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Commentary: War crime charges threat to ground Bush?
Middle East Times ^ | April 23, 2007 | Louis Werner

Posted on 04/23/2007 9:06:42 AM PDT by presidio9

He would probably never be able to attract hefty speakers' fees abroad, like the $2 million Ronald Reagan earned in Japan just days after leaving the White House. It is unlikely he would even wish to travel to developing countries as Jimmy Carter still does at the age of 82. He would be foolhardy to risk private visits to the Middle East, in the manner of the retired Bush Senior. And he certainly would never be invited, as was Bill Clinton, to serve as a UN special envoy to foster goodwill.

Instead, as soon as he leaves office at noon, January 20, 2009, George W. Bush is likely to head back to Texas, and stay there. Why? Because he may well fear being thrown into jail if he ever left US sanctuary. Overseas, the threat of indictment, extradition, and arrest hangs heavy. Just like it was for Augusto Pinochet.

The precedent set in 1998 by former Chilean president Pinochet's 16-month house arrest in Britain, while the House of Lords dealt with Spanish prosecutor Balthazar Garzon's request to extradite him to Spain to face charges of torturing Spanish citizens, should be enough to limit Bush's post-White House travel plans. And the close call sitting prime minister Ariel Sharon faced in a Belgian courthouse - criminal indictment for the Sabra and Shatila massacres - should worry him even more.

Donald Rumsfeld, George Tenet, Paul Wolfowitz, and other former US officials are presently facing war crime charges in a German court for torture in Abu Ghraib and Guantanamo. Germany law provides for "universal jurisdiction" over all crimes, committed by anyone, anywhere, which must be prosecuted for the "good of humanity." Since there is no statute of limitations, George W. Bush's name may be added to the list of those charged at any time.

A fully-documented 384-page request for prosecution of the above named suspects is now before the German federal prosecutor's office, filed by a German lawyer, on behalf of the US' Center for Constitutional Rights, which represents 12 torture victims, under Germany's 2002 Code of Crimes Against International Law.

Similar charges against Rumsfeld were first filed in 2004. German prosecutors then declined to act, arguing that the accused had immunity as a US official, and that they believed American courts would and should be the first to move. Given that Rumsfeld has since resigned and that US prosecutors are unable now to file any charges - following passage of a 2006 American law giving US officials retroactive immunity from all Iraq war crimes - German prosecutors should be reinvigorated.

The 2004 legal procedure against Rumsfeld caused real consternation at the Pentagon, forcing him to cancel a scheduled German military summit - a move meant as much to avoid possible arrest as to express official US disapproval to the German government - until the earlier charges were dropped.

A legal loophole permits prosecutors to decline to act if the charged party is not currently on German soil. Under EU law, however, the physical presence of the accused in any EU country - should Rumseld ever wish, for example, to visit the "new Europe" of unapologetic US allies Poland or Romania - may constitute grounds for the German indictment to go forward.

If so, Rumsfeld would have to move through Europe on fast feet in order to stay one step ahead of the law. Says Michael Ratner of the Center for Constitutional Rights: "These boys can no longer sleep peacefully."

There is no doubt that European prosecutors and courts are feeling less constrained in going after American officials accused of US government-sanctioned crimes. An Italian court has indicted 26 Central Intelligence Agency (CIA) operatives, including the Rome bureau chief thought to be involved in the kidnapping of Muslim cleric Abu Omar from Milan in 2003. Extradition requests for the 26, now on US soil, may be forwarded to the US Department of Justice at any moment.

In the meantime, one can be certain none of those CIA operatives will ever again visit Italy, or any other EU member country with reciprocal legal obligations, whether for business or pleasure. In February, the European Parliament asked that extradition procedures for any charges involving rendition from European soil be expedited through local courts. Loopholes are closing fast.

Last month, the International Criminal Court's chief prosecutor Luis Moreno-Ocampo said he foresaw a time when Bush Junior and Tony Blair might, themselves, face war crime charges. He encouraged Arab countries, in particular Iraq, to ask for standing before his court in order to facilitate such a process.

And if all this international legal wrangling comes to naught? At least Mr. Bush will face a modicum of justice by being stuck in the USA for the rest of his life. Even a proud Texas provincial such as he may one day wish to use his passport, yet the mere possibility of an indictment may keep him on the ranch.

And there is always the chance that what subsequently happened to Pinochet might happen also to him. The Spanish court's moral example finally convinced his own government to strip the former president of immunity from prosecution, and he spent his last years fighting off charges where it mattered most to him - back home, under his own country's laws.

Louis Werner is a frequent Contributor to El Legado Andalusi, a Spanish cultural dialogue journal. He contributed this commentary to the Middle East Times.


TOPICS: Crime/Corruption; Editorial; Foreign Affairs; War on Terror
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To: SF Republican

A craving for something that isn’t fried?


21 posted on 04/23/2007 9:28:58 AM PDT by presidio9 (Suspended for posting an article about Scalia and Arthur Miller arguing at SCOTUS. Seriously.)
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To: presidio9

These elitist blowhards will never understand that GWB doesn’t give a damn what they think.


22 posted on 04/23/2007 9:30:15 AM PDT by wny
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To: presidio9
Louis Werner when you get the Worlds ‘Spanish’ under control, then and only then can you worry about our President George Bush. Until then STFU...........
23 posted on 04/23/2007 9:33:28 AM PDT by geo40xyz (Dr Gray on Gore “I think he's doing a great disservice and he doesn't know what he's talking about,")
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To: presidio9
Last month, the International Criminal Court's chief prosecutor Luis Moreno-Ocampo said he foresaw a time when Bush Junior and Tony Blair might, themselves, face war crime charges. He encouraged Arab countries, in particular Iraq, to ask for standing before his court in order to facilitate such a process.

