Law of Unintended Consequences

July 28, 2006
By

Some more fallout from SCOTUS’s Hamdan decision.

WaPo
An obscure law approved by a Republican-controlled Congress a decade ago has made the Bush administration nervous that officials and troops involved in handling detainee matters might be accused of committing war crimes, and prosecuted at some point in U.S. courts.

Senior officials have responded by drafting legislation that would grant U.S. personnel involved in the terrorism fight new protections against prosecution for past violations of the War Crimes Act of 1996. That law criminalizes violations of the Geneva Conventions governing conduct in war and threatens the death penalty if U.S.-held detainees die in custody from abusive treatment.

Read

In light of a recent Supreme Court ruling that the international Conventions apply to the treatment of detainees in the terrorism fight, Attorney General Alberto R. Gonzales has spoken privately with Republican lawmakers about the need for such “protections,” according to someone who heard his remarks last week.

“The military has lived with” the Geneva Conventions provisions “for 50 years and applied them to every conflict, even against irregular forces. Why are we suddenly afraid now about the vagueness of its terms?” asked Tom Malinowski, director of the Washington office of Human Rights Watch.

Why? Because people can’t be trusted not to file utterly insane lawsuits and the courts can’t be trusted to dismiss them.

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