Charges Sought Against Rumsfeld Over Prison Abuse

[DVaut1]

http://www.time.com/time/nation/arti...557842,00.html

"Just days after his resignation, Defense Secretary Donald Rumsfeld is about to face more repercussions for his involvement in the troubled wars in Iraq and Afghanistan. New legal documents, to be filed next week with Germany's top prosecutor, will seek a criminal investigation and prosecution of Rumsfeld."

"Germany was chosen for the court filing because German law provides "universal jurisdiction" allowing for the prosecution of war crimes and related offenses that take place anywhere in the world. Indeed, a similar, but narrower, legal action was brought in Germany in 2004, which also sought the prosecution of Rumsfeld. The case provoked an angry response from Pentagon, and Rumsfeld himself was reportedly upset. Rumsfeld's spokesman at the time, Lawrence DiRita, called the case a "a big, big problem."

"Rumsfeld's resignation, they say, means that the former Defense Secretary will lose the legal immunity usually accorded high government officials. Moreover, the plaintiffs argue that the German prosecutor's reasoning for rejecting the previous case — that U.S. authorities were dealing with the issue — has been proven wrong."

[DVaut1]

Does anyone here have knowledge of German law well enough to know if this has legal merit, and -- more generally -- will there be more cases in various international settings that more or less levy charges of war crimes against US officials?

The article notes that the Bush Administration has rejected adherence to the International Criminal Court (ICC). The ICC is the first permanent tribunal established to prosecute war crimes, genocide and other crimes against humanity.

So, my guess is -- and someone correct me if I'm wrong -- that this is a bit of an ostentatious measure, since everyone involved (including the plantiffs) must know that, regardless of the merits of the charges (should they ever get filed) and the decision of the German court, neither Rumseld nor any other US official will actually face jail time -- correct?

[bobman0330]

A few things:
1. I don't have any specific knowledge of German law, but I'm fairly confident that some of the things Rumsfeld is reputed to be responsible for are crimes pretty much anywhere.
2. Belgium passed a similar law in 1993. A number of prosecutions were brought under it, including some of US officials and the first president Bush. The government intervened and terminated the prosecutions under fairly heavy diplomatic pressure.
3. A similar case, in which Belgium made out an arrest warrant for the foreign minister of the Congo, went to the ICJ. The court found that the minister was immune from prosecution, but there were a lot of differences in the facts. link

EDIT: 4. Even if Rumsfeld never went to prison, he'd still be unable to travel to Germany, or maybe to anywhere in the EU.

[canis582]

Well, since the democratics are out front, they can let Rummy and AG swing in Germany as an example to any other politician that would start an unprovoked, incredibly unsuccessful war.
These guys killed 2,800 troops, maimed 10,000s tarnished america's reputation and drained the treasury. and we are still stuck. Bush's plan was to let the next admin fix his problem.

[BluffTHIS!]

This crap is bogus and someone "filing charges" with a prosecutor's office isn't assured such will be acted on. And if Rumsfeld had immunity when in office, then he should have same afterwards for actions in office. And even if that's not the case there is an easy solution, and it's called recess appointment of him as an ambassador -at-large with full dimplomatic immunity while repubs are in power.

[Dr. Strangelove]

He should be tried and hanged if found guilty

"We must never forget that the record on which we judge these defendants is the record on which history will judge us tomorrow. To pass these defendants a poisoned chalice is to put it to our own lips as well."

-Justice Robert Jackson at Nuremberg.

[BluffTHIS!]

Any comparisons to true genocide like the holocaust only show how ridiculous these charges are.

[Dr. Strangelove]

It has nothing to do with genocide. It is about instigating a war of aggression.

[BluffTHIS!]

LOLOL. Wars of aggression, which this isn't as we are there right this very minute at the request of a democratically elected government despite the wishes of insurgent terrorists to the contrary who wish to impose their group's aims on the rest of their country, aren't what war crimes investigations are about. They are about investigating discrete instances of actions which might individually be a war crime.

[ConstantineX]

Liberals (me) and all members of the American political cloth need to see how ridiculous these charges are. Do these plaintiffs even have STANDING to sue Rumsfeld? I'm an adherent to the theory that American officials are in no way subject to international courts.