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US District Attorneys: Prosecute George W. Bush for War Crimes

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Former President George Walker Bush should be arrested for violating common Article 3 of the international conventions done at Geneva August 12, 1949, which are codified under the War Crimes Act of 1996 (18 U.S. Code § 2441), by torturing Gul Rahman, Mandel al-Jamadi, Abu Zubaydah, and others. Under section (c)(2) of the War Crimes Act, any conduct “which constitutes a grave breach of common Article 3 (as defined in subsection (d)) when committed in the context of and in association with an armed conflict not of an international character” is considered a war crime. These war crimes a punishable at the discretion of the court by imprisonment for “life or any term of years, or both, and if death results to the victim, shall be subject to the penalty of death,” as written under section (a).

Specifically, there is substantial evidence to establish probable cause and the basis for a criminal prosecution against Mr. Bush for the following:

  1. Violating common Art. 3 of the Geneva Conventions as defined by 18 U.S. Code § 2441 (d)(1)(a) ("Torture - The act of a person who commits, or conspires or attempts to commit, an act specifically intended to inflict severe physical or mental pain or suffering... upon another person within his custody or physical control for the purpose of obtaining information or a confession, punishment, intimidation, coercion, or any reason based on discrimination of any kind) by committing and conspiring to commit acts intended to inflict severe physical and mental pain and suffering including, but not limited to, waterboarding, exposure to extreme temperatures, sensory deprivation, stress positions, sleep deprivation, beatings, starvation, dehydration, mutilation, sodomy with objects, forced hallucinogenic drug use, and threats of imminent bodily harm on Gul Rahman, Manadel al-Jamadi, Abu Zubaydah, and others while they were in the custody of the United States.
  2. Violating common Art. 3 of the Geneva Conventions as defined by 18 U.S. Code § 2441 (d)(1)(b) ("Cruel or Inhuman Treatment - The act of a person who commits, or conspires or attempts to commit, an act intended to inflict severe or serious physical or mental pain or suffering... including serious physical abuse, upon another within his custody or control") by committing and conspiring to commit acts intended to inflict severe physical and mental pain and suffering including, but not limited to, waterboarding, exposure to extreme temperatures, sensory deprivation, stress positions, sleep deprivation, beatings, starvation, dehydration, mutilation, sodomy with objects, forced hallucinogenic drug use, and threats of imminent bodily harm on Gul Rahman, Manadel al-Jamadi, Abu Zubaydah, and others while they were in the custody of the United States.
  3. Violating common Art. 3 of the Geneva Conventions as defined by 18 U.S. Code § 2441 (d)(1)(d) ("Murder - The act of a person who... kills whether intentionally or unintentionally in the course of committing any other offense under this subsection, one or more persons taking no active part in the hostilities, including those placed out of combat by... detention) by killing Gul Rahman and Manadel al-Jamadi in the course of torturing them and treating them in cruel and inhuman ways.
  4. Violating common Art. 3 of the Geneva Conventions as defined by 18 U.S. Code § 2441 (d)(1)(e) ("Mutilation or Maiming - The act of a person who intentionally injures... one or more persons taking no active part in the hostilities, including those placed out of combat by... detention... by disfiguring the person or persons by any mutilation thereof... any member, limb, or organ of his body, without any legitimate medical or dental purpose") by mutilating detainees by ripping out their fingernails.
  5. Violating common Art. 3 of the Geneva Conventions as defined by 18 U.S. Code § 2441 (d)(1)(g) ("Rape - The act of a person who forcibly or with coercion or threat of force wrongfully invades, or conspires or attempts to invade, the body of a person by penetrating, however slightly, the anal or genital opening of the victim with... any foreign object") by invading and conspiring to invade the anal and genital openings of detainees with foreign objects.
  6. Violating common Art. 3 of the Geneva Conventions as defined by 18 U.S. Code § 2441 (d)(1)(h) (The act of a person who forcibly or with coercion or threat of force engages, or conspires or attempts to engage, in sexual contact with one or more persons, or causes, or conspires or attempts to cause, one or more persons to engage in sexual contact) by forcing and conspiring to force detainees to perform sexually humiliating acts.

The evidence for these charges against Mr. Bush is overwhelming and in the public record. It has been covered by journalists, human rights organizations, and politicians for years. More evidence will likely be able to be found in discovery. Furthermore, there is also substantial evidence that Mr. Obama violated the United Nations charter and other applicable international humanitarian law with actions taken in Iraq and Afghanistan, as well as other places.

In summary, Mr. Bush should be arrested for violations of subsection (c) of the War Crimes Act of 1996 for numerous violations of common Article 3 of the Geneva Conventions in Iraq, Afghanistan, and elsewhere.

 



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