imc indymedia

Los Angeles Indymedia : Activist News

white themeblack themered themetheme help
About Us Contact Us Calendar Publish RSS
Features
latest news
best of news
syndication
commentary


KILLRADIO

VozMob

ABCF LA

A-Infos Radio

Indymedia On Air

Dope-X-Resistance-LA List

LAAMN List




IMC Network:

Original Cities

www.indymedia.org africa: ambazonia canarias estrecho / madiaq kenya nigeria south africa canada: hamilton london, ontario maritimes montreal ontario ottawa quebec thunder bay vancouver victoria windsor winnipeg east asia: burma jakarta japan korea manila qc europe: abruzzo alacant andorra antwerpen armenia athens austria barcelona belarus belgium belgrade bristol brussels bulgaria calabria croatia cyprus emilia-romagna estrecho / madiaq euskal herria galiza germany grenoble hungary ireland istanbul italy la plana liege liguria lille linksunten lombardia london madrid malta marseille nantes napoli netherlands nice northern england norway oost-vlaanderen paris/Île-de-france patras piemonte poland portugal roma romania russia saint-petersburg scotland sverige switzerland thessaloniki torun toscana toulouse ukraine united kingdom valencia latin america: argentina bolivia chiapas chile chile sur cmi brasil colombia ecuador mexico peru puerto rico qollasuyu rosario santiago tijuana uruguay valparaiso venezuela venezuela oceania: adelaide aotearoa brisbane burma darwin jakarta manila melbourne perth qc sydney south asia: india mumbai united states: arizona arkansas asheville atlanta austin baltimore big muddy binghamton boston buffalo charlottesville chicago cleveland colorado columbus dc hawaii houston hudson mohawk kansas city la madison maine miami michigan milwaukee minneapolis/st. paul new hampshire new jersey new mexico new orleans north carolina north texas nyc oklahoma philadelphia pittsburgh portland richmond rochester rogue valley saint louis san diego san francisco san francisco bay area santa barbara santa cruz, ca sarasota seattle tampa bay tennessee urbana-champaign vermont western mass worcester west asia: armenia beirut israel palestine process: fbi/legal updates mailing lists process & imc docs tech volunteer projects: print radio satellite tv video regions: oceania united states topics: biotech

Surviving Cities

www.indymedia.org africa: canada: quebec east asia: japan europe: athens barcelona belgium bristol brussels cyprus germany grenoble ireland istanbul lille linksunten nantes netherlands norway portugal united kingdom latin america: argentina cmi brasil rosario oceania: aotearoa united states: austin big muddy binghamton boston chicago columbus la michigan nyc portland rochester saint louis san diego san francisco bay area santa cruz, ca tennessee urbana-champaign worcester west asia: palestine process: fbi/legal updates process & imc docs projects: radio satellite tv
printable version - js reader version - view hidden posts - tags and related articles

RUMSFELD CHARGED WITH WAR CRIMES IN GERMANY

by Sheepdog Sunday, Jan. 30, 2005 at 7:02 PM

look at what I found :>) author: Justus Leicht for the World Socialist Web Site US Defence Secretary Donald Rumsfeld may be forced to skip a major international security conference in Munich next month for fear that he could be hauled before a German court on war crimes charges, according to published reports in both the US and Germany.



The American human rights organisation Center for Constitutional Rights (CCR) and four Iraqis who were tortured by American military personnel in Iraq have brought legal proceedings in Germany against Rumsfeld. Also named in the indictment are former CIA Director George Tenet; the deputy secretary for the intelligence at the US Defence Department, Stephen Cambone; and US generals Robert Sanchez, Walter Wojdakowski, Geoffrey Miller and Janis Karpinski; as well as military officers Jerry Phillabaum, Thomas Pappas and Stephen Jordan. All are charged with war crimes.

The lawsuit begins at the point in the chain of command where the US courts left off: with the commanders of the military units that carried out atrocities at Abu Ghraib and other prisons. The document finally ends with Donald Rumsfeld, who was recently granted a second term in office as defence secretary by President George W. Bush.

The indictment drawn up by the Berlin-based lawyer Wolfgang Kaleck maintains that what the Pentagon euphemistically called "abuse" amounted to "torture and other grave violations of humanitarian law." It charges that the practices involved were "not the work of a handful of 'rogue' individuals," but "were widespread among the United States (US) military and had been, and were continuing to be applied in Afghanistan, Guantanamo, Iraq and detention centres located in other countries, both known and secret. The practices involved were not only directly or indirectly condoned by officials at the highest levels of the US government, but also condoned by incorrect and unlawful legal advice emanating from civilian and military government lawyers."

