Cafferty: Bush Tries to Grant Himself Immunity for War Crimes (from an old broadcast)

[FourScore]

Run time: 01:53 https://www.youtube.com/watch?v=wBUkxvfL_eE   Posted on YouTube: September 15, 2007 By YouTube Member: Views on YouTube: 0   Posted on DU: September 20, 2007 By DU Member: FourScore Views on DU: 617

 
This is obviously somewhat older, but I hadn't seen it before. Interesting.

(Mods: Please delete if dupe.)

[slipslidingaway]

1. K&R An overlooked provision in the MCA, the retroactive pardon,

I do not know whether or not that provision would hold up in court.

[Demeter]

2. I Think We Can Make It Not Hold Up in Court!

[Spazito]

3. In order for this to be in order, it seems to me Congress would have to change...

US Code: Title 18 Chapter 118 Section 2441 which states:

(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.
(b) Circumstances.— The circumstances referred to in subsection (a) are that the person committing such war crime or the victim of such war crime is a member of the Armed Forces of the United States or a national of the United States (as defined in section 101 of the Immigration and Nationality Act).
(c) Definition.— As used in this section the term “war crime” means any conduct—
(1) defined as a 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; or
(4) of a person who, in relation to an armed conflict and contrary to the provisions of the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices as amended at Geneva on 3 May 1996 (Protocol II as amended on 3 May 1996), when the United States is a party to such Protocol, willfully kills or causes serious injury to civilians.

http://straylight.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00002441----000-.html