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What Does Letting Our Own War Criminals Go Free Tell Us About Ourselves?

A A A Comments (4) By Nat Hentoff Wednesday, Dec 10 2008

...continued from page 1

It took too long, but we the people finally recognized that the Japanese-American internment camps of World War II were un-American. It took two centuries for us to elect our first black president.

But if we now absolve ourselves from the need to pierce the most secret administration in our history to find out and account for all the rampant lawlessness and savagery that has been done in our name, the legacy we leave will encourage future administrations to ignore the law.

Back in June 2007, I heard a caller from Germany speaking on Tom Ashbrook's WBUR radio show in Boston: "I was an exchange student in America years ago, where I learned most of what I know about the rule of law and democracy in the United States. I am dismayed at what has happened to the American rule of law, giving up what we're fighting for."

What has happened to the rule of law, and what has happened to Americans?

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Augustabraham 12/15/2008 3:43:00 AM

The US armed forces has always been the worlds most savage lot just behind the Brits so It is no surprise what they have done now and will continue to do so until it becomes so broke and cannot pay Its bills then it will stop destroying other people and their countries.

Jill 12/14/2008 9:45:00 PM

Ah, America. The #1 international terrorist and warmonger and mass murderer. Evil at its absolute finest. And you folks wonder why the rest of the planet hates you so much. And you have absolutely no idea whatsoever how much you disease of the planet are hated.

The lion 12/13/2008 10:28:00 AM

The question as to what would happen if President Bush was to Pardon the Senior Cabinet Members from War Crimes relating to Torture is very interesting. The United States Supreme Court in Hamdin V Rumsfeld gave the Prisoners at Guantanamo Bay the legal Status as Common Article 3 Prisoners which also means they have the status of being Protected Prisoners under the Geneva Conventions a treaty to which the United States Government has through the Senate and President of the day ratified. Now I believe treaty law is a little different from standard US laws in that it cannot be changed except to cancel the treaty. Now if President Bush actually gives anybody a Pardon in relation to the Use of Torture that is itself a Grave War Crime under the Geneva Conventions. Schedule 3 of the Geneva Conventions (protections of prisoners) states at Article 131 No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contracting Party in respect of breaches referred to in the preceding Article. Article 130 Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, compelling a prisoner of war to serve in the forces of the hostile Power, or wilfully depriving a prisoner of war of the rights of fair and regular trial prescribed in this Convention. Furthermore it is the Responsibility of EVERY other country that is a signatory of the Geneva Conventions to search out and capture and bring to trial any person who has committed such acts of torture Article 129 The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article. Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case. Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches defined in the following Article. In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence, which shall not be less favourable than those provided by Article 105 and those following of the present Convention. It also should be noted that Under the Military Commissions Act the sections relating to Members of the Executive having immunity from prosecution are as well probably unconstitutional because of Geneva and its relationship with the Constitution and the External Treaty Powers. That Article 131 of the Geneva Conventions above shows that it is a Grave War Crime to attempt to even absolve itself of a War Crime. As for the President having the ability to Pardon anybody for anything under Federal Law the United States Supreme Court could be in a Quandry because that is where it would have to end up. The Question asked of the Honorable Justices of The Supreme Court of The United States of America should be as follows: Would you have allowed Adolf Hitler or Admiral Donitz (the Fuhrer of Germany at the end of World War Two) the Ability to have Pardoned his men for War Crimes? If they then failed to allow the bringing of Charges for War Crimes then the World would be able to answer the question of the United States position in the World. That of a Government of Despotism!

Axel 12/13/2008 9:09:00 AM

The President has pardon authority, not future immunity authority. If he pardons someone before they are even charged with a crime, it is not the prosecution that is moot; it is the pardon itself. Ford's pardon of Nixon notwithstanding.

What Does Letting Our Own War Criminals Go Free Tell Us About Ourselves?

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