Support Senate Bill 1346 -- allowing for prosecution of BUSH-administration WAR CRIMINALS

[ProgrezivIndie]

Senate Bill 1346 has been introduced, and will close the existing "loopholes" in U.S. Law... allowing for prosecution, in U.S. courts, of the BUSH administration war criminals--who all, except Cheney, seem to have "gone into hiding" since leaving Washington.

07 July 2009
http://community.freespeech.org/senate_bill_would_allow_prosecution_of_bush_for_iraq_war_3

Senate Bill Would Allow Prosecution of Bush for Iraq War

<...snip...>

"Though U.S. law prohibits grave human rights violations such as genocide and torture, alleged perpetrators of crimes against humanity may escape accountability due not to their innocence of unforgivable acts but to loopholes in the U.S. criminal code. The Crimes Against Humanity Act of 2009 would close this illogical gap in U.S. law. Just as they may pursue those who have committed related and similarly horrific crimes, U.S. prosecutors would have the authority to ensure that those in the United States who have committed crimes against humanity may not evade accountability merely by fleeing to our country."

But the bill, as written (See http://thomas.loc.gov ), would allow the prosecution of Americans for crimes against humanity wherever committed. Here is the section of the bill listing the punishable offenses (emphasis mine):

<...snip...>

Please call and write to your Senators, in support of S. 1346 ... and encourage them to call for criminal investigations of the BUSH administration WAR CRIMINALS (once this bill has passed, and is signed into law by President Barack Hussein Obama). Also, pass this along to everyone you know... IOW: let's take this VIRAL!!

Thank you!

[FiveGoodMen]

1. Good first step.

[RandomThoughts]

2. There is a part of law that says no one can be prosecuted

by laws past after they did the crime.
Ex post facto law
http://en.wikipedia.org/wiki/Ex_post_facto_law

By passing that law are they trying to give people some kind of cover for crimes before the bill?

What many have accused the Bush administration of doing is already illegal according to laws of the USA and according to world court and precedence.

Besides, if those laws were not enforced, why would any new laws have any meaning?

Although it creates an interesting contradiction, since Anarchy removed all laws, ex post facto law also does not have any value, making it possible to do such a thing, but since no laws exist, the new law has no ability to prosecute anyone.

It makes sense to pass laws to make such matters clear, but their should be a legal frame work in place to so such a thing first.

[ProgrezivIndie]

3. i undertsand "ex post facto" law fairly well, though I'm not a lawyer

However; I think this new bill is simply meant to close "loopholes" ... much as the BRITS are trying to do:

ref: http://www.timesonline.co.uk/tol/news/uk/crime/article6653067.ece
Jack Straw to close legal loophole used by fugitive war criminals

IOW: it's not about WAR CRIMES per se ... it's about WAR CRIMINALS being able to avoid prosecution by taking refuge in a given country (like Great Britain or the United States).

I'm not a lawyer... the above is presented merely as I understand it to be.

[RandomThoughts]

4. If it is to clarify, or as you say close loopholes, that makes sense

But the OP said it had something to do with prosecuting Bush.

Ahh, if passed now, nobody could run to another country later, so maybe that might have to do with Bush Administration.



edit:


If it is what you said, then the article is missleading.

Senators Dick Durbin, Russ Feingold, and Patrick Leahy have introduced a bill in the United States Senate (S. 1346) that would allow the prosecution of George W. Bush and his subordinates for the invasion of Iraq.

The legislation, S. 1346, is called "A bill to penalize crimes against humanity and for other purposes." Human Rights First has praised it in a press release that makes clear the bill's purpose: to allow the prosecution of foreigners who commit crimes abroad and then come to the United States to live:

It seems to be about foreigners, not US citizens. So saying it is about Bush would not make sense unless it was about co conspirators from other nations.

[ProgrezivIndie]

5. IMO: BUSH and many within his administration were party to violation of LAWS (U.S. and Int'l)

So far (and to my dismay) Obama's DoJ has failed to move against these "alleged" criminals. But, as I said, I'm not a lawyer... and there may be some loopholes that need closing (even though the LAWS, and CRIMES in violation thereof, are pretty well documented, IMO).

It seems the "focus" of the cited article (and my OP topic title) is for "prosecution of crimes against humanity". That is to say: there are a million+ Iraqis dead, a million+ Iraqis maimed, and millions more Iraqis driven from their homes & possessions... all due to BUSH's "illegal invasion & occupation of Iraq" -- i.e., "war of aggression" (both unprovoked and contrived-reasons for same) as is set forth in the U.N. Charter (a "treaty" to which the U.S. is a signatory ... and thus the Articles of said charter are "the supreme law of the land" as is set forth in Article Six of the U.S. Constitution). IOW: this "bill" to be brought before the Senate... would clear the way for prosecution of crimes other than maltreatment, torture, and even murder of prisoners in our custody... it would open the door to prosecution for "crimes against humanity".

Again, this is just my opinion (and not a legal one).

...here's a little more, from the OP cited article (which is worth reading, in its entirety, IMO)

"The Crimes Against Humanity Act of 2009 covers some of the most atrocious crimes committed in recent history, such as the campaigns of mutilations and murders of civilians in Sierra Leone and Uganda, the systematic rape of women in Burma and in the Democratic Republic of the Congo, and the ethnic cleansing in Bosnia and Kosovo. Because these crimes are not considered to be genocide, under existing U.S. law prosecutors do not have the ability to hold the perpetrators accountable. Crimes against humanity is a distinct category of crime and a separate statute is needed to provide United States courts with jurisdiction to indict those who commit these acts if they are ever present in the United States...

[RandomThoughts]

6. I agree he should be prosecuted and IMO he is most likely guilty of war crimes.

But guilt requires a trial. And I believe those that are guilty will be held to account.

My point is that that actual legislation is not about Bush.

Although other current laws on the books can be used to prosecute many people in his administration.

[ProgrezivIndie]

7. "My point is that that actual legislation is not about Bush"

Oh I agree, it is not specifically about BUSH ... but it does open the door for prosecution of offenses heretofore not within U.S. jurisdiction (of foreigner or citizen "war criminals"). I found particularly interesting, section (e) -- as those ARE related (intentionally or not) to the BUSH administration's extraordinary renditions, horrid living conditions in Iraq resulting directly from the illegal war, and also to those secret assassin squads (of which Cheney must have been so proud).

Now quoting the current bill (ref: http://tinyurl.com/mwfhcf) as to "definitions" only (as they are meant to amend existing law).

(e) Definitions- In this section:

`(1) ARBITRARY DETENTION- The term `arbitrary detention' means imprisonment or other severe deprivation of physical liberty except on such grounds and in accordance with such procedure as are established by the law of the jurisdiction where such imprisonment or other severe deprivation of physical liberty took place.

`(2) ARMED GROUP- The term `armed group' means any army, militia, or other military organization, whether or not it is State-sponsored, excluding any group assembled solely for nonviolent political association.

`(3) ATTACK DIRECTED AGAINST ANY CIVILIAN POPULATION- The term `attack directed against any civilian population' means a course of conduct in which a civilian population is a primary rather than an incidental target.

`(8) SYSTEMATIC- The term `systematic' means pursuant to or in furtherance of the policy of a State or armed group.

`(9) WIDESPREAD- The term `widespread' means involving multiple victims.'.