SMRs and AMRs

Saturday, July 29, 2006

Detainee handling may amount to war crimes

Officials move to rule out charges against military
BY R. JEFFREY SMITH
Washington Post

WASHINGTON — An obscure law approved a decade ago by a Republican-controlled Congress 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.

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

Gonzales told the lawmakers that a shield was needed for actions taken by U.S. personnel under a 2002 presidential order, which the Supreme Court declared illegal, and under Justice Department legal opinions that have been withdrawn under fire, the source said. A spokeswoman for Gonzales declined to comment.

(The rest is here.)

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