If Obama Fails to Prosecute War Crimes, Is He A Criminal Too?

  • Bob Fertik's picture
    Bob Fertik
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Dave Lindorff makes an excellent point that is largely missing from the debate over whether Obama should or should not prosecute Bush for war crimes. Namely, does Obama even have a choice?

if crimes have been committed—and in the case of the authorizing of torture, which is banned by both international treaties to which the US is a signatory, and by US law, which folded the torture bans into the US Criminal Code for good measure, they clearly have been—-the president and his incoming attorney general have a sworn obligation to prosecute them. That’s what “preserve, protect and defend the Constitution” means, after all.

Under international law, the U.S. is obligated to prosecute war criminals in its midst. George Bush could be prosecuted now for failing to do so. And if Barack Obama refuses to prosecute war criminals, he too would become a criminal.

Update 1: Marjorie Cohn makes the same point:

the Constitution requires President Obama to faithfully execute the laws. That means prosecuting lawbreakers. When the United States ratified the Geneva Conventions and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, thereby making them part of U.S. law, we agreed to prosecute those who violate their prohibitions.

Comments

We know

  • Old Geecer's picture
    Old Geecer
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that the President is above the Law, and anybody that thinks this is not so, are looking at people that believe in the Easter Bunny. As we sit around our TV’s and lesson to the Spin-Doctors that really don’t know a damn thing, but people will get all bent-out on nothing but rhetoric. So we prosecute Bush and company and they are found guilty, what are we going to do with him; we can’t build a library, maybe a Presidential prison with rooms for his entire crony. As I’ve said before, it’s too late to close the barn door after the horse gets out! The American people will have to take the blame for putting bad representative in Washington! Obama and our representative will do nothing about it! We The People have no say on what is taking place in Washington, we our their pawns!

Yes We Can

  • Bob Fertik's picture
    Bob Fertik
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prosecute Bush & Co.

and we can lock them in prison for life - after all we have the biggest prison system in the world.

We Know Greecer

  • enigma777's picture
    enigma777
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That is exactly the type of pacificism that is taking this country into being a third world country.
If you do not or cannot read the laws of the Geneva Convention, the War Powers Act, The US Constitution then you should not comment negatively about something you only write about.Where you become a party as guilty as Bush, et;al;

Prosecution of Violators of theGeneva Convention

  • waltri's picture
    waltri
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There can not be a pardon without a confession. There is no such thing as a pardon of any offense someone might have committed and the president of the USA has no power to pardon anyone from violations of International Law because the jurisdiction is the International Court of Justice. Otherwise, why could Hitler not pardoned the Gestapo before he committed suicide. He who commits a crim against humanity has nowhere to hide. A presidential pardon will not immunize anyone from prosecution of internaional law.

Violations of the Geneva Convention

  • enigma777's picture
    enigma777
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I totally agree with this except there are also other laws that can be applied as well,e;g; US Constitution, War Powers Act, etc.

See something, say something

  • vlashua's picture
    vlashua
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A Congressperson who has seen nothing criminal in arbitrary FISA, MCA, Iraq invasion, Iraq occupation, war crimes, homeland & economic negligence -- or who has said nothing -- might be considered complicit in crimes prosecuted. If regimesters are guilty, Congress is guilty.

Imagine ... 400 new roommates for Top Gun ...

See Something, Say Something

  • enigma777's picture
    enigma777
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FINALLY SOMEONE WHO UNDERSTANDS WHAT THE LAWS DICTATE NATIONALLY & INTERNATIONALLY.
THIS ENTIRE LAST (8) YEARS WERE ILLEGAL, BUSH NEVER WON THE ELECTION IN 2000 OR 2004, BUT; ROVE ENGINEERED AN ENTIRE ELECTION FRAUD, THEREBY BEING ASSOCIATED AS A WAR CRIMINAL TO THE ENTIRE PROCESS OF RAPE,ROBBERY,MURDER,GENOCIDE,TREASON, AND MANY OTHER ACTS VIOLATING ALL LAWS OF ENGAGEMENT.

REMEMBER BUSH,CHENEY ALSO ARE GUILTY OF TREASON FOR WHAT THEY HAVE DONE TO THE USA FOR THE PAST EIGHT YEARS, TO INCLUDE THIS ECONOMIC MESS THAT WILL POSSIBLY BRING THIS COUNTRY INTO A THIRD WORLD COUNTRY.
IF YOU BELIEVE THIS IS NOT POSSIBLE, YOU NEED TO DO SOME RESEARCH.