THOMAS WALKOM
War Crimes & Impeachment Part 3
Sat Nov 20, 2004 18:13
141.150.33.3

Title: Should Canada indict Bush on (Nov. 30, 2004)?
Source: TheStar.com
URL Source: http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_Type1&c=Article&cid=1
Published: Nov 16, 2004
Author: THOMAS WALKOM
Post Date: 2004-11-16 20:33:53 by Becket Saunders
10 Comments

When U.S. President George W. Bush arrives in Ottawa — probably later this year — should he be welcomed? Or should he be charged with war crimes?

It's an interesting question. On the face of it, Bush seems a perfect candidate for prosecution under Canada's Crimes against Humanity and War Crimes Act.

This act was passed in 2000 to bring Canada's ineffectual laws in line with the rules of the new International Criminal Court. While never tested, it lays out sweeping categories under which a foreign leader like Bush could face arrest.

In particular, it holds that anyone who commits a war crime, even outside Canada, may be prosecuted by our courts. What is a war crime? According to the statute, it is any conduct defined as such by "customary international law" or by conventions that Canada has adopted.

War crimes also specifically include any breach of the 1949 Geneva Conventions, such as torture, degradation, wilfully depriving prisoners of war of their rights "to a fair and regular trial," launching attacks "in the knowledge that such attacks will cause incidental loss of life or injury to civilians" and deportation of persons from an area under occupation.

Outside of one well-publicized (and quickly squelched) attempt in Belgium, no one has tried to formally indict Bush. But both Oxfam International and the U.S. group Human Rights Watch have warned that some of the actions undertaken by the U.S. and its allies, particularly in Iraq, may fall under the war crime rubric.

The case for the prosecution looks quite promising. First, there is the fact of the Iraq war itself. After 1945, Allied tribunals in Nuremberg and Tokyo — in an astonishing precedent — ruled that states no longer had the unfettered right to invade other countries and that leaders who started such conflicts could be tried for waging illegal war.

Concurrently, the new United Nations outlawed all aggressive wars except those authorized by its Security Council.

Today, a strong case could be made that Bush violated the Nuremberg principles by invading Iraq. Indeed, U.N. Secretary-General Kofi Annan has already labelled that war illegal in terms of the U.N. Charter.

Second, there is the manner in which the U.S. conducted this war.

The mistreatment of prisoners at Iraq's Abu Ghraib prison is a clear contravention of the Geneva Accord. The U.S. is also deporting selected prisoners to camps outside of Iraq (another contravention). U.S. press reports also talk of shadowy prisons in Jordan run by the CIA, where suspects are routinely tortured. And the estimated civilian death toll of 100,000 may well contravene the Geneva Accords prohibition against the use of excessive force.

Canada's war crimes law specifically permits prosecution not only of those who carry out such crimes but of the military and political superiors who allow them to happen.

What has emerged since Abu Ghraib shows that officials at the highest levels of the Bush administration permitted and even encouraged the use of torture.

Given that Bush, as he likes to remind everyone, is the U.S. military's commander-in-chief, it is hard to argue he bears no responsibility.

Then there is Guantanamo Bay. The U.S. says detainees there do not fall under the Geneva accords. That's an old argument.

In 1946, Japanese defendants explained their mistreatment of prisoners of war by noting that their country had never signed any of the Geneva Conventions. The Japanese were convicted anyway.

Oddly enough, Canada may be one of the few places where someone like Bush could be brought to justice. Impeachment in the U.S. is most unlikely. And, at Bush's insistence, the new international criminal court has no jurisdiction over any American.

But a Canadian war crimes charge, too, would face many hurdles. Bush was furious last year when Belgians launched a war crimes suit in their country against him — so furious that Belgium not only backed down under U.S. threats but changed its law to prevent further recurrences.

As well, according to a foreign affairs spokesperson, visiting heads of state are immune from prosecution when in Canada on official business. If Ottawa wanted to act, it would have to wait until Bush was out of office — or hope to catch him when he comes up here to fish.

And, of course, Canada's government would have to want to act. War crimes prosecutions are political decisions that must be authorized by the federal attorney-general.

Still, Prime Minister Paul Martin has staked out his strong opposition to war crimes. This was his focus in a September address to the U.N. General Assembly.

There, Martin was talking specifically about war crimes committed by militiamen in far-off Sudan. But as my friends on the Star's editorial board noted in one of their strong defences of concerted international action against war crimes, the rule must be, "One law for all."

Thomas Walkom writes every Tuesday. twalkom@thestar.ca.
http://www.libertypost.org/cgi-bin/readart.cgi?ArtNum=75774

Impeach Bush now, convict our government of war crimes.
Support the troops! Impeach Bush.

Our stupid, dangerous president is killing our US Servicemen and woman as surely as if by his own hand.

His made for TV appearances deceive the weak minded, complacent masses and cover the fact that he is a worthless corporate puppet.

We forget that he was a cocaine snorting, alcoholic, 3 times arrested, convicted, military deserting, rich boy who has ALWAYS FAILED at every endeavor in his useless life.

He had a terrible track record as governor of Texas, and is destroying America by ripping our United States Constitution and Bill of Rights into pieces. He is looting our Federal Treasury by running up huge deficits, and giving the money to the rich, large corporations, and his campaign donors. He is also killing thousands of innocent civilians in his cooked up war on terrorism.

George Bush and his Cabinet, along with the United States Congress and Senate should rightly be put on trial for crimes against humanity, war crimes, and crimes against the planet.

