H12102
War Criminals, Beware
The case will draw on a powerful new argument. The Military Commissions Act of 2006, which the President promoted and recently signed into law, provides retroactive immunity for civilians who violated the War Crimes Act, including officials of the Bush Administration. Such an attempt to provide immunity for their crimes, it will be argued, is in itself evidence of an effort to block prosecution of those crimes. Indeed, according to Scott Horton, chair of the International Law Committee of the New York City Bar Association, when Yugoslavia sought to immunize senior government officials, the United States declared the act itself to be evidence of such a conspiracy.
[Posted By ShiftShapers]Republished from The Nation via ICH
On November 14 a group of lawyers and other experts will come before the German federal prosecutor and ask him to open a criminal investigation targeting Donald Rumsfeld, Alberto Gonzales and other key Bush Administration figures for war crimes. The recent passage of the Military Commissions Act provides a central argument for the legal action, under the doctrine of universal jurisdiction: It demonstrates the intent of the Bush Administration to immunize itself legally from prosecution in the United States, even for the most serious crimes.
The Rumsfeld action was announced at a conference in New York City in late October titled “Is Universal Jurisdiction an Effective Tool?” The doctrine allows domestic courts to prosecute international crimes regardless of where the crime was committed, the nationality of the perpetrator or the nationality of the victim. It is reserved for only the most heinous offenses: genocide, war crimes and crimes against humanity, including torture. A number of countries around the world have enacted universal jurisdiction statutes; even the United States allows it for certain terrorist offenses and torture.
Many of the participants in the New York conference were human rights lawyers who have been expanding the use of universal jurisdiction since it…
Posted by ShiftShapers
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The recent passage of the Military Commissions Act demonstrates the intent of the Bush Administration to immunize itself legally from prosecution in the United States, even for the most serious crimes.
Waaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa.
IOW: would they plead not guilty retroactively if they weren’t already guilty?
So much toast amigos. So much toast.
Good luck to those Germans.
It’s a little ironic that Germany should be leading the way in facilitating the prosecution of American war criminals under “universal jurisdiction.” I suppose that’s the Dao of history at work.
Heh, I never knew what the “W” stood for in George “W”.
There is a nice ring to it…
George “War Criminal” Bush…
Now Cheney, I will not be satisfied until that man is
Gee, and there was me thinking it stood for “Wanker”
It’s a little ironic that Germany should be leading the way in facilitating the prosecution of American war criminals under “universal jurisdiction.” I suppose that’s the Dao of history at work.
hehe
YES WAR CRIMES PROCEEDINGS PLEASE!
just let cheney take shrub hunting,one in the box,one in the cell,think we could get cheney to stand close to an old faulty microwave?
If a krouts government were to ever seize a US official, we would have to administer another beat’n, sort of like another civilization trim down, kind of like what we gave them in the 40s.
Tough talk from a chicken-hawk.
Peace.You know, has nubbin ever actually said if he’s in the military or not? Israeli or otherwise? Maybe he’s a General… lol
If a krouts government were to ever seize a US official, we would have to administer another beat’n, sort of like another civilization trim down, kind of like what we gave them in the 40s.
who is “we”? are you part of the red army?
Ten Reasons Congress Must Investigate Bush Administration Crimes
Obviously, I’m most vocal about reasons #3 and #9
From #9:
At the close of the Vietnam war, the Church Committee established significant limits on executive authority, such as a strengthened Freedom of Information Act and a ban on assassination of foreign leaders. These were originally passed over the objection of then presidential aide Dick Cheney, and he devoted his Vice-Presidency to dismantling them.
and from #3:
oh, I’ll just put the whole thing here
Defending the Constitution by investigating breaches in the rule of law will allow Democrats to appeal to new bases of support among independents and others concerned about the rule of law. It provides a way of reaching out without selling out. The potential for such a broad and powerful coalition is exemplified by a recent statement by the Constitution Project — which includes both liberals and conservatives like David Keene, Chair of the American Conservative Union — that hails the election result as “an opportunity to restore checks and balances.” It says, “The president has asserted that he has virtually unrestrained authority and that Congress and the courts have none. Congress must exercise, and the president must respect, its constitutional obligation to legislate and conduct oversight on issues like NSA wiretapping, military commissions, the detention and treatment of ‘enemy combatants,’ habeas corpus, and the power to declare war.” If the Republicans were able to win by running on the Bible, Democrats can do far better by running on the Constitution and restoring the rule of law.
Impeachment Hearings for Bush & Co.? How about War Crimes Tribunals?
ACLU Lawsuit Begins, Claims Rumsfeld Ordered Torture: Lawyers representing Mr. Rumsfeld and three US Army commanders are set to appear in federal court here Friday in response to a lawsuit charging that the defense secretary authorized torture and other illegal abuse of military detainees in Afghanistan and Iraq – including at the infamous Abu Ghraib prison.