Bush administration seeks shield from 1996 War Crimes Act

[NC_Nurse]

An obscure law approved by a Republican-controlled Congress a decade ago has made the Bush administration nervous that officials and troops involved in handling detainee matters might be accused of committing war crimes, and prosecuted at some point in U.S. courts.

Senior officials have responded by drafting legislation that would grant U.S. personnel involved in the terrorism fight new protections against prosecution for past violations of the War Crimes Act of 1996. That law criminalizes violations of the Geneva Conventions governing conduct in war and threatens the death penalty if U.S.-held detainees die in custody from abusive treatment.


• More politics news
In light of a recent Supreme Court ruling that the international Conventions apply to the treatment of detainees in the terrorism fight, Attorney General Alberto R. Gonzales has spoken privately with Republican lawmakers about the need for such "protections," according to someone who heard his remarks last week.

http://www.msnbc.msn.com/id/14067214/

[malaise]

1. Kill and pass laws to prevent justice

This is a criminal regime.

[marmar]

8. "This is a criminal regime."

Let there be no doubt. And they know it too.

"A government that is ruthless in what it does to other people is often ruthless in what it does to our own people."
-Howard Zinn

[malaise]

14. I have absolutely no doubt

They are desperate now because they know it.

[no_hypocrisy]

2. Love to have the time to search the Congressional record for both the

history and the transcript of speeches and debates in support of this bill, not to mention the sponsor and co-sponsors. Make republicans eat their own words when this law is either revoked or watered down to ineffectiveness. In other words, prove that the law only applies to democrats.

[ixion]

12. yes, they were SO wanting to use this law against CLENIS

which is why they made it in the first place, and now it's coming back to bite them in the ass. Fortunately, for them (not us), they are still in power and can just write a new law (like they just print more money) to make everything okay.

See, the problem is that republicans are idiots, by and large.

Just watch how they wail and scream about stuff like the 'unitary executive' and nuking the filibuster if THEY lose control of any of the three branches.

Mark my words, there will be incredible whining from the party of 'the adults'. :eyes:

[Mandate My Ass]

3. Umm, correct me if I'm wrong, but doesn't congress draft legislation?

why are senior officials allowed to draft legislation?

Is somebody going to write a brief saying whatever bush does is OK again?

[rodeodance]

5. because the WH is talking to the Repugs Congress: see here discussion.

..http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x2418684#2419013

[Gman]

11. Are you kidding?

Lobbyists draft most legislation now.

[magellan]

4. I fully expect to hear Pelosi being as strident in her outrage over this

...as she was over Maliki addressing Congress.








:crickets:

[Greeby]

6. Somehow I don't think they're bothered about soldiers going to the gallows

:eyes:

[madokie]

17. they're only worried about their own asses

[LynnTheDem]

7. FLIP FLOP. They were for the law before they were against it.

Maybe the rightwingnut US government shouldn't have officially sanctioned torture & abuse in violation of US law, international law, and simple common fucking sense & decency.

[acmejack]

9. Amen

[leveymg]

10. I hope they pass it - will trigger UNCAT Art. 21 enforcement

contained in the UN Conventions against Torture. http://www.ohchr.org/english/law/cat.htm

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment


Adopted and opened for signature, ratification and accession by General Assembly resolution 39/46
of 10 December 1984
entry into force 26 June 1987, in accordance with article 27 (1)



Article 2
1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.

2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political in stability or any other public emergency, may be invoked as a justification of torture.

3. An order from a superior officer or a public authority may not be invoked as a justification of torture.

Article 4
1. Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture. 2. Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature.

Article 5
1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences referred to in article 4 in the following cases:
(a) When the offences are committed in any territory under its jurisdiction or on board a ship or aircraft registered in that State;

(b) When the alleged offender is a national of that State;

(c) When the victim is a national of that State if that State considers it appropriate.

2. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over such offences in cases where the alleged offender is present in any territory under its jurisdiction and it does not extradite him pursuant to article 8 to any of the States mentioned in paragraph I of this article.

3. This Convention does not exclude any criminal jurisdiction exercised in accordance with internal law.

Article 6
1. Upon being satisfied, after an examination of information available to it, that the circumstances so warrant, any State Party in whose territory a person alleged to have committed any offence referred to in article 4 is present shall take him into custody or take other legal measures to ensure his presence. The custody and other legal measures shall be as provided in the law of that State but may be continued only for such time as is necessary to enable any criminal or extradition proceedings to be instituted.

2. Such State shall immediately make a preliminary inquiry into the facts.

3. Any person in custody pursuant to paragraph I of this article shall be assisted in communicating immediately with the nearest appropriate representative of the State of which he is a national, or, if he is a stateless person, with the representative of the State where he usually resides.

