'Intelligent discontent is the mainspring of civilization.' -- Eugene V. Debs

Tuesday, February 01, 2005

Rumsfeld's Indictment 

So in late November the Center for Constitutional Rights filed war crimes charges against Rumsfeld and others in a German court.

I hadn't realized however that the CCR's complaint against Rumsfeld is actually publicly available for download. Here it is in English. Here's the conclusion of the part enumerating the charges specifically made against Rumsfeld:

As Secretary of Defense, Rumsfeld is the penultimate civilian commander over the military, except for President Bush. There is no doubt Rumsfeld had control over the individuals who committed war crimes, indeed, he ordered the commission of some war crimes, and set the conditions possible for the commission of others. Secretary Rumsfeld knew of the crimes being committed, as he had specifically authorized certain crimes. He set the conditions favorable for more crimes to occur, and in fact failed to take action to prevent more crimes from occurring. He is therefore directly liable for war crimes under CCIL section 8.

As one of the highest civilian commanders of U.S. Forces, it is Rumsfeld’s responsibility to ensure all military and civilian personnel act within the confines of the law. Rumsfeld was aware of the possibility that more crimes beyond those he approved would be committed, and failed to take action to prevent this from happening. The above facts show Rumsfeld must be held liable for war crimes as civilian commander under CCIL section 4.

Additionally, Secretary Rumsfeld failed to properly ensure troops were adequately trained. In addition, his failure to take appropriate action when he first learned of the abuses allowed the crimes to continue. His admitted failure to recognize the magnitude of the scandal does not excuse him from his duty to remain informed, thus rendering him liable under Section 13 for his failure in his duty of supervision.

[via arancaytar]

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