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Promoted to Headline (H3) on 12/25/08:     Permalink
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The Movement to Try George W. Bush et al for War Crimes

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Violations of US Codes, Title 18, Section 2441 are NOT to be confused with violations of international treaties which may have the effect of putting Bush in the dock at the Hague. Certainly, Bush had planned to commit acts that were known to be violations of US laws and our treaty commitments. Even before 911 provided Bush the pretext to attack and invade both Afghanistan and Iraq, Tom DeLay sponsored legislation that provided for a US military invasion of The Hague in those instances should Bush find himself in the dock for war crimes. The timing of the bill is material to the case against Bush and speaks to the fact that Bush had been planning to wage war and wished to immunize himself against prosecution for the acts that were known at the time to be violations of international laws to which the US was bound by treaty.

I know of no reason why Bush should be impeached before he is indicted. Impeachment is a political remedy, the purview of Congress. What is discussed here are specific acts that are against the law. Bush should fear the very real possibility of being hauled before a federal judge charged with capital crimes.

There are yet other legal ghosts that will haunt Bush. He may be charged with perpetrating the crime of genocide.
U.S. Code; Chapter 50A; Section § 1091. Genocide

(a) Basic Offense. - Whoever, whether in time of peace or in time of war, in a circumstance described in subsection (d) and with the specific
intent to destroy, in whole or in substantial part, a national, ethnic, racial, or religious group as such.

(1) kills members of that group;

(2) causes serious bodily injury to members of that group;


(3) causes the permanent impairment of the mental faculties of members of the group through drugs, torture, or similar techniques;

(4) subjects the group to conditions of life that are intended to cause the physical destruction of the group in whole or in part;

(5) imposes measures intended to prevent births within the group; or

(6) transfers by force children of the group to another group; or attempts to do so, shall be punished as provided in subsection (b0.

--US Codes; Chapter 50A, Section § 1091. Genocide
As this blog has pointed out for years, the crimes prosecuted at Nuremberg apply as well to Bush and those key members of his cabinet with whom he conspired.
At Nuremberg, the foremost crime identified was starting a "war of aggression," later codified by U.N. Resolution 3314, Art. 5, as "a crime against international peace." Launching a war of aggression, as Hitler did against Poland, is considered so monstrous that the nation responsible can then be charged with "war crimes" and "crimes against humanity," spelled out in detail in the Geneva Conventions. As Tom Paine said long before the U.N. formalized the definition of aggression, "He who is the author of a war lets loose the whole contagion of Hell and opens a vein that bleeds a nation to death."

A small sampling of the contagion of Hell let loose by Bush includes illegally invading a sovereign state, using banned weapons such as white phosphorous and napalm, bombing hospitals and civilian infrastructure, withholding aid and medical supplies, terrorizing and knowingly killing civilians, torturing prisoners, killing a million people and displacing four million more.

Following World War II, humanity resolved that wars do more than spark a series of loathsome, individual crimes. Leaders responsible for a war actually commit crimes against the entirety of humanity. They inflict harm on every human being, something that must be put right before humanity can be restored.

There is a final reason why we must prosecute Bush and Co. It is not what some argue, although they point to a serious danger: that Bush trashed the law and usurped powers, encouraging future presidents to expand where he left off. Such reasons are about George Bush and those who hold the office after him, but in the final analysis this is about us.

We are complicit in the horrors of this administration. We can claim neither ignorance nor innocence. We are complicit by the very fact that we are citizens of the United States, more so because we paid for the war, and even more so for this reason. Listen to a village sheik I met in Iraq describe it better than I ever could.

--Mike Fermer, Why we must prosecute Bush and his administration for war crimes
Hat tip to: Above Top Secret

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http://existentialistcowboy.blogspot.com/

Len Hart is a Houston based film/video producer specializing in shorts and full-length documentaries. He is a former major market and network correspondent; credits include CBS, ABC-TV and UPI. He maintains the progressive blog: more...)
 

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War Criminals Walk Among Us by Jason Paz on Thursday, Dec 25, 2008 at 8:18:24 AM
ALL OF THE WAR CRIMINALS SHOULD BE TRIED by Len Hart on Thursday, Dec 25, 2008 at 8:31:47 AM
Bringing Bushco to account cannot happen fast enough by Nick van Nes on Thursday, Dec 25, 2008 at 10:09:58 AM
Harry Reid called on to prosecute Bush for war crimes by Lance Ciepiela on Thursday, Dec 25, 2008 at 10:30:10 AM
Try George Bush for War Crimes by vincent passiatore on Thursday, Dec 25, 2008 at 11:29:19 PM
Hypocrisy by William Whitten on Friday, Dec 26, 2008 at 10:23:59 PM
addendum: by William Whitten on Friday, Dec 26, 2008 at 11:09:11 PM