4. When a State, pursuant to this article, has taken a person into custody, it shall immediately notify the States referred to in article 5, paragraph 1, of the fact that such person is in custody and of the circumstances which warrant his detention. The State which makes the preliminary inquiry contemplated in paragraph 2 of this article shall promptly report its findings to the said States and shall indicate whether it intends to exercise jurisdiction.

Article 7
1. The State Party in the territory under whose jurisdiction a person alleged to have committed any offence referred to in article 4 is found shall in the cases contemplated in article 5, if it does not extradite him, submit the case to its competent authorities for the purpose of prosecution.

2. These authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State. In the cases referred to in article 5, paragraph 2, the standards of evidence required for prosecution and conviction shall in no way be less stringent than those which apply in the cases referred to in article 5, paragraph 1.

3. Any person regarding whom proceedings are brought in connection with any of the offences referred to in article 4 shall be guaranteed fair treatment at all stages of the proceedings.

Article 8
1. The offences referred to in article 4 shall be deemed to be included as extraditable offences in any extradition treaty existing between States Parties. States Parties undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them.

2. If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may consider this Convention as the legal basis for extradition in respect of such offences. Extradition shall be subject to the other conditions provided by the law of the requested State.

3. States Parties which do not make extradition conditional on the existence of a treaty shall recognize such offences as extraditable offences between themselves subject to the conditions provided by the law of the requested State.

4. Such offences shall be treated, for the purpose of extradition between States Parties, as if they had been committed not only in the place in which they occurred but also in the territories of the States required to establish their jurisdiction in accordance with article 5, paragraph 1.

SNIP

Article 21
1. A State Party to this Convention may at any time declare under this article that it recognizes the competence of the Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under this Convention. Such communications may be received and considered according to the procedures laid down in this article only if submitted by a State Party which has made a declaration recognizing in regard to itself the competence of the Committee. No communication shall be dealt with by the Committee under this article if it concerns a State Party which has not made such a declaration. Communications received under this article shall be dealt with in accordance with the following procedure;
(a) If a State Party considers that another State Party is not giving effect to the provisions ofthis Convention, it may, by written communication, bring the matter to the attention of that State Party. Within three months after the receipt of the communication the receiving State shall afford the State which sent the communication an explanation or any other statement in writing clarifying the matter, which should include, to the extent possible and pertinent, reference to domestic procedures and remedies taken, pending or available in the matter;

(b) If the matter is not adjusted to the satisfaction of both States Parties concerned within six months after the receipt by the receiving State of the initial communication, either State shall have the right to refer the matter to the Committee, by notice given to the Committee and to the other State;

(c) The Committee shall deal with a matter referred to it under this article only after it has ascertained that all domestic remedies have been invoked and exhausted in the matter, in conformity with the generally recognized principles of international law. This shall not be the rule where the application of the remedies is unreasonably prolonged or is unlikely to bring effective relief to the person who is the victim of the violation of this Convention;

(d) The Committee shall hold closed meetings when examining communications under this article; (e) Subject to the provisions of subparagraph

(c), the Committee shall make available its good offices to the States Parties concerned with a view to a friendly solution of the matter on the basis of respect for the obligations provided for in this Convention. For this purpose, the Committee may, when appropriate, set up an ad hoc conciliation commission;

(f) In any matter referred to it under this article, the Committee may call upon the States Parties concerned, referred to in subparagraph (b), to supply any relevant information;

(g) The States Parties concerned, referred to in subparagraph (b), shall have the right to be represented when the matter is being considered by the Committee and to make submissions orally and/or in writing;

(h) The Committee shall, within twelve months after the date of receipt of notice under subparagraph (b), submit a report:

(i) If a solution within the terms of subparagraph (e) is reached, the Committee shall confine its report to a brief statement of the facts and of the solution reached;

(ii) If a solution within the terms of subparagraph (e) is not reached, the Committee shall confine its report to a brief statement of the facts; the written submissions and record of the oral submissions made by the States Parties concerned shall be attached to the report.

In every matter, the report shall be communicated to the States Parties concerned.

2. The provisions of this article shall come into force when five States Parties to this Convention have made declarations under paragraph 1 of this article. Such declarations shall be deposited by the States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter which is the subject of a communication already transmitted under this article; no further communication by any State Party shall be received under this article after the notification of withdrawal of the declaration has been received by the Secretary-General, unless the State Party concerned has made a new declaration.

Article 22
1. A State Party to this Convention may at any time declare under this article that it recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention. No communication shall be received by the Committee if it concerns a State Party which has not made such a declaration.

2. The Committee shall consider inadmissible any communication under this article which is anonymous or which it considers to be an abuse of the right of submission of such communications or to be incompatible with the provisions of this Convention.

