Retroactive War Crimes Protection

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In summary, the Bush administration has drafted amendments to the War Crimes Act in order to retroactively protect policymakers from possible criminal charges for authorizing inhumane treatment of detainees. This legislation has been met with opposition as it could potentially immunize past crimes and is seen as dangerous by critics. Some argue that this reflects the belief that the president is above the law and not responsible for any consequences. However, others hope for a more tolerant government to prevail and repair the damage caused by the current administration.
  • #1
Rach3
"Retroactive War Crimes Protection"

Retroactive War Crime Protection Proposed

WASHINGTON (AP) -- The Bush administration drafted amendments to the War Crimes Act that would retroactively protect policymakers from possible criminal charges for authorizing any humiliating and degrading treatment of detainees, according to lawyers who have seen the proposal.
http://www.nytimes.com/aponline/us/AP-War-Crimes.html?_r=1&oref=login

So hypothetically, if they had (which they didn't) done something horribly inhuman and grossly illegal, they would be retroactively immunized. Of course there's no reason to be suspicious. This is just a routine legislation which will never be used, so no reason to oppose it.

Two attorneys said that the draft is in the revision stage but that the administration seems intent on pushing forward the draft's major points in Congress after Labor Day. The two attorneys spoke on condition of anonymity because their sources did not authorize them to release the information.

''I think what this bill can do is in effect immunize past crimes. That's why it's so dangerous,'' said a third attorney, Eugene Fidell, president of the National Institute of Military Justice.
http://www.nytimes.com/aponline/us/AP-War-Crimes.html?_r=1&oref=login
 
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  • #2
The Bush presidency seems to assert
1) The president can do anything he likes and no law or constitutional limitation applies to him.
2) And he isn't legally responsible for any consequences either.

L'etat, c'est lui.
 
  • #3
Zut alors, mon dieu, c'est incroyable! :biggrin: Just kidding.

I agree he is the state, it sounds very faccist, but I wouldn't go so far as to compare it to any government in history.

Neocons est mais un mal transitoire. J'espere, sincerement.

I'm hoping that a more tolerant government will previal in the US, one that will repair the damage Bush has so evidently done both at home and in the Middle East.
 

1. What is Retroactive War Crimes Protection?

Retroactive War Crimes Protection refers to the legal protection granted to individuals who may have committed war crimes in the past, but are now immune from prosecution due to changes in laws or policies.

2. How does Retroactive War Crimes Protection work?

In most cases, Retroactive War Crimes Protection works by passing new laws that either limit or eliminate the ability to prosecute individuals for war crimes committed before the law was enacted. This can also be achieved through executive actions or international agreements.

3. Why is Retroactive War Crimes Protection controversial?

Retroactive War Crimes Protection is controversial because it can be seen as allowing individuals to escape accountability for their actions and undermines the principle of justice. It can also be viewed as a violation of human rights and international law.

4. Are there any instances where Retroactive War Crimes Protection has been used?

Yes, there have been several instances where Retroactive War Crimes Protection has been used, such as the amnesty laws in Argentina and Chile after their respective military dictatorships, and the immunity granted to U.S. officials for their involvement in torture during the War on Terror.

5. Is Retroactive War Crimes Protection always granted?

No, Retroactive War Crimes Protection is not always granted. It depends on the specific laws and policies in place, as well as the political climate and international pressure. In some cases, retroactive prosecution of war crimes may still be pursued, regardless of any protections in place.

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