Europeans welcome their new Arab overlords and are eager to do their bidding.

24 posted on 04/23/2007 9:33:41 AM PDT by Quick or Dead (Both oligarch and tyrant mistrust the people, and therefore deprive them of their arms - Aristotle)
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Comment #25 Removed by Moderator

To: presidio9
Germany law provides for "universal jurisdiction" over all crimes, committed by anyone, anywhere, which must be prosecuted for the "good of humanity."

How are they going to fit Bush into their schedule? They must be busy as hell with the trials of all those ex-communist...







Oh, they're not prosecuting the ex-communists?

26 posted on 04/23/2007 9:36:34 AM PDT by GATOR NAVY (Shangri-La is in you mind, but your Buffalo is not.)
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To: presidio9

The author seems to forget that Bush was a millionaire the day he announced for President in 1999, unlike Reagan, or Clinton, for two examples.

I suspect he’ll be happy just to go back to Crawford in January of 2009.


27 posted on 04/23/2007 9:38:17 AM PDT by Badeye (Like it or not, we live in a time when Hero's are required.)
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To: presidio9
George W. Bush is likely to head back to Texas, and stay there. Why? Because he may well fear being thrown into jail if he ever left US sanctuary.

By you and what army?

Bankrupt and blown up is no way to go through life for a country, and I don't think Germany (or anyone else) would look forward to that. Never happen.

28 posted on 04/23/2007 9:43:18 AM PDT by SamuraiScot
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To: mockingbyrd

I live in Germany....in a village of barely 2,000 people. They have serious problems with drunk teenagers on the streets of the village on any given night. At least fifteen to thirty kids...ranging from 12 years old on up to 18 years old. The local cops won’t do nothing. The village leadership won’t do nothing. The elders in town sit there and whine about this whole bizzare attitude by this punks...which is totally illegal. No one is going to do a thing about this.

So I’m really not too worried about GW or Rummy. Germans talk alot...but they can’t support nothing. And they won’t even clean up their own mess in their own towns.


29 posted on 04/23/2007 9:47:59 AM PDT by pepsionice
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To: presidio9
... Instead, as soon as he leaves office at noon, January 20, 2009,

Terrorists and tyrants will be emboldened and the world will be a much more dangerous place. Thank God for George W. Bush.

30 posted on 04/23/2007 9:54:25 AM PDT by Phlap (REDNECK@LIBARTS.EDU)
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To: presidio9

Feel the love!


31 posted on 04/23/2007 9:57:46 AM PDT by rockrr (Never argue with a man who buys ammo in bulk...)
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To: presidio9

I really have a lot of confidence in the “Middle East Times”. /sarc. / BARF


32 posted on 04/23/2007 9:59:08 AM PDT by no dems (To: Our GOP Prez, Congress of big-spenders, crooks, and pedophiles: You failed us miserably.)
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To: Brilliant
I guess that the nuts in Iran,Syria and Zimbabwe are considered good people by the Europeons. I wouldn’t lift a finger to help any of these people ever again.
33 posted on 04/23/2007 10:03:05 AM PDT by peeps36 (OUTLAWED WORDS--INSURGENT,GLOBAL WARMING,UNDOCUMENTED WORKER,PALESTINIAN,TERMINATED PREGNANCY)
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To: presidio9
Germany law provides for "universal jurisdiction" over all crimes, committed by anyone, anywhere, which must be prosecuted for the "good of humanity."

My tool of "universal jurisdiction":


34 posted on 04/23/2007 10:05:03 AM PDT by Niteranger68 (I like Fred, but WILL be supporting the Republican nominee.)
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To: Thrownatbirth

They need to stay in case the Germans get the urge to march again..


35 posted on 04/23/2007 10:06:52 AM PDT by rahbert
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To: Southside_Chicago_Republican

Wow, imagine what we could do to all the Stasi if our laws reflected this. Katerina Witt, enjoy your fruity pebbles and prayer sessions!


36 posted on 04/23/2007 10:14:11 AM PDT by Dead Dog
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To: presidio9

Until the US signs the War Crimes treaty.

Then all the US soldiers will be fair game.


37 posted on 04/23/2007 10:17:00 AM PDT by redgolum ("God is dead" -- Nietzsche. "Nietzsche is dead" -- God.)
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To: presidio9

Sorry but no crime was committed on their soils! They have no say whatsoever in American decision to do jack squat in the world! Any attempt of arresting rmer President is instant war with a country you do not want to phuck with! Personally if I was Bush, I would stay in Crawford and tell the rest of the world to go to hell. They will all see what weak leadership brings.


38 posted on 04/23/2007 10:17:45 AM PDT by Bommer (Global Warming: The only warming phenomena that occurs in the Summer and ends in the Winter!)
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To: Firefigher NC

Europe has lost its mind.

Some Europeans have lost their minds. Europe is one of the greater places to visit, live here...not so much.


39 posted on 04/23/2007 10:26:28 AM PDT by napscoordinator (.)
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To: presidio9

They had the same comments about Ronald Reagan.

Like GWBush the left wing ivory tower even had mock trials against Ronald Reagan.

If memory serves, there were kooks who tried to “serve” GHWBush during the first gulf war and there are NOW smelly left wing kooks who are trying to “citizen arrest” GWBush.

The Democrats are gleeful that they will control the leadership of the state department. Are they in for a big surprise when they realize they have jimmy carter running their foreign policy.


40 posted on 04/23/2007 10:35:24 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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