The 170-page document meticulously details the responsibility of those named for the torture and abuse of Iraqis and substantiates its claims with extensive references taken from official US documents, newspaper reports and testimony from eyewitnesses. (Click here to read the document)

The CCR explained that it filed its case in Germany, because there is no prospect that the accused will be charged in either the US or Iraq. The German Statutes of Criminal Law (VStGB) introduced in 2002 makes it possible—at least theoretically—to prosecute in Germany those accused of war crimes and crimes against humanity, even if such crimes were committed abroad and no German citizens were involved.



Torture and international law

The CCR document directly links the torture at Abu Ghraib with the illegal character of the Iraq war itself. By studying what led up to Abu Ghraib, it states, we learn "with what methods the war on terror has been carried on since September 11, 2001. The right to war (jus ad bellum) is reformulated and relied on in the Iraq war, while international law restraints, in particular those of the United Nations Charter, no longer play a role. In addition, humanitarian law and other legal restraints are increasingly disregarded."

The document then quotes a well-known passage from the German expert in constitutional law, Carl Schmitt, who provided legal justifications for the Nazi dictatorship: " 'He who decides on the state of emergency is the sovereign.' In a time in which a permanent state of emergency is being proclaimed, this dictum increasingly determines political everyday life."

It is in this context that the criminal complaint assesses the decisive significance of torture: "It took many decades to arrive at the universal, ethical, theoretical and legal recognition of the prohibition of torture. Nevertheless, torture is still commonplace in dozens of states. The fight against torture, whether in each concrete case or in abstract terms, is thus of crucial significance for the future of a humane and civilised humanity. Fighting against torture means being decisive in acting against its propagation and insisting on the punishment of those directly responsible for torture as well as those who organise the practice of torture. This is the context in which this complaint should be understood."

The document cites as precedent the arguments of Robert Jackson, who was the chief American prosecutor at the Nuremburg trial of the Nazi war criminals. In his opening statement to the international tribunal, Jackson stated on November 21, 1945: "Let me make clear that while this law is first applied against German aggressors, the law, if it is to serve a useful purpose, must condemn aggression by any other nations, including those which sit here now in judgement. We are able to do away with domestic tyranny and violence and aggression by those in power against the rights of their own people only when we make all men answerable to the law."

The document admits that those attempting to try the US defence secretary in the Federal Republic of Germany "will be accused of having lost touch with reality." It counters, however, that international law has experienced an "explosive development" in recent years. It cites as precedent cases brought by the torture victims of South American dictatorships, the tribunals established following the war in Yugoslavia and the massacres in Rwanda, and the setting up of the International Criminal Court in 2002, as well as the still ongoing legal proceedings against Chile's ex-dictator Augusto Pinochet.

It invokes the principle of upholding international law that was used to prosecute German and Japanese war criminals after the Second World War for war crimes and the crime of carrying out an illegal war of aggression...

---- For the rest of this article, please visit the World Socialist Web Site at www.wsws.org. The full article includes a link to the CCR document, which is available in PDF format.

homepage: http://www.wsws.org
Report this post as:

LATEST COMMENTS ABOUT THIS ARTICLE
Listed below are the 10 latest comments of 6 posted about this article.
These comments are anonymously submitted by the website visitors.
TITLE AUTHOR DATE
'a smidgen of credibility in it's entire existence' Sheepdog Sunday, Jan. 30, 2005 at 7:49 PM
really... Sheepdog Sunday, Jan. 30, 2005 at 8:07 PM
Malta is a great place. Jack Mehoffer Monday, Jan. 31, 2005 at 9:41 AM
'Loved it there' Sheepdog Monday, Jan. 31, 2005 at 11:19 AM
Don't know what you're talking about. Jack Mehoffer Monday, Jan. 31, 2005 at 12:10 PM

Local News

More Pix: "Families Belong Together," Pasadena J02 12:16PM

"Families Belong Together" March, Pasadena J02 12:08PM

Short Report on the Families Belong Together Protest in Los Angeles J30 4:26PM

Summer 2018 National Immigrant Solidarity Network News Alert! J10 11:58PM

Watch the Debate: Excluded Candidates for Governor of California M30 10:20PM

Change Links June 2018 posted M28 12:41AM

The Montrose Peace Vigil at 12 Years M22 1:01PM

Unity Archive Project M21 2:42AM

Dianne Feinstein's Promotion of War, Secret Animal Abuse, Military Profiteering, Censorshi M17 3:22PM

