Lawmaking Lesson #1
Wednesday, August 9th, 2006If you are concerned that you might be prosecuted for a violation of the law, immediately amend said law. The Bush Administration seeks to amend the War Crimes Act, a U.S. law criminalizing violations of the Geneva Convention. The amendments are aimed at decriminalizing conduct the Geneva Conventions categorize as "outrages upon [the] personal dignity" of a prisoner and deliberately humiliating acts. Under the amendments proposed by the Administration, acts such as forced nakedness, use of dog leashes and wearing of women’s underwear, which were techniques employed at the Abu Ghraib prison in Iraq, would no longer warrant criminal prosecution.
Attorney General Alberto Gonzales claims that provisions of the Geneva Convention such as "outrages on personal dignity" are too vague and leave interrogators’ with too little guidance on what steps are unlawful when conducting their interrogations.
Contrary to Gonzales’ assertions, tribunals have interpreted the Geneva Convention provisions concerning humiliating and degrading treatment of prisoners. For instance, an international tribunal prosecuting war crimes in the former Yugoslavia interpreted acts including placing prisoners in "inappropriate conditions of confinement," forcing them to urinate or defecate in their clothes, and threatening prisoners with "physical, mental, or sexual violence" as outrages on personal dignity and as degrading and humiliating treatment.
The War Crimes Act applies to political appointees, CIA officials and former military personnel.
whereIstand Tags