Senate Bill Would Allow Prosecution of Bush for Iraq War

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. Before concluding that the Spirit of Justice has
risen from the flames, a few caveats: First, none of these senators
intends the bill for this purpose, and they would all vehemently and
honestly deny that they had any such thing in mind. Second, the bill
still has to pass both houses and be signed into law. Third, it has to
be signed without a signing statement completely altering it. Fourth,
the same Department of Justice that won't prosecute torturers would
have to prosecute those who attacked Baghdad. Nonetheless, the
possibilities are worth considering.

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:

"Crimes Against Humanity Bill Would Close Loophole in U.S. Law

"Human Rights First Urges Passage of Legislation Criminalizing These
Heinous Acts, Granting Prosecutors Expanded Powers to Prosecute

"Human Rights First is urging Congress to swiftly pass the Crimes
Against Humanity Act of 2009, legislation that would close a loophole
in U.S. law that currently allows perpetrators of some heinous
international crimes to avoid accountability in U.S. courts. The
organization welcomed the bill, introduced today by Senator Richard
Durbin, noting that it would expand existing prosecutorial powers
beyond genocide, strengthening America's ability to bring to justice
those who commit horrific and pervasive crimes against humanity. . . .

"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. . . .

"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):

"(a) Offense- It shall be unlawful for any person to commit or engage in, as part of a widespread and systematic attack directed against any civilian population, and with knowledge of the attack--

1) conduct that, if it occurred in the United States, would violate--

A) section 1111 of this title (relating to murder);

B) section 1581(a) of this title (relating to peonage);

C) section 1583(a)(1) of this title (relating to kidnapping or carrying away individuals for involuntary servitude or slavery);

D) section 1584(a) of this title (relating to sale into involuntary servitude);

E) section 1589(a) of this title (relating to forced labor); or

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