War-criminal prosecution for Rummy?

  • Context: News 
  • Thread starter Thread starter turbo
  • Start date Start date
Click For Summary

Discussion Overview

The discussion revolves around the potential prosecution of Donald Rumsfeld for war crimes, including allegations of torture. Participants explore the implications of international law, the recognition of foreign courts by the United States, and the political ramifications of such a prosecution.

Discussion Character

  • Debate/contested
  • Technical explanation
  • Conceptual clarification

Main Points Raised

  • Some participants note that an international group of lawyers has filed a suit against Rumsfeld for war crimes and plan to pursue the case in various countries if necessary.
  • Others argue that the U.S. does not recognize foreign courts for war crimes committed by Americans, suggesting that accusations are often seen as attempts to slander the U.S.
  • It is proposed that even with overwhelming evidence, Rumsfeld may not face justice, as domestic military courts would likely handle any accusations.
  • Some participants express skepticism about the U.S. administration's willingness to harbor a convicted war criminal, questioning the political implications of such a scenario.
  • There is mention of a U.S. law regarding the arrest of servicemen in the Netherlands, raising questions about its applicability to civilians like Rumsfeld.
  • Participants discuss the "Hague invasion clause," which allows military action to liberate Americans held by the International Criminal Court, indicating a strong U.S. stance against international prosecution.
  • Some express concern that the U.S. refusal to recognize international courts could lead to a lack of accountability for war crimes.

Areas of Agreement / Disagreement

Participants generally disagree on the likelihood of Rumsfeld facing prosecution and the effectiveness of international law in holding American officials accountable. Multiple competing views remain regarding the recognition of foreign courts and the implications of U.S. laws on international prosecutions.

Contextual Notes

Limitations include the dependence on interpretations of international law, the varying definitions of war crimes, and the political context surrounding U.S. foreign policy and military actions.

turbo
Insights Author
Gold Member
Messages
3,181
Reaction score
57
An international group of lawyers has filed a suit against him for war crimes, including torture. If they fail to get prosecutors to take up the case, they vow to file it in other countries.

http://news.yahoo.com/s/afp/20061114/pl_afp/usgermanyprisoners
 
Last edited by a moderator:
Physics news on Phys.org
i don't think the usa recognizes any foreign court in regards to war crimes committed by americans. the reason for this is that if any foreigner accuses an american of a war crime, its because they are trying to slander america and in the unlikely event they are not just trying to slander, then domestic military courts will take care of it.

in the event this guy falls under the definition of a war criminal, i don't think he would be brought to justice in his lifetime. even if there was over whelming evidence to support the charge, he wouldn't even need to accept legal defense and the worst that could happen would be his popularity would go down. since that's not even an issue, he's off scot free.
 
devil-fire said:
i don't think the usa recognizes any foreign court in regards to war crimes committed by americans. the reason for this is that if any foreigner accuses an american of a war crime, its because they are trying to slander america and in the unlikely event they are not just trying to slander, then domestic military courts will take care of it.

I take it you are referring to the official or inferred reasons? Because of course these are not at all cogent. Whether or not any court is recognized, the UN charter was adopted as a treaty and confirmed by the Senate, so it is "the law of the land" whether an administration wants to recognize that or not.

i
n the event this guy falls under the definition of a war criminal, i don't think he would be brought to justice in his lifetime. even if there was over whelming evidence to support the charge, he wouldn't even need to accept legal defense and the worst that could happen would be his popularity would go down. since that's not even an issue, he's off scot free.

He would have to stay at home. Should he ever travel to Europe, or even Asia, he would run the risk of being arrested.
 
And how would the Bush administration feel being the first administration to willingly harbor a convicted war criminal?

Yeah, that would totally be +rep

OK, it may not be the first administration, but certainly the first one to do so in such a high profile case
 
He would have to stay at home. Should he ever travel to Europe, or even Asia, he would run the risk of being arrested.
The USA has an invasion Law of The Netherlands, if a 'serviceman' was to be arrested and tried in the International Criminal Courts in Den Haag. Rummy isn't a service man, so I wonder if this would still be valid.

http://www.hrw.org/press/2002/08/aspa080302.htm

Edit: Seems so, the law stipulates any Civy who was held there
 
Last edited:
And how would the Bush administration feel being the first administration to willingly harbor a convicted war criminal?

Ironiclly, the we habor terrorists, and war crimminals already. Read 'Failed State' by Chomsky. And in case (I'm sure it is the case) some of you deride this reference, you should know that he (Chomsky) painstakingly referenced and researched his assertions. in fact some are of his findings are a matter of public record.
 
selfAdjoint said:
I take it you are referring to the official or inferred reasons? Because of course these are not at all cogent. Whether or not any court is recognized, the UN charter was adopted as a treaty and confirmed by the Senate, so it is "the law of the land" whether an administration wants to recognize that or not.

a little of both inferred and official actually. there was a new court being started (or perhaps just having its first cases? i forget, sorry) that was supposed to be an international, non-biased court focusing on war crimes and crimes against humanity and the usa refused to recognize it or abide by its rulings or something like that (basically, the usa isn't allowing this court to judge amerincans). the reason given for this is that the american officials thought the court would be flooded with americans being brought to trial just for the sake of an effective smear campaign. mind you, i forget if this was a U.N. related court or not. however, doesn't the usa have veto power to interdict just about anything that happens in the UN?


selfAdjoint said:
He would have to stay at home. Should he ever travel to Europe, or even Asia, he would run the risk of being arrested.
i bet bush would have something to say about that as long as he is in office

in an unrelated topic, the usa let a man live in california in peace while an interpol arrest request was in force http://www.pbs.org/frontlineworld/stories/sierraleone/lasnaud.html . just an example of how uncommon it is for someone living in the usa to be subject to justice outside the us while they are friendly with some people in the american government
 
Anttech said:
The USA has an invasion Law of The Netherlands, if a 'serviceman' was to be arrested and tried in the International Criminal Courts in Den Haag. Rummy isn't a service man, so I wonder if this would still be valid.

http://www.hrw.org/press/2002/08/aspa080302.htm

Edit: Seems so, the law stipulates any Civy who was held there


wow. I am speachless.
Anntech's link said:
The new law authorizes the use of military force to liberate any American or citizen of a U.S.-allied country being held by the court, which is located in The Hague. This provision, dubbed the "Hague invasion clause," has caused a strong reaction from U.S. allies around the world, particularly in the Netherlands...In addition, the law provides for the withdrawal of U.S. military assistance from countries ratifying the ICC treaty, and restricts U.S. participation in United Nations peacekeeping unless the United States obtains immunity from prosecution.
 

Similar threads

  • · Replies 36 ·
2
Replies
36
Views
7K
  • · Replies 8 ·
Replies
8
Views
2K
  • · Replies 4 ·
Replies
4
Views
4K
  • · Replies 2 ·
Replies
2
Views
3K
  • · Replies 58 ·
2
Replies
58
Views
9K
  • · Replies 5 ·
Replies
5
Views
3K
  • · Replies 9 ·
Replies
9
Views
4K
  • · Replies 8 ·
Replies
8
Views
3K
  • · Replies 3 ·
Replies
3
Views
3K
  • · Replies 116 ·
4
Replies
116
Views
22K