Can you have a "war crime" without a formally declared war?

[Prisoner_Number_Six]

Technically (boy, they LOVE that word, don't they!) the congress (such as it is) has not in all of the boy king's reign formally declared war on anybody. I have no idea what the official terminology may be ("police action" used to be popular) but I'd be willing to bet the legal eagles would say "no war, no war crimes." Thank you, congress. :sarcasm:

I therefore propose that we put the Hague on the back of the shelf for a while and instead concentrate on the real, immediate and tangible crime that has been comitted: TREASON. Now that's a word with bite, and is immediately provable.

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http://www.google.com/search?hl=en&lr=&safe=off&defl=en&q=define:treason&sa=X&oi=glossary_definition&ct=title

Article Three of the United States Constitution

Section 3: Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
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"...adhering to their Enemies..."

-Proposing to the Afghanis either a carpet of gold or one of bombs?
-Attempting to sell our ports to terroristic countries?
-Declaring Osama The Offical Root Of All Evil, then dismissing him as unimportant?
-Illegally attacking innocent nations and killing countless civilian women and children?
-Threatening first-strike nukular attacks on other nations if they refuse to toe the line?
-Leaking classified information that destroyed a CIA operation for a quick-fix political gain?
-Giving no-bid military contracts to companies that promptly steal the money and do no work?
-Setting up illicit torture and prison facilities worldwide, contrary to all American law and moral principle?
-Letting damaged cities on their own soil die because of an utter lack of concern and preparedness?
-...and on and on and on and on and...

These people have betrayed our nation and our citizens. It's time to put a stop to it. Arrest every single person now occupying the White House and lead them out in chains.

They're traitors. Understand that, and all else will follow.

Even the Hague.

[Jack Rabbit]

1. Yes

Why not?

I'd say lying to drum up support to go war qualifies.

[Fridays Child]

2. Is a war declaration required to charge * with crimes against humanity?

[gratuitous]

3. Okay, crime against humanity

It's what they nailed several of the defendants at Nuremberg for, anyway.

[mitchtv]

4. why not both?

works for me, Fort Leavenworth for a retirement village

[Prisoner_Number_Six]

6. The real difference is

war criminals disappear into tropical island retirement all the time. Traitors do not. It's a highly personal crime in that every individual citizen feels slapped across the face by treasonous acts. War crime, no matter how heinous, happens "over there" and many can't quite wrap it around their Faux News-soaked brains.

I'm not saying it can't be both. I'm saying we should start with the one that will stir the deepest, most personal feelings of the masses.

[AndyTiedye]

5. Doesn't The Absence of a Declared War Make the Crime Even Worse?

What BushCheney et al have done is certainly within the brief of the International Criminal Court,
the more so in the absence of a formally declared war.

[pitohui]

7. my lai EOM

.

[Eric J in MN]

8. Yes, because declaring a war or not is a national issue,

but war crimes are defined internationally.

[adwon]

9. Probably

After all, neither a formal declaration nor an enabling resolution are required to create jurisdiction for treason.