How America Gets Away

Author: Michael Mandel

Michael Mandel is a renowned scholar and Professor of Law at Osgoode Hall Law School, York University in Toronto, Canada . His expertise lies at the intersection of international law, war crimes, and human rights.

Professor Mandel is not only an academic but also an active legal practitioner and commentator in this field. He has taught law at universities in Italy and Israel and frequently appears as a commentator on radio and television . In 1999, he led an international effort to have NATO leaders prosecuted for crimes against humanity committed during the Kosovo war, demonstrating his direct engagement with the issues he writes about. He is also the co-Chair of Lawyers Against the War, an organization founded in Canada with members in thirteen countries . His work is praised by prominent intellectuals like Noam Chomsky and Edward S. Herman for its careful documentation and convincing arguments .

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Book: How America Gets Away with Murder: Illegal Wars, Collateral Damage and Crimes Against Humanity

Publication Date: July 2004 (Paperback)

Core Argument: The central question of the book is: If the U.S. wars in Kosovo (1999), Afghanistan (2001), and Iraq (2003) were illegal under international law—thus constituting “supreme international crimes”—why do international war crimes tribunals never prosecute American leaders? The book argues that a flawed and politicized international justice system has granted U.S. leaders impunity, which in turn encourages further illegal wars and the resulting war crimes .

Key Topics and Structure: The book is divided into two main parts :

· Part I: Illegal Wars / Collateral Damage – This section provides a detailed legal and critical analysis of the three specific conflicts:
· Iraq 2003: Examining the failure to secure UN Security Council authorization.
· Afghanistan 2001: Analyzing the claim of “self-defense” against the 9/11 attacks.
· Kosovo 1999: Deconstructing the claim of a “humanitarian intervention” by NATO.
· Part II: Crimes Against Humanity – This section focuses on the war crimes system itself. It includes:
· An analysis of the workings of international war crimes tribunals.
· A specific examination of the trial of Slobodan Milosevic.
· The book’s core thesis: how the system ends up putting “the usual suspects” (America’s enemies) on trial while allowing the U.S. to “get away with murder” .

Why This Book Stands Out: It is a direct, critical, and legal account from a scholar who has actively challenged U.S. and NATO policy. It provides a legal framework for understanding the concept of “illegal wars” and explains the geopolitical dynamics that prevent accountability. The book is described as “essential reading,” “sad and grim, and necessary” .