other federal government officials for war crimes? Are these civil or criminal offenses? Should he be tried in a federal or congressional court, or in a World Court, just as the Serbian leadership was tried in The Hague for war crimes? What is the appeals process if he is tried in one court? What are the punishments for the crimes? What is the model: Nuremberg or The Hague? What is the nearest US domestic model?
2006-08-08 05:22:36 · 3 answers · asked by Paul D 2 in Politics & Government ➔ Law & Ethics
Just saw this posting that the US government proposes to weaken war crimes rules; how does this affect the process? Does this mean that they expect to be accused of war crimes, so they want to be change the laws first?
http://www.msnbc.msn.com/id/14236728/
2006-08-08 19:29:58 · update #1
Former elected officials are not protected under the rules for impeachment, and could be potential liable for any actions that they knowingly and willfully performed.
War crimes are defined by 18 USC 2441, and include "any grave breach in any of the international conventions signed at Geneva 12 August 1949, or any protocol to such convention to which the United States is a party; (2) prohibited by Article 23, 25, 27, or 28 of the Annex to the Hague Convention IV, Respecting the Laws and Customs of War on Land, signed 18 October 1907; (3) which constitutes a violation of common Article 3 of the international conventions signed at Geneva, 12 August 1949, or any protocol to such convention to which the United States is a party and which deals with non-international armed conflict;" (plus a few other provisions)
So, anyone who was within US jurisdiction and violated 18 USC 2441 would be triable for violation of US federal criminal law.
I don't know what the current status of the US as it relates to having accepted jurisdiction of the International Criminal Court. But that would be a separate prosecution, under those laws.
2006-08-08 06:14:30 · answer #1 · answered by coragryph 7 · 0⤊ 0⤋
This is a good question. Besides, those "judges and prosecutors" who "tried" the Serbian leadership for "war crimes"-demonized and incited hatered against the Serbian people-should be tried themselves for crimes, including for the murder of some of their "detainees who died at their hands.
2006-08-08 05:32:40 · answer #2 · answered by Avner Eliyahu R 6 · 0⤊ 0⤋
Please remove the screw from you brain.
2006-08-08 05:28:36 · answer #3 · answered by Anonymous · 0⤊ 0⤋