. . .provision ought to be front and center in the arguments being made to the German prosecutor. (Congress may have stripped the damning label from the provision in the final version, but they did nothing about the damning content.)
The first time they called on the German prosecutor to act, Germany refrained to give the United States courts, the proper jurisdiction, an opportunity to act.
The "Rights Not Judicially Enforceable" provision of the War Criminals Protection Act is an unequivocal declaration that our Courts have NO jurisdiction when it comes to violations of Geneva.
When the War Criminal Protection Act declared our courts "off limits" they made it crystal clear we wouldn't act and thereby gave the German prosecutor a compelling reason to act.
An interesting phrase was left out of the final version of the War Criminals Protection Act.
The phrase: "
RIGHTS NOT JUDICIALLY ENFORCEABLE."
The phrase itself demonstrates a recognition that rights actually existed, and the intent to violate those rights through non-enforcement.
Yes. It is just that simple.
Case Closed on the newly inaugurated War Criminal Nation.
If they are Rights they Cannot be Unenforceable.
- Original
White House version
SEC. 6. SATISFACTION OF TREATY OBLIGATIONS.
(b) RIGHTS NOT JUDICIALLY ENFORCEABLE.
(1) IN GENERAL.—No person in any habeas action or any other action may invoke the Geneva Conventions or any protocols thereto as a source of rights, whether directly or indirectly, for any purpose in any court of the United States or its States or territories. . .
http://www.law.georgetown.edu/faculty/nkk/documents/MilitaryCommissions.pdf
- Final version
(Enrolled Bill) as passed by both Houses
SEC. 5. TREATY OBLIGATIONS NOT ESTABLISHING GROUNDS FOR CERTAIN CLAIMS.
(a) In General- No person may invoke the Geneva Conventions or any protocols thereto in any habeas corpus or other civil action or proceeding to which the United States, or a current or former officer, employee, member of the Armed Forces, or other agent of the United States is a party as a source of rights in any court of the United States or its States or territories.
To view the bill search at http://thomas.loc.gov (enter "S.3930.ENR" and select the Bill Number radio button. The printer friendly version is easiest to search)