3. Subject to the provisions of paragraph 2, the Committee shall bring any communications submitted to it under this article to the attention of the State Party to this Convention which has made a declaration under paragraph I and is alleged to be violating any provisions of the Convention. Within six months, the receiving State shall submit to the Committee written explanations or statements clarifying the matter and the remedy, if any, that may have been taken by that State.

4. The Committee shall consider communications received under this article in the light of all information made available to it by or on behalf of the individual and by the State Party concerned. 5. The Committee shall not consider any communications from an individual under this article unless it has ascertained that:

(a) The same matter has not been, and is not being, examined under another procedure of international investigation or settlement;

(b) The individual has exhausted all available domestic remedies; this shall not be the rule where the application of the remedies is unreasonably prolonged or is unlikely to bring effective reliefto the person who is the victim of the violation of this Convention.

SNIP


8. The provisions of this article shall come into force when five States Parties to this Convention have made declarations under paragraph 1 of this article. Such declarations shall be deposited by the States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter which is the subject of a communication already transmitted under this article; no further communication by or on behalf of an individual shall be received under this article after the notification of withdrawal of the declaration has been received by the SecretaryGeneral, unless the State Party has made a new declaration.

Article 23
The members of the Committee and of the ad hoc conciliation commissions which may be appointed under article 21, paragraph I (e), shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.

SNIP

******************
See, http://www.msnbc.msn.com/id/14067214/

[ixion]

13. Article 2 - Section 2 makes it pretty clear

"2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political in stability or any other public emergency, may be invoked as a justification of torture."

That pretty much puts the theory of 'unitary executive' to rest.

[leveymg]

15. There's no "opt-out" clause in the CAT as there was in the ABM

Treaty. Once the U.S. signed, ratified and committed this Treaty and the one against Genocide to domestic law, along with the Geneva Conventions, it can't be rescinded by a change to domestic law.

They're nailed. If the Bush Administration actually did get such a bill through Congress, other signatory states would then have standing to seek enforcement action through the UN.

The US could not veto enforcement action at the UN under the Convention.

[KoKo]

18. Hasn't goal of NeoCons and PaleoCons been to dissolve the UN?

They don't feel it works. Couldn't Bolton (assume he will be confirmed) just pull US out of the UN and the Repugs and a few Dems would cheer? I don't know how this could possible be pulled off but they've managed to get away with everything so far.

I worry that this is exactly what they plan to do because Bush and Blair are definitely guilty of war crimes and want to make sure that they are NEVER prosecuted now or after they leave office. Would Blair Support Bush and threaten to pull GB out of the UN?

I know this sounds so far-fetched..but still they both are in danger and are willing to change laws or skirt laws or just ignore them in every way they have available to them by finding a loophole they can sneak through.

:shrug:

[NNN0LHI]

16. But we have Saddam on trial for what again?

Oh, thats right. WAR CRIMES.

Don

[Mnemosyne]

19. Fascist bastards. n/t

[liberal N proud]

20. I am sure a signing statement would exempt the murderous bastards

:argh:

[whistle]

21. Does the Bush Administration have anything like Richard Nixon's

....enimies list?

<snip>
Nixon's Enemies List
From Wikipedia, the free encyclopedia

Nixon's enemies list was compiled by Charles Colson and sent to John DeanNixon's Enemies List is the informal name of what started as a list of President Richard Nixon's major political opponents compiled by Charles Colson, written by George Bell <1> (assistant to Colson, special counsel to the White House) and sent in memorandum form to John Dean on September 9, 1971. The list was part of a campaign officially known as "Opponents List" and "Political Enemies Project." The official purpose, as described by the White House Counsel's Office, was to "screw" Nixon's political enemies, by means of tax audits from the IRS, and by manipulating "grant availability, federal contracts, litigation, prosecution, etc."

In a memorandum from John Dean to Lawrence Higby (August 16, 1971), Dean explained the purpose of the list succinctly:

"This memorandum addresses the matter of how we can maximize the fact of our incumbency in dealing with persons known to be active in their opposition to our Administration, Stated a bit more bluntly —how we can use the available federal machinery to screw our political enemies."

The original 20 names in Colson's memo (and his notes accompanying them) were as follows, although a master list of Nixon political opponents was developed later. However, according to John Dean - "To the best of my knowledge, Richard Nixon was unaware of the enemies list." <1>
<more>
http://en.wikipedia.org/wiki/Nixon's_Enemies_List

[Joanne98]

22. If they weren't "doing anything wrong" they wouldn't be worried.

They must be guilty. Send them all to prison and throw away the key.

[Dystopian]

23. k&r ~n/t

[Lars39]

24. K&R

:kick: