The War Crimes Act, 18 U.S.C. § 2441, makes it a crime for any person, “whether inside or outside the United States” to commit a “war crime.” War Crimes are defined as any grave breach of the Geneva Conventions, and in particular, any conduct that violates common Article 3. In Hamdan v. Rumsfeld, the Supreme Court explicitly ruled that common Article 3 applies to alleged Al Qaeda members and the so-called war on terror. The crimes of torture, cruel or inhuman treatment and murder — all acts that are documented by the Senate Torture Report — are specifically prohibited by common Article 3 and the War Crimes Act. In 2006, the government enacted the Military Commissions Act of 2006, which severely curtailed the reach of the War Crimes Act, limiting its application well short of the protections of common Article 3. It also passed a provision that provided for retroactive immunity for certain government personnel who were following orders in implementing what they thought were lawful directives from the President (this section can be found at 42 U.S.C. § 2000dd-1). The Washington Post noted at the time that the intent of these changes was to reduce the threat of future prosecutions when the day came when such abuses would be revealed to a shocked public. These provisions remain untested. It is my belief that any person involved in the chain of command that authorized the crimes detailed in the Senate Torture Report should be indicted for war crimes and conspiracy to commit war crimes under the War Crimes Act. This includes George W. Bush, Richard Cheney, Donald Rumsfeld, CIA officials who condoned or engaged in such practices, and attorneys who authorized such practices, including Alberto Gonzales, Jay Bybee and John Yoo.
Posted on: Sun, 14 Dec 2014 20:05:39 +0000
Trending Topics
Recently Viewed Topics
© 2015