Google News Alert for: Military Commissions Act of 2006
Lawsuit Charges Rumseld as War Criminal
Aztlan Electronic News - Los Angeles,CA,USA
... The passage of the Military Commissions Act of 2006 provides
plaintiffs the evidence they needed to prove that the US was
unwilling to prosecute Americans for ...
http://www.aztlanelectronicnews.net/content/view/59/2/
Written by Amaury Nora
Saturday, 02 December 2006
On November 13, a coalition of human rights groups filed a criminal
complaint in Germany alleging that high-ranking U.S. civilian and
military officials committed war crimes in Iraq and in the
U.S.-controlled Guantánamo Bay prison camp. The lawsuit will seek a
criminal investigation and prosecution against former Defense
Secretary Donald Rumsfeld and thirteen other high-ranking U.S.
officials for their roles in authorizing torture at Abu Ghraib and
Guantánamo. The complaint is brought on behalf of 12 torture victims
– 11 Iraqi citizens who were held at Abu Ghraib prison and one
Guantánamo detainee and is being filed by U.S.-based Center for
Constitutional Rights (CCR), the French-based International
Federation for Human Rights (FIDH), Germany's Republican Attorneys'
Association (RAV) and others, all represented by Berlin Attorney
Wolfgang Kaleck.
The complaint was filed in Germany because under Germany's Code of
Crimes against International Law (CCIL), German prosecutors are
granted under “universal jurisdiction” to prosecute war criminals
irrespective of the location of the defendant or plaintiff, the
place where the crime was carried out, or the nationality of the
persons involved. The German Code of Crimes Against International
Law was enacted in compliance with the Rome Statute that created the
International Criminal Court (ICC) in 2002, which Germany ratified.
The idea behind the CCIL was to fill the gaps left by the Statute of
the International Criminal Court in dealing with countries that had
not subscribed to the ICC. The ICC is the permanent tribunal
established to prosecute war crimes, genocide and other crimes
against humanity.
According to CCR, the complaint is similar to their previous
complaint filed in November 2004 that was later dismissed by German
prosecutors on the grounds that the United States was already
pursuing its own investigations into these abuses. In bringing the
new complaint, the plaintiffs argue that the new case provides new
evidence, along with new circumstances following the resignation of
Donald Rumsfeld as Secretary of Defense.
The passage of the Military Commissions Act of 2006 provides
plaintiffs the evidence they needed to prove that the US was
unwilling to prosecute Americans for war crimes. The Military
Commissions Act that was signed by President George Bush on October
17, 2006, attempts to grant immunity to US officials and military
personnel by narrowing the grounds of criminal liability under the
War Crimes Act; and by retroactively extending a defense for
criminal prosecutions related to detentions and interrogations back
to September 11, 2001. When Rumsfeld resigned on November 8, he
virtually lost all legal immunity from international prosecution for
war crimes because the Act only applies during the individual’s term
of office.
Along with Rumsfeld, the new complaint also charges that former
White House Counsel (and current Attorney General) Alberto Gonzalez,
former CIA director George Tenet and other senior U.S. civilian and
military officers are the legal architects of the Bush
Administration’s practice of torture. Moreover, now that the
"torture memos" have become known over the past two years, there is
more than enough evidence to show that the responsibility for
abusive treatment at Abu Ghraib, Guantánamo and the other U.S.
facilities did reach all the way to the top.
For more information on the case, visit
HTTP://www.ccr-ny.org
======
Masters of War
http://www.apfn.org/apfn/masters_of_war.htm
UPDATE: THE CASE AGAINST RUMSFELD, GONZALES AND OTHERS
— FILED IN GERMANY ON NOVEMBER 14, 2006, Mon Nov 13 00:31
http://www.btcnews.com/btcnews/other_pdf/Background_Brief_on_German_Case.html