The War Crimes Act of 1996: Bush, Rumsfeld could be Indicted under
US Law
SOURCE W/LINKS:
http://georgewashington.blogspot.com/
The War Crimes Act of 1996, a federal statute set forth at 18 U.S.C.
§ 2441, makes it a federal crime for any U.S. national, whether
military or civilian, to violate the Geneva Convention by engaging
in murder, torture, or inhuman treatment.
The statute applies not only to those who carry out the acts, but
also to those who ORDER IT, know about it, or fail to take steps to
stop it. The statute applies to everyone, no matter how high and
mighty.
18 U.S.C. § 2441 has no statute of limitations, which means that a
war crimes complaint can be filed at any time.
The penalty may be life imprisonment or -- if a single prisoner dies
due to torture -- death. Given that there are numerous, documented
cases of prisoners being tortured to death by U.S. soldiers in both
Iraq and Afghanistan, that means that the death penalty would be
appropriate for anyone found guilty of carrying out, ordering, or
sanctioning such conduct.
Here's where it gets interesting. The general in charge of the
notorious Abu Ghraib prison in Iraq stated this week that Secretary
of Defense Donald Rumsfeld and other top administration officials
ORDERED that inhuman treatment and torture be conducted as part of a
deliberate strategy.
It has also recently come out that, even after the torture at Abu
Ghraib hit the news, torture still continues at that prison and,
indeed, the U.S. is still torturing people worldwide. Even to the
casual observer, it is obvious that the administration has no plans
to stop, but has instead been working tirelessly to make it easier
to carry out torture in the future.
Let's recap. We now know that torture in Iraq was ordered by top
officials, and that torture is continuing, notwithstanding the
administration's claims that it was only "a couple of bad apples"
that were responsible for Abu Ghraib. Making a potential
prosecutor's job easier, U.S. Attorney General Alberto Gonzales
wrote a memo in January 2002 to President Bush saying that America
should opt out of the Geneva Convention because top officials have
to worry about prosecutions under 18 U.S.C. § 2441. By attempting to
sidestep the Geneva Convention, Gonzales created a document trail
that can be used to prove that top administration officials
knowingly created a policy of torturing prisoners, and that such a
policy could reasonably have been expected to result in the death of
some prisoners.
The U.S. did opt out of the Geneva Convention for the Afghanistan
war, but we never opted out of the Geneva Convention for Iraq.
Indeed, President Bush has repeatedly stated that Geneva applies in
Iraq (although he has since claimed that foreign fighters captured
in Iraq are not covered). Thus, there would be very little room for
fancy footwork by defense lawyers in a prosecution against top
officials concerning torture in Iraq.
The Abu Ghraib general's recent statements about torture coming from
the top is an important piece of evidence for convicting Bush,
Cheney, Rumsfeld, Gonzales, and a host of other top administration
officials for violation of the War Crimes Act of 1996. Upon
conviction, they could be sentenced to life in prison, or even
death.
Additionally, violation of the war crimes act almost certainly
constitutes a "high crime or misdemeanor" which would allow
impeachment of such officials.
SOURCE W/LINKS:
http://georgewashington.blogspot.com/
======================================================
Architects of torture 'Nuremburg Reborn'
http://www.apfn.org/apfn/england2.htm
The Alberto Gonzalez Torture Memo Story
http://www.apfn.org/apfn/england2.htm
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