The 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.
Here's where it gets interesting. The general in charge of the notorious Abu Ghraib prison in Iraq stated this week that Secretary of Defense Donald Rumsfeld and other top administration officials ORDERED that inhuman treatment and torture be conducted as part of a deliberate strategy.
It has also recently come out that, even after the torture at Abu Ghraib hit the news, torture still continues at that prison and, indeed, the U.S. is still torturing people worldwide. Even to the casual observer, it is obvious that the administration has no plans to stop, but has instead been working tirelessly to make it easier to carry out torture in the future.
Let's recap. We now know that torture in Iraq was ordered by top officials, and that torture is continuing, notwithstanding the administration's claims that it was only "a couple of bad apples" that were responsible for Abu Ghraib. Making a potential prosecutor's job easier, U.S. Attorney General Alberto Gonzales wrote a memo in January 2002 to President Bush saying that America should opt out of the Geneva Convention because top officials have to worry about prosecutions under 18 U.S.C. § 2441. By attempting to sidestep the Geneva Convention, Gonzales created a document trail that can be used to prove that top administration officials knowingly created a policy of torturing prisoners, and that such a policy could reasonably have been expected to result in the death of some prisoners.
The U.S. did opt out of the Geneva Convention for the Afghanistan war, but we never opted out of the Geneva Convention for Iraq. Indeed, President Bush has repeatedly stated that Geneva applies in Iraq (although he has since claimed that foreign fighters captured in Iraq are not covered). Thus, there would be very little room for fancy footwork by defense lawyers in a prosecution against top officials concerning torture in Iraq.
The Abu Ghraib general's recent statements about torture coming from the top is an important piece of evidence for convicting Bush, Cheney, Rumsfeld, Gonzales, and a host of other top administration officials for violation of the War Crimes Act of 1996. Upon conviction, they could be sentenced to life in prison, or even death.
Additionally, violation of the war crimes act almost certainly constitutes a "high crime or misdemeanor" which would allow impeachment of such officials.
posted
that would be great! but the guys who replace them would be just as bad. just in a different way.
if you think about it whats the point in being the president. the pay? HA! you could make more selling porn dvd's on ebay. i think its about being in a position of power to enact laws to help you make money and help your buddies who got you into office make money and give them certain kickbacks.For some reason Halliburton comes to mind. A person who is actually qualified to be the president isnt dumb enough to be president he is probably the ceo of a company benifiting from the presidents laws. You know, tax breaks for the rich, keeping the minimum wage low so as to increase bottom line profits, turning a blind eye to illegal aliens, outsourcing jobs to other countries to get even cheaper than minimum wage labor. etc. USAinc.is my propsed new name for america. and the flag shall depict ceo's at the top of the corporate ladder shaking off the people tryin to climb it.
-------------------- "Gentleman, you have come sixty days too late. The depression is over." Herbert Hoover 1930
IP: Logged |
posted
I am looking foreward to Bush and Rumsford being given a medal for their great service to our country and for the praise of future historians.
IP: Logged |
quote:Originally posted by STAR GAZER: I am looking foreward to Bush and Rumsford being given a medal for their great service to our country and for the praise of future historians.
posted
I'm sorry... what was the torture that went on at abu graib? I saw little more than fraternity pranks... torture is more like... well what saddam did to his people... Funny you don't seem to have any problem with saddam.
-------------------- Spend Word For Word With Me And I Shall Make Your Wit Bankrupt.
IP: Logged |
The following are excerpts from the report by Maj. Gen. Antonio M. Taguba, "Article 15-6 Investigation of the 800th Military Police Brigade." The report investigated allegations of prisoner abuse at the Abu Ghraib prison and was ordered by Lt. Gen. Ricardo Sanchez.
The prison scandal began when photographs were broadcast by CBS News' 60 Minutes II showing prisoners hooded and nude, forced into sexual positions and piled together. One was attached to wires and was allegedly told that he might be electrocuted.
These excerpts are from the section of the report entitled, "Findings and Recommendations." They are highlights and do not encompass all the information in the full report.