Find a group working for peace, justice and civil rights and join today... and get VERY active now! America needs you, the real PATRIOTS!

Join a group such as the...
ACLU
Green Party
Idaho Peace Coalition
United Visions for Idaho
Snake River Alliance
RainForest Action Network
Amnesty International

http://www.votetoimpeach.org/

www.votetoimpeach.org/

add your comments
http://idaho.indymedia.org/news/2003/06/2943_comment.php

==================================================

Impeach George W. Bush
Tshirts & bumper stickers that
make your case against Bush
http://www.layoffw.com/
==================================================
"The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."
--Article II, Section 4 United States Constitution
http://www.rise4news.net/impeach.html
=================================================

FORMER ATTY GENERAL SAYS "IMPEACH BUSH"
http://pittsburgh.indymedia.org/news/2004/11/16454.php

IMPEACH BUSH
Hank Levin San Rafael

IMPEACH BUSH

On Tuesday, the Berkeley City Council will consider recommending to U.S. Representative Barbara Lee that she support the impeachment of Bush,

Cheney, Rumsfeld and Ashcroft.

These unelected criminals have not only violated U.S. and international law by involving the U.S. in wars of aggression in Iraq and Afghanistan, but have now supported the violent overthrow of a legitimate democracy and ally in Haiti, and also kidnapped a chief of state and his wife. (The cross-examination of Noriega by the members of the Congressional Black Caucus yesterday demonstrated this without a doubt.)

All of these actions are clearly impeachable offenses. These men are simply too dangerous to leave in office until the coming elections in November. They will very likely involve the U.S. in an invasion of Venezuela and Cuba before November. We have already gained a well deserved reputation as an aggressor nation; now, many thousands more will be killed and crippled for illegal motives that we don’t agree with.

Berkeley has been a vanguard of opinion and action for peace and social justice in this nation. The National Coalition for Impeachment of Bush and Cheney has therefore called upon the Berkeley City Council and Mayor Bates to recommend to Barbara Lee that she either introduce articles of impeachment into the Congress, or immediately support that action if taken by another U.S. Representative.

I am dismayed that preliminary indications have shown that several people on the council are reluctant to support this resolution. Some of the reasons I have heard are outrageous beyond my comprehension, e.g., equating Bush and Co.’s crimes with Clinton’s lying about oral sex, and using this idea in somehow determining the propriety of impeachment. Furthermore, another move being considered is the alternative of recommending “censure” of the administration. This absurdity will have absolutely no influence on a junta that has shown its willingness to go to war against the opinions and wishes of record numbers of its own people, and in defiance of the United Nations. “Censure” is nothing more than a formal expression of someone’s opinion, and it is quite evident by now that the Bush Administration will simply do whatever it can get away with, regardless of any opinion. Only impeachment has the force of law to remove these criminals, who lie and connive. Censuring Bush makes about as much sense as “censuring” Charles Manson, as an alternative to incarcerating him. And Manson was responsible for far less damage than Bush, Cheney, etc.

Finally, it has been indicated Lee’s district office chief of staff Jeffrey Thomas that Congresswoman Lee balks at pursuing impeachment because it would “divert precious hours and energies away from other important legislative matters.” First, I would remind the Berkeley City Council that there are no more important legislative matters than keeping us out of wars of aggression—the highest crime on the planet. Second, we as citizens should not be taking our cue from Representative Lee—she should be taking her cues from us. We don’t work for her—she works for us. We would not be in this mess if Congress had been willing to appropriately exercise their duty of oversight of the executive branch. Let’s get real—tell them to indict these bastards, and remove them.

I am reminded of a politician character in Walt Kelly’s comic strip Pogo, some years ago, who says, “The people have spoken, and I must follow, for I am their leader.” Well, that’s how it works, folks.

Hank Levin

San Rafael
http://www.berkeleydaily.org/article.cfm?archiveDate=03-05-04&storyID=18412

U.S. soldiers killed in Iraq

As of Thursday, Nov. 18, 2004, at least 1,216 members of the U.S. military have died since the beginning of the Iraq war in March 2003, according to an Associated Press count. At least 945 died as a result of hostile action, the Defense Department said. The figures include three military civilians.
http://www.newsday.com/news/nationworld/iraq/ny-iraqsoldiers-datesorted.cdbresult?PageURL=ny-iraqsoldiers-datesorted.cdbresult&Lib=turbine_cdb_lib%3Aresult_doc_id+result_doc_rank+document_id+cdb_num+cdb_01_txt+cdb_02_txt+cdb_03_txt+cdb_04_txt+cdb_05_txt+cdb_06_txt+cdb_07_txt+cdb_01_date+cdb_08_txt+cdb_11_txt+cdb_12_txt+cdb_13_txt+cdb_09_txt+cdb_01_num+cdb_10_txt+cdb_14_txt+cdb_02_num+cdb_15_txt&SortBy=COMPOSITE_RANK+desc%2Ccdb_01_date+desc%2Ccdb_05_txt%2Ccdb_04_txt&PageSize=10&Page=1&MinCoarseRank=500&QueryType=CONCEPT&Query=&turbine_cdb_lib__cdb_01_date=%3E1%2F1%2F2004

100,000 civilians have died from Iraq War and aftermath:
http://news.yahoo.com/news?tmpl=story&u=/afp/20041028/wl_mideast_afp/iraq_toll_civilians_041028182509


~END~