Writing in
The Nation, Jeremy Brecher and Brenden Smith explore the Bush administration's shameless and unpatriotic attempts to eliminate crucial portions of the 1996 War Crimes Act, which makes it a felony to commit "grave" violations of the Geneva Conventions (something the administration has been encouraging in the inprisonment and interrogation of terrorist suspects).
Ironically, as the article notes, the law was passed ten years ago by the Republican-controlled Congress as a way to hold dictators like Saddam Hussein to account for his crimes against humanity--specifically it defined a "war crime" as any "grave breach" of the Geneva Conventions.
And as David Cole, a professor at Georgetown Law Center
argued in the August 10 issue of The
New York Review of Books, the Supreme Court's decision in
Hamdan v. Rusmfeld "suggests that President Bush has already committed a war crime, simply by establishing the [Guantánamo] military tribunals and subjecting detainees to them" because "the Court found that the tribunals violate Common Article 3-and under the War Crimes Act, any violation of Common Article 3 is a war crime." According to the Brecher and Smith, this would likely indicate that top US officials have also committed war crimes by justifying interrogation methods that, according to the testimony of US military lawyers, also violates Common Article 3.
So what does President Bush, who professes to be interested in ensuring justice and the rule of law, want to do? Well, of course, he wants to have Congress pass a law retroactively decriminalizing such crimes by providing immunity to key decision-makers in his administration.
The reason Bush's attempts to do so are un-American should be manifest, but the clearest evidence I think is that it allows the most powerful men and women in this country to commit war crimes with impunity.
Brecher and Smith sum it up quite well:
"The War Crimes Act has been a central focus of the Bush Administration's scorn for all Constitutional limits on the power of the President and the executive branch. It was the idea that the President could by fiat declare US and international law null and void that animated the Gonzales torture memo. It was this denial of constitutional limits that the Supreme Court resoundingly rebuked in Hamdan v. Rumsfeld. A rebuff to the Bush Administration's attack on the War Crimes Act is a reassertion of those constitutional limits.
The War Crimes Act can be a bridge to a more just and peaceful world. The incorporation of the Geneva Conventions' prohibitions on war crimes into national law affirms America's commitment to international law. It embodies an implementation of the global heritage of the Nuremberg trials, the UN Charter and the Geneva Conventions. It embeds that tradition within our own national law.
In the wake of World War II, Justice Robert Jackson, chief American prosecutor at the Nuremberg Tribunal, observed that "the ultimate step in avoiding periodic wars, which are inevitable in a system of international lawlessness, is to make statesmen responsible to law." Making statesmen responsible to law is what the War Crimes Act is all about."
Amen.
Update: Of course, the argument above doesn't even deal with the fact that some of these war crimes being committed by the US government such as torturing al Qaeda suspects, beside being illegal under international law, are also
pointless and even counterproductive.
Update #2:
Matthew Yglesias has more analysis. The money quote:
[T]he United States now presents itself as what amounts to the globe's largest and most powerful rogue state -- a nuclear-armed superpower capable of projecting military force to the furthest corners of the earth, acting utterly without legal or moral constraint whenever the president proclaims it necessary. The idea that striking such a posture on the world stage will serve our long-term interests is daft. American power has, for decades, rested crucially on the sense that the United States can be trusted and relied upon, on the belief that we use our power primarily to defend the community of liberal states and the liberal rules by which they conduct themselves rather than to undermine them.