PART ONE
… 5. That between October and December 2003, at the Abu Ghraib Confinement Facility (Baghdad Central Correctional Facility [BCCF]), numerous incidents of sadistic, blatant, and wanton criminal abuses were inflicted on several detainees. This systemic and illegal abuse of detainees was intentionally perpetrated by several members of the military police guard force (372nd Military Police [MP] Company, 320th Military Police Battalion, 800th MP Brigade), in Tier (section) 1-A of the Abu Ghraib Prison (BCCF).
6. I find that the intentional abuse of detainees by military police personnel included the following acts: a. Punching, slapping, and kicking detainees; jumping on their naked feet; b. Videotaping and photographing naked male and female detainees; c. Forcibly arranging detainees in various sexually explicit positions for photographing; d. Forcing detainees to remove their clothing and keeping them naked for several days at a time; e. Forcing naked male detainees to wear women’s underwear; f. Forcing groups of male detainees to masturbate themselves while being photographed and videotaped; g. Arranging naked male detainees in a pile and then jumping on them; h. Positioning a naked detainee on a (Meals-Ready-To-Eat) MRE Box, with a sandbag on his head, and attaching wires to his fingers, toes, and ***** to simulate electric torture; i. Writing “I am a Rapest” (sic) on the leg of a detainee alleged to have forcibly raped a 15-year old fellow detainee, and then photographing him naked; j. Placing a dog chain or strap around a naked detainee’s neck and having a female Soldier pose for a picture; k. A male MP guard having sex with a female detainee; l. Using military working dogs (without muzzles) to intimidate and frighten detainees, and in at least one case biting and severely injuring a detainee; m. Taking photographs of dead Iraqi detainees.
8. In addition, several detainees also described the following acts of abuse, which under the circumstances, I find credible based on the clarity of their statements and supporting evidence provided by other witnesses: a. Breaking chemical lights and pouring the phosphoric liquid on detainees; b. Threatening detainees with a charged 9mm pistol; c. Pouring cold water on naked detainees; d. Beating detainees with a broom handle and a chair; e. Threatening male detainees with rape; f. Allowing a military police guard to stitch the wound of a detainee who was injured after being slammed against the wall in his cell; g. Sodomizing a detainee with a chemical light and perhaps a broom stick. h. Using military working dogs to frighten and intimidate detainees with threats of attack, and in one instance actually biting a detainee. …
… 10. I find that contrary to the provision of (Army Regulation) AR 190-8, and the findings found in MG Ryder’s Report, Military Intelligence interrogators and Other US Government Agency’s (OGA) interrogators actively requested that MP guards set physical and mental conditions for favorable interrogation of witnesses. … I find that personnel assigned to the 372ndMP Company, 800th MP Brigade were directed to change facility procedures to “set the conditions” for MI interrogations. I find no direct evidence that MP personnel actually participated in those MI interrogations.
11. I reach this finding based on the actual proven abuse that I find was inflicted on detainees and by the following witness statements:
a. (Witness name deleted), 372nd MP Company, stated in her sworn statement regarding the incident where a detainee was placed on a box with wires attached to his fingers, toes, and *****, “that her job was to keep detainees awake.” She stated that MI was talking to (Name deleted). She stated: “MI wanted to get them to talk. It is (Name deleted) and (Name deleted)’s job to do things for MI and OGA to get these people to talk.”
