Charles Goyette ShowRANT: CHARLES, ABOUT DU & NUKE WEAPONSSun Dec 3, 2006 22:36
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RANT: CHARLES, ABOUT DU & NUKE WEAPONS
APFN DU ALERT.....
Section 2441. War crimes
(a) Offense. - Whoever, whether inside or outside the United
States, commits a war crime, in any of the circumstances described
in subsection (b), shall be fined under this title or imprisoned
for life or any term of years, or both, and if death results to the
victim, shall also be subject to the penalty of death.
(b) Circumstances. - The circumstances referred to in subsection
(a) are that the person committing such war crime or the victim of
such war crime is a member of the Armed Forces of the United States
or a national of the United States (as defined in section 101 of
the Immigration and Nationality Act).
(c) Definition. - As used in this section the term "war crime"
means any conduct -
(1) defined as a grave breach in any of the international
conventions signed at Geneva 12 August 1949, or any protocol to
such convention to which the United States is a party;
(2) prohibited by Article 23, 25, 27, or 28 of the Annex to the
Hague Convention IV, Respecting the Laws and Customs of War on
Land, signed 18 October 1907;
(3) which constitutes a violation of common Article 3 of the
international conventions signed at Geneva, 12 August 1949, or
any protocol to such convention to which the United States is a
party and which deals with non-international armed conflict; or
(4) of a person who, in relation to an armed conflict and
contrary to the provisions of the Protocol on Prohibitions or
Restrictions on the Use of Mines, Booby-Traps and Other Devices
as amended at Geneva on 3 May 1996 (Protocol II as amended on 3
May 1996), when the United States is a party to such Protocol,
willfully kills or causes serious injury to civilians.
§ 2332a. Use of weapons of mass destruction
(a) Offense Against a National of the United States or Within the United States.— A person who, without lawful authority, uses, threatens, or attempts or conspires to use, a weapon of mass destruction—
(1) against a national of the United States while such national is outside of the United States;
(2) against any person or property within the United States, and
(A) the mail or any facility of interstate or foreign commerce is used in furtherance of the offense;
(B) such property is used in interstate or foreign commerce or in an activity that affects interstate or foreign commerce;
(C) any perpetrator travels in or causes another to travel in interstate or foreign commerce in furtherance of the offense; or
(D) the offense, or the results of the offense, affect interstate or foreign commerce, or, in the case of a threat, attempt, or conspiracy, would have affected interstate or foreign commerce;
(3) against any property that is owned, leased or used by the United States or by any department or agency of the United States, whether the property is within or outside of the United States; or
(4) against any property within the United States that is owned, leased, or used by a foreign government,
shall be imprisoned for any term of years or for life, and if death results, shall be punished by death or imprisoned for any term of years or for life.
(b) Offense by National of the United States Outside of the United States.— Any national of the United States who, without lawful authority, uses, or threatens, attempts, or conspires to use, a weapon of mass destruction outside of the United States shall be imprisoned for any term of years or for life, and if death results, shall be punished by death, or by imprisonment for any term of years or for life.
(c) Definitions.— For purposes of this section—
(1) the term “national of the United States” has the meaning given in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(22));
(2) the term “weapon of mass destruction” means—
(A) any destructive device as defined in section 921 of this title;
(B) any weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors;
(C) any weapon involving a biological agent, toxin, or vector (as those terms are defined in section 178 of this title); or
(D) any weapon that is designed to release radiation or radioactivity at a level dangerous to human life; and
(3) the term “property” includes all real and personal property.
The 1925 Protocol is part of the Geneva Conventions. The War Crimes Act of 1996, in turn, specifically makes it a crime to commit a "grave breach in any of the international conventions signed at Geneva 12 August 1949, or any protocol to such convention to which the United States is a party." See Section (c)(1) of the War Crimes Act of 1996.
The U.S. National Safety Council states that "White phosphorus is a poison . . . If its combustion occurs in a confined space, white phosphorus will remove the oxygen from the air and render the air unfit to support life . . . It is considered a dangerous disaster hazard because it emits highly toxic fumes. The EPA has listed white phosphorus as a Hazardous Air Pollutant.
APFN DU ALERT.....
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