These are not abstract principles, politics, spin or PR. These are legal principles upon which a distinguished American --Justice Robert Jackson --help codify at the Nuremberg trials of major Nazi war criminals.
Can there be a better reason for prosecuting George Bush and his administration for war crimes than those words from the chief prosecutor of the Nazis, a U.S. Supreme Court Justice, with the full support of the U.S. government? Robert Jackson's words and the values this nation claims to stand for provide sufficient moral basis for putting Bush and Cheney, their underlings who implemented their policies and the perverted legal minds who justified them all in the dock. If those are not sufficient reasons, there is a long list of binding law and treaties written in black and white in surprisingly plain English. Bush imagined, and his attorneys advised, that he could simply wave aside these laws with "they don't apply." Imagine how a judge would treat even a simple traffic court defendant who brazenly stated the law was only a quaint notion, just "words on paper?" --Mike Fermer, Why we must prosecute Bush and his administration for war crimesThe Bush administration itself is aware that it is in deep, deep trouble.
...there is one group of people that has always taken the war crimes charges seriously--the members of the Bush administration themselves. They have good reason for doing so, because they have exposed hundreds of Americans to possible prosecution for violating US law. As long as George Bush is president and controls the Department of Justice, there will no prosecutions for war crimes, but after Bush is gone, anything could happen and hundreds of Americans could be charged with war crimes. --David Wallechinsky, Is George Bush Guilty of War Crimes...and Who Cares?Unless Bush plans to make his escape to Paraguay while still 'President', his exit from the Oval Office will make him vulnerable to process for violations of the War Crimes Act of 1996 passed by both houses of Congress without dissent. The act covers every crime that may be charged to Bush as of this moment and as of the time Bush will exit the 'cover' of the Oval Office. The act deals specifically with his deliberate "killing, torture or inhumane treatment" of 'detainees' at Abu Ghraib, GITMO and the gulag archipelago of 'detention centers' throughout Eastern Europe. Violations of the War Crimes Act that result in the death of a detainee carry the death penalty and there is no statute of limitations.
(a) Offense.- Whoever, whether inside or outside the United States, commits a war crime, in any of the circumstances described in subsection (b), shall be fined under this title or imprisoned for life or any term of years, or both, and if death results to the victim, shall also be subject to the penalty of death.Bush had been planning to commit capital crimes long before 911 and, in fact, tried to make 'legal' the crimes that he had intended to commit.
Wishing to rebuke the unpunished war crimes of dictators like Saddam Hussein, in 1996 a Republican-dominated Congress passed the War Crimes Act without a dissenting vote. It defined a "war crime" as any "grave breach" of the Geneva Conventions. It thereby advanced a global trend of mutual reinforcement between national and international law. The War Crimes Act was little noticed until the disclosure of Alberto Gonzales's infamous 2002 "torture memo." Gonzales, then serving as presidential counsel, advised President Bush to declare that the Geneva Conventions did not apply to people the United States captured in Afghanistan. That, Gonzales wrote, "substantially reduced the threat of domestic criminal prosecution under the War Crimes Act." --The Nation, Bush Aims to Kill War Crimes ActBush did not succeed in putting himself above the laws that prescribed the death penalty for the very violations of laws that he had planned. Title 18 of the US Code as currently published by the US Government [as quoted above] reflects the laws passed by Congress as of Jan. 3, 2007, and it is this version that is published here. It was because Bush knew he was guilty that he tried to ram through Congress amendments to the War Crimes Act that would exonerate him EX POST FACTO. Ex post facto laws are unconstitutional. Bush defenders will waste their time trying to convince me that ex post facto prohibition applies only to those laws making one prosecutable for acts that were legal at the time of commission. In other words, if it was legal to spit on the sidewalk at the time you did so, you are immune to prosecution under any law passed after you had so spit! Clearly --Bush can not commit murder now and expect to escape prosecution by making it legal after his crime of murder. That is nothing less than rule by decree and is utterly inconsistent with the very concepts of 'rule of law' or 'due process of law'. Don't confuse this with amnesty, which, to my knowledge, Bush has not sought nor does he deserve. Rather, Bush has tried to rewrite both laws and history. He tried to make legal those capital crimes that he had already committed, a notion that is absurd on its face. Several yeas ago, I wrote an article that pointed out that any federal grand jury could indict Bush for capital crimes and, in fact, could begin an investigation of Bush upon its own volition. Any federal judge can, upon his/her own motion, convene a federal grand jury to consider any case deemed worthy of investigation. I would suggest that any Federal Judge reading this, get off your bench and convene a jury! It is your patriotic duty to this nation and its laws! Former LA Prosecutor Vince Bugliosi makes another case, that because Bush deliberately lied in order to send US soldiers to their deaths in an illegal war, Bush is prosecutable for murder.
In the first sentence, we're told:Because he has notoriety, Bugliosi has succeeded in attracting some attention to this issue. My fear is that in the post-election atmosphere of relief that Obama turned back the GOP wave the pressure to bring George W. Bush to justice will subside. That would be a grave mistake, a catastrophic precedent. If Bush is allowed to make good a get away, the signal will have been sent that US presidents are above the law and may perpetrate mass murder and war crimes at will.The book you are about to read deals with what I believe to be the most serious crime ever committed in American history - - the president of the nation, George W. Bush, knowingly and deliberately taking this country to war in Iraq under false presences, a war that condemned over 100,000 human beings, including 4,000 American soldiers, to horrific, violent deaths." (V. Bugliosi, p. 3)The president "knowingly and deliberately" caused the deaths of US soldiers and Iraqi civilians and that's called murder, plain and simple. This is not a hypothetical case that could happen under special legal interpretations. When the president leaves office, he is subject to the same law as the rest of us. Bugliosi explains the ability to prosecute the case against George W. Bush by a district attorney or states attorney in any local jurisdiction where a life was lost in the Iraq war. Federal prosecutors also have that option. Bugliosi's detailed analysis of this phenomenon offers some of the best analysis in the book and the detailed end notes. --E. Pluribus Media, Bugliosi's The Prosecution of George W. Bush for Murder