b. (Witness name deleted), 372nd MP Company, stated in his sworn statement as follows: “I witnessed prisoners in the MI hold section, wing 1A being made to do various things that I would question morally. In Wing 1A we were told that they had different rules and different SOP for treatment. I never saw a set of rules or Standard Operating Procedures (SOP) for that section just word of mouth. The Soldier in charge of 1A was (Name deleted). He stated that the Agents and MI Soldiers would ask him to do things, but nothing was ever in writing he would complain (sic).” When asked why the rules in 1A/1B were different than the rest of the wings, (Name deleted) stated: “The rest of the wings are regular prisoners and 1A/B are Military Intelligence (MI) holds.” When asked why he did not inform his chain of command about this abuse, (Witness) stated: “ Because I assumed that if they were doing things out of the ordinary or outside the guidelines, someone would have said something. Also the wing belongs to MI and it appeared MI personnel approved of the abuse.” (Witness) also stated that he had heard MI insinuate to the guards to abuse the inmates. When asked what MI said he stated: “Loosen this guy up for us.” Make sure he has abad night.” “Make sure he gets the treatment.” He claimed these comments were made to (Name deleted)and (Name deleted). Finally, (Witness) stated that (sic): “the MI staffs to my understanding have been giving (Name deleted) compliments on the way he has been handling the MI holds. Example being statements like, “Good job, they’re breaking down real fast. They answer every question. They’re giving out good information, Finally, and Keep up the good work . Stuff like that.” …
PART TWO
… 8. There is a general lack of knowledge, implementation, and emphasis of basic legal, regulatory, doctrinal, and command requirements within the 800th MP Brigade and its subordinate units.
9. The handling of detainees and criminal prisoners after in-processing was inconsistent from detention facility to detention facility, compound to compound, encampment to encampment, and even shift to shift throughout the 800th MP Brigade (area of responsibility) AOR. …
… 12. There was a severe lapse in the accountability of detainees at the Abu Ghraib Prison Complex. …
… 22. The documentation provided to this investigation identified 27 escapes or attempted escapes from the detention facilities throughout the 800th MP Brigade’s AOR. …
23. The Abu Ghraib and Camp Bucca detention facilities are significantly over their intended maximum capacity while the guard force is undermanned and under resourced. . …
… 28. Neither the camp rules nor the provisions of the Geneva Conventions are posted in English or in the language of the detainees at any of the detention facilities in the 800th MP Brigade’s AOR, even after several investigations had annotated the lack of this critical requirement.
29. The Iraqi guards at Abu Ghraib BCCF) demonstrate questionable work ethics and loyalties … These guards have furnished the Iraqi criminal inmates with contraband, weapons, and information. Additionally, they have facilitated the escape of at least one detainee.
30. In general, US civilian contract personnel (Titan Corporation, CACI, etc…), third country nationals, and local contractors do not appear to be properly supervised within the detention facility at Abu Ghraib. …
PART THREE
… 4. I find that the 800th MP Brigade was not adequately trained for a mission that included operating a prison or penal institution at Abu Ghraib Prison Complex. …
… 20. In addition I find that psychological factors, such as the difference in culture, the Soldiers’ quality of life, the real presence of mortal danger over an extended time period, and the failure of commanders to recognize these pressures contributed to the perversive atmosphere that existed at Abu Ghraib (BCCF) Detention Facility and throughout the 800th MP Brigade. …
CONCLUSION
1. Several US Army Soldiers have committed egregious acts and grave breaches of international law at Abu Ghraib/BCCF and Camp Bucca, Iraq. Furthermore, key senior leaders in both the 800th MP Brigade and the 205th MI Brigade failed to comply with established regulations, policies, and command directives in preventing detainee abuses at Abu Ghraib (BCCF) and at Camp Bucca during the period August 2003 to February 2004. …
posted
Anyone who sees the blatent abuses documented at Abu Ghraib as "little more than fraternity pranks", is at best totally ignorant and at worst, dangerously disturbed.
IP: Logged |
posted
"i. Writing “I am a Rapest” (sic) on the leg of a detainee alleged to have forcibly raped a 15-year old fellow detainee, and then photographing him naked;" Doesn't say anything about millitary personel raping him... says he raped someone though. "g. Sodomizing a detainee with a chemical light and perhaps a broom stick." This is going way too far and the one who did it should be shot. --------------------------------------------- The rest of the crap on that list wasn't any worse than much of the things new pledges have to do or undergo to become a part of most fraternities. All of the so-called torture was simulated... Sure they attatched wires but they didn't electrocute anyone... just scared them... Poor babies... poor little terrorists... did those big bad americans scare you? GOOD!
