Thursday, September 14, 2006

The war President scheming to get away with war crimes



I found this commentary very interesting from a blogger on Firedoglake concerning the war crimes. Here is an excerpt:

=========== Notes on Bush Scheming to Get Away with War Crimes ===========

Per Justice Kennedy’s concurrence in the Hamdan ruling: “By Act of Congress [the War Crimes Act of 1996] violations of Common Article 3 [CA3 of the Geneva Conventions] are considered ‘war crimes,’ punishable as federal offenses, when committed by or against United States nationals and military personnel.” And, war crimes are capital offenses whenever death results to the victim, as it has to three-dozen detainees in the Global War on Terror. And that the big problem, Bush sits atop an organization involvded in capital federal offenses. And, at Numemberg, a lawyer, Franz Schlegelberger, drew a life sentence for his participation in structuring war crimes and crimes against humanity. Gonzales had goog reason for his big concerns.
Last Wednesday, 9/6/06, the White House launched its desperate initiative to retroactively legalize war crimes going back to 9/11/01. That initiative is in the last ten pages of an 86-page bill entitled the “Military Commissions Act of 2006.” [16] The GOP intend to push a vote in the House on Monday 9/18 and in the Senate by the end of the month, though some GOP senators want to bypass committees and vote next week. [12] This can only be stopped by a filibuster, which will require prompt pressure on key senators.

The War Crimes Act is a major link that binds the United States to people of conscience throughout the civilized world. It is our claim to membership. It is what puts the strength of law behind our feelings of disgust at what the Bush administration has perpetrated. It is how American can and will hold this administration accountable and bring them to justice. Former CIA agent and presidential daily briefer Ray McGovern has given voice to the revulsion felt by Americans of conscience at this White House effort. [10]
According to [17], “[The White House proposals] won mixed reviews in the Senate, where they are generally opposed by Democrats and a group of dissident Republicans. The proposals were deliberately omitted, for example, from competing legislation circulated last week by Senate Armed Services Committee Chairman John W. Warner (R-Va.), Sen. John McCain (R-Ariz.) [a former POW] and Sen. Lindsey O. Graham (R-S.C.) [a former Judge Advocate].” Among other things, “[t]he two sides… differ over the terms of [an] ammendment to the U.S. War Crimes Act that would limit the exposure of CIA officials and other civilian personnel to prosecution for abusive treatment of detainees…” [18] Per Christy Hardin Smith at firedoglake.com: “If Democrats were waiting for the Three Stooges to have a spine for them in these negotiations, they bet on the wrong men.”

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