War Criminals, Beware (what will happen on Nov. 14)

[donsu]

http://www.thenation.com/doc/20061120/brechersmith


War Criminals, Beware


On November 14 a group of lawyers and other experts will come before the German federal prosecutor and ask him to open a criminal investigation targeting Donald Rumsfeld, Alberto Gonzales and other key Bush Administration figures for war crimes. The recent passage of the Military Commissions Act provides a central argument for the legal action, under the doctrine of universal jurisdiction: It demonstrates the intent of the Bush Administration to immunize itself legally from prosecution in the United States, even for the most serious crimes.

The Rumsfeld action was announced at a conference in New York City in late October titled "Is Universal Jurisdiction an Effective Tool?" The doctrine allows domestic courts to prosecute international crimes regardless of where the crime was committed, the nationality of the perpetrator or the nationality of the victim. It is reserved for only the most heinous offenses: genocide, war crimes and crimes against humanity, including torture. A number of countries around the world have enacted universal jurisdiction statutes; even the United States allows it for certain terrorist offenses and torture.

Many of the participants in the New York conference were human rights lawyers who have been expanding the use of universal jurisdiction since it was employed against former Chilean dictator Augusto Pinochet. In a recent case brought in Spain, for example, Argentine Adolfo Scilingo was tried and found guilty of crimes against humanity he committed in Argentina and sentenced to serve a 640-year prison term . The decision was made to try to prosecute Rumsfeld in Germany because its laws facilitate the use of universal jurisdiction.

-snip-

Wolfgang Kaleck, a German human rights lawyer who is bringing the case in cooperation with CCR, FIDH and other groups, told the conference in New York that he is often asked, Do you really expect Rumsfeld to be arrested for war crimes? His answer is that he doesn't expect it immediately. "But we make it possible that someday Rumsfeld will be arrested," he says. According to Kaleck, the German government regularly receives calls from potential high-level visitors asking, "Are there any complaints against me?"

-snip-
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[kenny blankenship]

1. You know you've fucked up when...

the outraged charges of warcrimes raised against your gov't are being filed and prosecuted by German lawyers and judges.

[razors edge]

4. We supported them long enough,

time to return the favor.

[Tigress DEM]

7. Yes, Germany learned it's lesson the hard way.

From the beginning of the *ush regiem they have protested in huge numbers, even though *ush was kept on a safe path where he could not see them when he visited.

[petgoat]

12. The Germans were one power against many--balanced by

the USSR, the UK, the USA, and Japan. The Germans could be saved from themselves
by foreign armies marching into Berlin.

The USA is balanced only by the entire rest of the world combined. No foreign
army is going to march into Washington to save us. Only we can save ourselves
from ourslves.

[NanceGreggs]

2. It's a good start ...

Being publicly declared war criminals is step one on the road to justice for this guys.

[Double T]

3. Hope the eventual trial will be televised.......

from the HAGUE.

[seemslikeadream]

5. War Criminals

BUSH TO THE HAGUE!

[Rabrrrrrr]

6. Makes me wanna be president, just so I can be the one to hand over

Shrubbie and his entire traitorous, criminal, crimes against humanity cabal to the hague.

I can't think of any greater honor that could be bestowed upon any person than to be the one who gets to hand that band of criminal shitbags over for justice.

[Eurobabe]

8. Makes me proud to live there now

n/t

[Old and In the Way]

9. The world doesn't like war mongering dictators of any stripe.

USA included.

[Syncronaut Seven]

10. War Criminals

War Criminals

War Criminals

War Criminals

War Criminals

War Criminals

War Criminals

[AliceWonderland]

11. This could have significant ramifications, and builds on the international law

framework established after WWII. The International Military Tribunal at Nuremberg established, among other things, that crimes against the peace was the greatest of international crimes, and that "just following orders" is not a defense. This and the 1948 Universal Declaration of Human Rights helped establish the framework of international standards. The assertion that these standards, along with the Geneva Conventions, are "pre 9-11 thinking" is dead wrong. These standards are as important as they ever were - perhaps more important because they are said to be unfashionable. The development of universal jurisdiction is a great step. Onwards, onwards.