Saturday, July 01, 2006

In finding Bush in violation of the Geneva Conventions, [supreme court sets prima-facie case] against Bush as a war criminal.

Paul Craig Roberts: Bush's Assaults on Freedom: "July 1 - 2, 2006 | What's to Stop Him? |

On June 29 the US Supreme Court in a 5-3 decision ruled that President Bush's effort to railroad tortured Guantanamo Bay detainees in kangaroo courts 'violates both US law and the Geneva Conventions.'

Better late than never, but it sure took a long time for the checks and balances to call a halt to the illegal and unconstitutional behavior of the executive.

The Legal Times quotes David Remes, a partner in the law firm of Covington & Burling: 'At the broadest level, the Court has rejected the basic legal theory of the Bush administration since 9/11--that the president has the inherent power to do whatever he wants in the name of fighting terrorism without accountability to Congress or the courts.'

Perhaps the Court's ruling has more far reaching implications. In finding Bush in violation of the Geneva Conventions, the ruling may have created a prima facie case for charges to be filed against Bush as a war criminal.

Many readers have concluded that Bush assumed the war criminal's mantle when he illegally invaded Iraq under false pretenses. The US itself established the Nuremberg standard that it is a war crime to launch a war of aggression. This was the charge that the chief US prosecutor brought against German leaders at the Nuremberg trials.

The importance of the Supreme Court's decision, however, is that a legal decision by America's highest court has ruled Bush to be in violation of the Geneva Conventions.

There are many reasons to impeach Bush. His flagrant disregard for international law, US civil liberties, the separation of powers, public opinion and human rights associate Bush with the worst tyrants of the 20th century. It is true that Bush has not yet been able to subvert all the institutions that constrain his executive power, but he and his band of Federalist Society lawyers have been working around the clock to eliminate the constraints that the US Constitution and international law place on executive power." ...

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