CA Senate Bill 1303 would require an independent coroner rather than being part of police M10 2:08PM

Three years after OC snitch scandal, no charges filed against sheriffs deputies M10 1:57PM

California police agencies violate Brown Act (open meetings) M02 1:31PM

Insane Company Wants To Send Nuke Plant Waste To New Mexico A29 4:47PM

Change Links May 2018 A27 1:40AM

Worker-Owned Car Wash on Vermont Closed A26 10:37PM

GUIDE TO REBEL CITY LOS ANGELES AVAILABLE A12 5:39PM

lausd whistle blower A10 11:58PM

Website Upgrade A10 3:02AM

Help KCET and UCLA identify 60s-70s Chicano images A04 1:02PM

UCLA Luskin: Casting Youth Justice in a Different Light A02 11:58AM

Change Links April 2018 A01 11:27AM

Nuclear Shutdown News March 2018 M31 6:57PM

Join The Protest Rally in Glendale on April 10, 2018! M29 7:00PM

Spring 2018 National Immigrant Solidarity Network News Alert! M19 2:02PM

Anti-Eviction Mapping Project Shows Shocking Eviction Trends in L.A. M16 5:40PM

Steve Mnuchin video at UCLA released M15 12:34AM

Actress and Philanthropist Tanna Frederick Hosts Project Save Our Surf Beach Clean Ups M06 12:10PM

After Being Told He's 'Full of Sh*t' at School Event, Mnuchin Demands UCLA Suppress Video M02 11:44AM

More Local News...

Other/Breaking News

Paraphysique de martyrologie J17 8:00AM

[NEW HOT] World Soccer King Hack Coins and Gems J17 4:32AM

Asian Countries:Cambodia, Vietnam, N. Korea do not permit unlawful immigration J16 8:06PM

Children Incorporated Earns 4-Star Rating on Charity Navigator J16 11:24AM

Democratic Socialists of America J14 4:57PM

Leonard Peltier Non Violent Native American Political Prisoner since 1970's J14 4:18PM

Paraphysique miscellanées de l'aggiornamento J14 12:54AM

Actress and Philanthropist Tanna Frederick Hosts Project Save Our Surf Beach Cleanup J13 4:14PM

FBI Investigated LA County Sheriff Baca,Why Not Hank Skinner's Persecution? J13 3:52PM

Updated Partial List Of Famous Vegetarians, Vegans, & Fruitarians J13 2:59PM

The Shortwave Report 07136/18 Listen Globally! J12 4:36PM

Social Policy as Social Infrastructure J12 3:38AM

Vol I: 84 Varieties Of GOP Election Fraud J12 1:50AM

Texas Can Call it An Execution,But It is A State Sponsored Murder of Hank Skinner.. J11 6:48PM

June 2018 Honduras coup update J11 3:35PM

Maria Estrada doubles down on racist support J11 1:40PM

New York Women in Film & Television Announces 2018 NYWIFT Ha Phuong Scholarship Recipients J11 10:14AM

Trapps de la domination, trapps de l'aliénation J11 1:31AM

Please Work For The Defeat Of Brett Kavanaugh And Why J09 8:54PM

Change Links 2018 July posted J09 1:27PM

Transinhumanisme ( transe inhumanisme ) J09 12:44PM

Google, World's Biggest Censor, Was Founded By The CIA J09 10:25AM

For a World Free of Nuclear Risks J09 8:29AM

Corrupt CDC Ignores Meat Fish Recalls J09 4:55AM

The (Temporary) End of Globalization J09 3:03AM

Aternatives to Abortions such as Plan B the pill, condoms and IUD J08 4:03PM

U.S Congressional Legal Minds Know Better Than Allowing Texas To Murder Hank Skinner J08 3:37PM

ACLU in many US states defends in court KKK and American Nazis Sometimes for Money J07 11:28PM

More Breaking News...
© 2000-2018 Los Angeles Independent Media Center. Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere. Opinions are those of the contributors and are not necessarily endorsed by the Los Angeles Independent Media Center. Running sf-active v0.9.4 Disclaimer | Privacy