hitchens was a British-American author, journalist, and literary critic known for his sharp wit, polemical writing, and outspoken views on religion, politics, and culture. He was a prolific essayist and columnist, contributing to publications such as The Atlantic, Vanity Fair, Slate, and The Nation.A staunch critic of totalitarianism and organized religion, Hitchens became one of the most prominent public intellectuals of his time. His book God Is Not Great: How Religion Poisons Everything (2007) became a bestseller and solidified his place as a leading figure in the New Atheism movement. He was equally fearless in political criticism, taking on figures across the ideological spectrum, from Henry Kissinger (The Trial of Henry Kissinger, 2001) to Bill and Hillary Clinton (No One Left to Lie To, 1999).Originally a socialist and supporter of left-wing causes, Hitchens later distanced himself from the left, particularly after the September 11 attacks, when he became a vocal advocate for the U.S. invasion of Iraq. His ideological shift, combined with his formidable debating skills, made him a controversial yet highly respected figure.Hitchens was also known for his literary criticism, writing extensively on figures such as George Orwell, Thomas Jefferson, and Karl Marx. His memoir, Hitch-22 (2010), reflected on his personal and intellectual journey.In 2010, he was diagnosed with esophageal cancer but continued to write and speak publicly until his death in 2011. His fearless engagement with ideas, incisive arguments, and commitment to reason remain influential long after his passing.

Read more

Related Books by Christopher Hitchens

Loading...

God Is Not Great

Christopher Hitchens

How Religion Poisons Everything

★★★½☆4.0

Loading...

Mortality

Christopher Hitchens

Christopher Hitchens’ essays on dying

★★★★☆4.1

Loading...

The Missionary Position

Christopher Hitchens

Mother Teresa in Theory and Practice

★★★★☆4.1