by Jeremy Brecher and Brendan Smith
http://www.commondreams.org/views06/0905-32.htm<snip>
The US War Crimes Act of 1996 makes it a felony to commit grave violations of the Geneva Conventions. The Washington Post recently reported that the Bush administration is quietly circulating draft legislation to eliminate crucial parts of the War Crimes Act. Observers on The Hill say the Administration plans to slip it through Congress this fall while there still is a guaranteed Republican majority--perhaps as part of the military appropriations bill, the proposals for Guantánamo tribunals or a new catch-all "anti-terrorism" package. Why are they doing it, and how can they be stopped?
American prohibitions on abuse of prisoners go back to the Lieber Code promulgated by Abraham Lincoln in 1863. The first international Geneva Convention dates from the following year.
After World War II, international law protecting prisoners of war and all noncombatants was codified in the Geneva Conventions. They were ratified by the US Senate and, under Article II of the Constitution, they thereby became the law of the land.
Wishing to rebuke the unpunished war crimes of dictators like Saddam Hussein, in 1996 a Republican-dominated Congress passed the War Crimes Act without a dissenting vote. It defined a "war crime" as any "grave breach" of the Geneva Conventions. It thereby advanced a global trend of mutual reinforcement between national and international law...