-------------------- Spend Word For Word With Me And I Shall Make Your Wit Bankrupt.
IP: Logged |
posted
There is a distinct difference... there is no "simulated" or "made to think" when it is these savages doing it to us. Ya missed that part didn't you?
-------------------- Spend Word For Word With Me And I Shall Make Your Wit Bankrupt.
IP: Logged |
Member Rated: posted October 29, 2005 20:21 -------------------------------------------------------------------------------- Sick.
quote: -------------------------------------------------------------------------------- Originally posted by STAR GAZER: I am looking foreward to Bush and Rumsford being given a medal for their great service to our country and for the praise of future historians
posted
whether or nott hey are war-crimes is irrelevant to the troops on the ground... the fact is? the "insurgency" was forged by abu-graib... you can go to charts (i've posted them here before) and see it plain as day...
In My Opinion? abu-graib did more damage to our "reputation" in islam than anything else in history... we may never be able to recoup that loss....
war is hell, civilzation is "suspended" during war, and bush and rummy damn well knew that when they went into this... in general? americans as a rule don't want to believe this cuz they have been fed too much hollywood...
-------------------- Don't envy the happiness of those who live in a fool's paradise.
IP: Logged |
posted
Yep glass, we have suffered a huge hit over the abu graib thing... Truly regrettable what went on there. Even more regrettable was how it was publicised by major media, all to eager to show America as a perverted bully gone mad. Yet again leftists have proven to be the greatest assets to our enemy.
-------------------- Spend Word For Word With Me And I Shall Make Your Wit Bankrupt.
IP: Logged |
posted
If I wanted Bush and Rumsfeld to get medals, I would probably know how to spell their names.
Personally, I hope they are thrown in prison.
It's probably just a dream, but you're not the only stargazer out there.
quote:Originally posted by STAR GAZER: I am looking foreward to Bush and Rumsford being given a medal for their great service to our country and for the praise of future historians
By TOM TEEPEN First published: Friday, October 28, 2005
Something has apparently agitated our nation's nasty gene, and we're off on a toot demanding free range for some of our ugliest impulses. Take two as examples:
The vice president of the United States is pushing Congress to adopt prisoner torture as avowed U.S. policy, and there's an effort afoot in the House to expand the number of, as capital punishment lingo puts it, "death-eligible" crimes and give prosecutors a second whack if the trial jury won't approve execution.
The inspiration for such resorts to extremism is presumably again 9/11, which has come to serve as the all-embracing excuse for giving up any of our civilized ways that one or another politician can defame as pattycake.
The United States already has been caught abusing prisoners, even unto death, in military prisons in Afghanistan, Iraq and at Guantanamo Bay. In addition, we've been kidnapping suspects and whisking them secretly to countries who are happy, for a price, to torture them on our behalf. And the CIA is holding an unknown number of unreported prisoners in an unknown number of secret prisons around the world and is doing who knows what to them, all of that in plain violation of the Geneva Conventions, the U.N. Convention Against Torture, U.S. law and an honorable and proud history of American military practice.
The odor from these abuses has become so rank that 89 senators recently joined Sen. John McCain, R-Ariz., in passing legislation directly forbidding "cruel, inhuman and degrading" treatment of U.S. prisoners.
Which in turn frightened Vice President Dick Cheney into lobbying Congress to enact an option for the CIA to torture foreign prisoners held overseas, making those secret prisons the official torture chambers.
To add to the mayhem, the House is contemplating a law that would add 41 crimes to the 20 terrorism-related offenses currently eligible for federal death sentences. And, in a new twist, prosecutors could impanel a second jury if the first deadlocks over execution, a situation that now automatically invokes life imprisonment.
This boom in death was adopted on a voice vote -- and without hearings or debate -- as an add-on to the renewal of the Patriot Act, which itself short-circuits a number of traditional American civil liberties in panicky overreaction to terrorism.
UBBFriend: Email this page to someone!
Printer-friendly view of this topic
![[Smile]](smile.gif)
![[Big Grin]](biggrin.gif)
LOL
