The War Crimes Act of 1996: Bush, Cheney and the Boys could be Indicted under US Law

The War Crimes Act of 1996, a federal statute set forth at 18 U.S.C. § 2441, makes it a federal crime for any U.S. national, whether military or civilian, to violate the Geneva Convention by engaging in murder, torture, or inhuman treatment.

The statute applies not only to those who carry out the acts, but also to those who ORDER IT, know about it, or fail to take steps to stop it. The statute applies to everyone, no matter how high and mighty.

18 U.S.C. § 2441 has no statute of limitations, which means that a war crimes complaint can be filed at any time.

The penalty may be life imprisonment or -- if a single prisoner dies due to torture -- death. Given that there are numerous, documented cases of prisoners being tortured to death by U.S. soldiers in both Iraq and Afghanistan (see for example this report), that means that the death penalty would be appropriate for anyone found guilty of carrying out, ordering, or sanctioning such conduct.

The general in charge of the notorious Abu Ghraib prison in Iraq stated this week that Secretary of Defense Donald Rumsfeld and other top administration officials ORDERED that inhuman treatment and torture be conducted as part of a deliberate strategy. This confirms what the Pullitzer prize-winning reporter who uncovered the Iraq prison torture scandal and the Mai Lai massacre in Vietnam previously wrote.

Indeed, an FBI email declassified in December 2004 states that Bush signed an Executive Order authorizing torture (here is the list of documents obtained through a freedom of information act request, and take a close look, for example, at this one, which mentions the "executive order").

An expert on Constitutional law said that only Bush could have authorized the torture which has occurred.

It has also recently come out that, even after the torture at Abu Ghraib hit the news, torture still continues at that prison and, indeed, the U.S. is still torturing people worldwide. Even to the casual observer, it is obvious that the administration has no plans to stop, but has instead been working tirelessly to make it easier to carry out torture in the future.

Read further the article here from George Washington's Blog.