Monday

Seeking Shelter From Their Crimes...Again.


Everyone has seen the pictures.

Everyone has seen the proof.

What to do when you have been caught committing war crimes?

Change the law, of course.

Alberto Gonzalez is working the legislature to avoid prosecution of his keepers. Again.

Detainee Abuse Charges Feared
Shield Sought From '96 War Crimes Act

By R. Jeffrey Smith
Washington Post Staff Writer

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.

Gonzales told the lawmakers that a shield is needed for actions taken by U.S. personnel under a 2002 presidential order, which the Supreme Court declared illegal, and under Justice Department legal opinions that have been withdrawn under fire, the source said. A spokeswoman for Gonzales, Tasia Scolinos, declined to comment on Gonzales's remarks.

"The military has lived with" the Geneva Conventions provisions "for 50 years and applied them to every conflict, even against irregular forces. Why are we suddenly afraid now about the vagueness of its terms?" asked Tom Malinowski, director of the Washington office of Human Rights Watch.

At a July 13 hearing of the Senate Armed Services Committee, the Air Force's top military lawyer, Maj. Gen. Jack L. Rives, affirmed that "some of the techniques that have been authorized and used in the past have violated Common Article 3" of the Geneva Conventions. The top military lawyers for the Army, Navy and Marine Corps, who were seated next to Rives, said they agreed.

So we are all in agreement.
What exactly is it going to take America?

The full story here


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