They Are GUILTY OF WAR CRIMES-Authorization of ANYTHING Prohibited By Law-Does NOT Change The Law.

[kpete]

Here’s a brief treatment of the subject: Summary of International and U.S. Law Prohibiting Torture and Other Ill-treatment of Persons in Custody. It covers everyone who might engage in torture, U.S. national and the military. The exception noted for military contractors is moot. Any attempt to circumvent these prohibitions shouldn’t hold up in court. Authorization of anything prohibited by law wouldn’t change the effect of the law:

Summary of International and U.S. Law Prohibiting Torture and Other Ill-treatment of Persons in Custody
Last Updated May 24, 2004

International and U.S. law prohibits torture and other ill-treatment of any person in custody in all circumstances. The prohibition applies to the United States during times of peace, armed conflict, or a state of emergency. Any person, whether a U.S. national or a non-citizen, is protected. It is irrelevant whether the detainee is determined to be a prisoner-of-war, a protected person, or a so-called “security detainee” or “unlawful combatant.” And the prohibition is in effect within the territory of the United States or any place anywhere U.S. authorities have control over a person. In short, the prohibition against torture and ill-treatment is absolute.

...............

Torture or inhuman treatment of prisoners-of-war (Geneva III, arts. 17 & 87) or protected persons (Geneva IV, art. 32) are grave breaches of the Geneva Conventions, and are considered war crimes (Geneva III, art. 130; Geneva IV, art. 147). War crimes create an obligation on any state to prosecute the alleged perpetrators or turn them over to another state for prosecution. This obligation applies regardless of the nationality of the perpetrator, the nationality of the victim or the place where the act of torture or inhuman treatment was committed (Geneva III, art.129; Geneva IV, art. 146).

Detainees in an armed conflict or military occupation are also protected by common article 3 to the Geneva Conventions. Article 3 prohibits “violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; …outrages upon personal dignity, in particular humiliating and degrading treatment.”

............

The United States has incorporated international prohibitions against torture and mistreatment of persons in custody into its domestic law. The United States has reported to the Committee Against Torture that: “Every act of torture within the meaning of the Convention is illegal under existing federal and state law, and any individual who commits such an act is subject to penal sanctions as specified in criminal statutes. Such prosecutions do in fact occur in appropriate circumstances. Torture cannot be justified by exceptional circumstances, nor can it be excused on the basis of an order from a superior officer. “

more at:
http://hrw.org/english/docs/2004/05/24/usint8614.htm

[Solly Mack]

1. K&R

[DemGa]

2. But there's no one to enforce the law

Sadly, Bush walks with impunity from his crimes.

[L. Coyote]

7. So did Hitler and Mussulini. Sadly, both Bushes do. Remember Iran-Contra?

[leveymg]

13. There will be after 01/20/2009. Not that far away.

Hang in there. They will be hung for it, following a fair trial, which is more than they allowed their victims, of course.

[TahitiNut]

14. I rather doubt it. I think it'll be "off the table" ... sadly.

I've lived through McCarthy, Kefauver, Tonkin Gulf, My Lai, Watergate, Iran/Contra, and a plethora of 'minor' scandals and have yet to see adequate prosecution of some gross offenses - violations of the public trust.

Whether it's rationalized on the basis of "healing of a nation" or "higher priorities," the professional politicians are notoriously disinclined to prosecute such crimes. And it just gets worse.

[leveymg]

15. None of those scandals have coincided with a monster economic crisis.

Soon. All too soon, someone will have to swing, if only to distract the (ex)Middle Class.

[L. Coyote]

3. It sounds like Bush HAS TO turn over Rumsfeld to France for prosecution

if there is an indictment.

Has the Bush Junta led the US into Rogue State status in the global community?

[bdamomma]

5. yea, where is Rumsfeld???

cutting and running perhaps??

[confuddled]

4. Thank you for the summary

and unequivocal clarification from this excellent source. Will use it in addressing my Senator regarding this matter again.

[flashl]

6. The alleged standoff regarding this admins legal culpability suspends all reason. n/t

[RainDog]

8. just a reminder...

"laws" that attempt to protect torturers

I posted this thread yesterday. People should contact their Senators before the vote on H.R. 1955. Senators should not remain complicit with the Bush administration.

Bush's signing statement that makes it okay for him to torture would not have the same weight as a treaty, would it?

The one thing that gives me hope is the knowledge that torturers have been and will be held accountable for their crimes against humanity.

[DCKit]

10. Will those in collusion, the enablers, also be held to account? nt

[Gregorian]

9. Go ahead and make my day.

Do you feel lucky, punk?

And I thought this was like, what do you call it, COMMON SENSE?

[Spazito]

11. Thanks for posting....

we need to keep the facts on torture front and center which is what your OP accomplishes.

Thanks again.

[NNN0LHI]

12. This lays it out without undue passion or prejudice

These are just the facts spelled out real well.

I wish I could recommend this thread again.

Don

[bleever]

16. The whole canard is that Geneva forgot to include a category

newly-named "illegal enemy combatants".

Geneva was complete.

Violators have trespassed.

[truedelphi]

17. the Nuremberg Trials prove the overall philosophy behind this OP n/t

[bonito]

18. K&R

[seemslikeadream]

19. They Are GUILTY OF WAR CRIMES-

You know it, I know it, THEY know it

[Land Shark]

20. Yes, guilty, and "tolerating" or "condoning" torture is also a war crime: How about VOTING 4 it????

k&P

[Torn_Scorned_Ignored]

21. + +

:beer: :popcorn:

[Didereaux]

22. k to late to r

[robertpaulsen]

23. Error: you can only recommend threads which were started in the past 24 hours

Shit! Oh well, here's the least I can do:

:kick: