domingo, 30 de marzo de 2014

IT’S NOT TOO LATE TO TRY BUSH, CHENEY AND OBAMA FOR WAR CRIMES






We Can Still Prosecute …

Many argue that the statute of limitations on Bush and Cheney’s crimes of lying us into the Iraq war and torture have all run … so it is too late to prosecute them.

However, the United States 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.

The Military Commissions Act of 2006 limited the applicability of the War Crimes Act, but still made the following unlawful:  torture, cruel or inhumane treatment, murder, mutilation or maiming, intentionally causing serious bodily harm, rape, sexual assault or abuse.

War Crimes By the Bush Administration

Here’s an overview of war crimes by the Bush administration:
  • The use of depleted uranium, which can cause cancer and birth defects for decades (see this, this, this, this, this and this)
We’ll go into more detail on torture below.

Yes, It Was Torture
Yes, Waterboarding IS Torture
  • Everyone claiming waterboarding is not torture has changed their tune as soon as they were exposed to even a small dose of it themselves. See this, this and this

Not Just Waterboarding

Children, Too

People Died While Being Tortured

The ACLU wrote in 2005:
The American Civil Liberties Union today made public an analysis of new and previously released autopsy and death reports of detainees held in U.S. facilities in Iraq and Afghanistan, many of whom died while being interrogated.  The documents show that detainees were hooded, gagged, strangled, beaten with blunt objects, subjected to sleep deprivation and to hot and cold environmental conditions.
“”There is no question that U.S. interrogations have resulted in deaths,”" said Anthony D. Romero, Executive Director of the ACLU.  “”High-ranking officials who knew about the torture and sat on their hands and those who created and endorsed these policies must be held accountable.

Should We Prosecute?  Yes:

U.S. Officials Launched a Systematic Program of Torture Using Specialized Techniques Which Produce False Confessions … to Justify the Iraq War

But Are They Guilty of War Crimes?
The Nuremberg Tribunal which convicted and sentenced Nazis leaders to death conceived of wars of aggression – i.e. wars not launched in self-defense – defined the following as “crimes against peace”, or war crimes:
(i) Planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances;
(ii) Participation in a common plan or conspiracy for the accomplishment of any of the acts mentioned under (i)

The Tribunal considered wars of aggression to be the ultimate war crime, which encompassed all other crimes:

To initiate a war of aggression, therefore, is not only an international crime; it is the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole.
Judgment of October 1, 1946, International Military Tribunal Judgment and Sentence, 22 IMTTRIALS, supra note 7, at 498, reprinted in 41 AM. J. INT’LL. 172, 186 (1947).
Given that Iraq had no connection with 9/11 and possessed no weapons of mass destruction, the Iraq war was a crime of aggression and – under the standards by which Nazi leaders were convicted by the Nuremberg Tribunal – the American leaders who lied us into that war are guilty of war crimes.
Benjamin Ferencz, a former chief prosecutor for the Nuremberg Trials, declared:

A prima facie case can be made that the United States is guilty of the supreme crime against humanity — that being an illegal war of aggression against a sovereign nation.
See this, this, and this.


War Crimes By the Obama Administration

The Obama administration has ordered numerous indiscriminate drone strikes.  They are war crimes (more here and here).  (They also create more terrorists.)
Torture is also apparently continuing under Obama. See this and this.
Note:  We’re writing less on Obama than Bush solely because the statute of limitations for Obama’s crimes are not an issue at this point. 

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