List Of, And Details About What Are War Crimes

[Peter Lemkin]

http://www.uswarcrimes.com/?page_id=54

Great site, the author has a great book out on War Crimes Of The Bush Administration, as well.

Each of the catagories below has a link with details of the International definition and rules applying.

Click on each type of war crime for the documentary basis and an example.

LEGALITY OF WAR
Armed aggression, under current international law, is prohibited unless there is an urgent, immediate need to respond to an ongoing attack from another country. Even in the case of legitimate self-defense, the matter must be approved subsequently by the UN Security Council.
#1 Waging Aggressive War
#2 Aiding Rebels in a Civil War
#3 Threatening Aggressive War
#4 Planning & Preparing for a War of Aggression
#5 Conspiracy to Wage War
#6 Propaganda For War

CONDUCT OF WAR
The principle that innocent civilians should be protected from the ravages of warfare has been established for 1,600 years. In the present, that principle has been extended to prohibitions on various targets, cruel weapons, undisciplined behavior by soldiers and commanders, and on the use of mercenaries.
Prohibited Targets
#7 Failure to Observe the Neutrality of a Hospital
#8 Destruction of Undefended Targets
#9 Bombing of Edifices Devoted to Art, Charity, Religion, & Science
#10 Failure to Compensate
#11 Naval Bombardment of Undefended Buildings, Dwellings, Towns, & Villages
#12 Bombing of Neutral Countries
#13 Failure to Observe the Neutrality of Hospital Employees
#14 Failure to Respect the Neutrality of a Voluntary Aid Society
#15 Hostile Acts on the Ground Directed at a Museum
#16 Indiscriminate Attacks Against Civilians
#17 Failure to Protect Cultural Property
Prohibited Weapons
#18 Use of Arms and Projectiles to Cause Superfluous Injury
#19 Use of Napalm
#20 Use of White Phosphorous
#21 Use of Depleted Uranium Weapons
Misconduct by Soldiers
#22 Killing or Wounding Civilians Treacherously
#23 Failure to Accept the Surrender of Combatants
#24 Pillage
#25 Failure to Attend to the Wounded
#26 Failing to Provide Proper Burials to Enemy Soldiers Killed in Combat
#27 Excessive Targeting of Civilians
Misconduct by Commanders
#28 Failure to Notify Authorities of Bombardments
#29 Indiscriminate Naval Bombardments
#30 Naval Bombardments Without Warning
#31 Extrajudicial Executions
#32 Reprisals Against Innocent Civilians
#33 Depriving Civilians of Food & Drinking Water
#34 Excessive Military Force
#35 Failure to Provide Battlefield Officers with Appropriate Legal Advice
#36 Failure to Prosecute Commanding Officers for Failure to Stop Battlefield Offenses
#37 Failure of Commanding Officers to Report Battlefield Offenses to Their Superiors
#38 Failure of Commanding Officers to Ensure That Subordinates Understand Geneva Convention Obligations Regarding the Conduct of Warfare
#39 Failure of Commanding Officers to Prevent Subordinates from Plotting War Crimes on the Battlefield
#40 Failure of Commanding Officers to Discipline or Prosecute Subordinates Who Commit War Crimes on the Battlefield
Prohibited Combatants
#41 Funding War Mercenaries
#42 Mercenaries Have Engaged in Combat

MISTREATMENT OF PRISONERS
The television series “Hogan’s Heroes” portrays a prison camp for Americans in Nazi Germany during World War II. Although the series takes excessive liberties for comedic purposes, the basic conditions of the camp in many ways conform to the requirements of the Prisoner of War (POW) Convention of 1929 and earlier treaties. Germany, nevertheless, sometimes used prisoner compounds as interrogation centers. When the Third Geneva Convention was written in 1949, the excesses of the Japanese and Nazis informed provisions to outlaw many practices. When the Americans initially rounded up suspected terrorists in Afghanistan and Iraq, sending some to Guantánamo, the initial military commanders enforced Geneva Convention standards. Soon, President Bush rescinded the Geneva Convention requirements, and new treatment procedures were developed on the fly. The result has been scandalous.
Violating Standards of Decency
#43 Inhumane Treatment
#44 Depriving Prisoners of Their Property
#45 Religious Mistreatment
#46 Displaying Prisoners
#47 Denial of Decent Burial of Prisoners
#48 Cruel Treatment
#49 Outrages upon Personal Dignity
Interrogation Methods
#50 Reprisals Against Prisoners
#51 Interrogation Beyond Name, Rank, and Serial Number
#52 Coercive Techniques
#53 Threats & Unpleasant Treatment
#54 Systematic Insults
#55 Torture
#56 Taking Hostages
#57 Failure to Prevent Torture
#58 Complicity or Participation in Torture
#59 Failure to Protect Prisoners from Intimidation
#60 Use of Weapons Against Prisoners
Unacceptable Living Conditions
#61 Inadequate Food
#62 Inadequate Clothing
#63 Inadequate Shelter
#64 Cramped Housing
#65 Close Confinement
#66 Internment on Ships at Sea
#67 Internment in Penitentiaries
#68 Inadequate Heating
#69 Inadequate Lighting
#70 Habitual Diet Ignored
#71 Prisoners Disallowed from Food Preparation
#72 Solitary Confinement
#73 Prisoners Not Allowed to Eat Together
#74 Lack of Prison Canteens
#75 Prisoners Not Allowed to Receive Funds to Purchase Personal Items
Health Aspects
#76 Mistreatment of Wounded Prisoners
#77 Killing & Wounding Prisoners Treacherously
#78 Unhygienic Housing
#79 Water Deprivation
#80 Unhealthful Incarceration
#81 Murder
#82 Mutilation
#83 Reckless Endangerment of Health in Prison
#84 Involuntary Experimentation
#85 Reckless Endangerment of Health During Transfers
#86 Denial of Medical Care
#87 Failure to Provide Treatment for Medically Incompetent Prisoners
#88 Locating a Prison in a Combat Zone
#89 Inadequate Nutrition
#90 Inadequate Infirmary, Surgical, & Hospital Care
#91 Failure to Provide Care for the Disabled
#92 Failure to Keep Proper Medical Records
#93 Failure to Weigh Prisoners
#94 Failure to Detect or Treat Contagious Diseases
#95 Failure to Provide Appropriate Medical Records upon Release
#96 Failure to Properly Annotate Death Certificates
#97 Failure to Properly Investigate Causes of Prisoner Deaths
#98 Violating Medical Ethics
#99 Failure to Rehabilitate Victims of Torture
Activities Disallowed
#100 Tobacco Deprivation
#101 Exercise Deprivation
#102 Inadequate Recreational Opportunities
Transfers
#103 Prisoners Transferred to Countries Practicing Torture
#104 Failure to Recall Prisoners Who Have Been Tortured After Their Transfer to Other Countries
#105 Inhumane Transfer of Prisoners
#106 Failure to Notify Prisoners in Advance of Transfers
Complaints, Representatives, and Discipline
#107 Failure to Allow Prisoners to Complain About Captivity Conditions
#108 Failure to Respond to Complaints of Prisoners Alleging Torture
#109 Failure to Allow Prisoners to Elect Representatives
#110 Repeated Punishment
#111 Punishment for Offenses Not Applied to American Soldiers
#112 Corporal Punishment
#113 Confinement Without Daylight
#114 Unequal Treatment of Disciplined Prisoners
#115 Punishment Exceeding Thirty Days
#116 Discipline Without Following Procedures
Juridical Aspects
#117 Failure to Treat Captured Belligerents as Prisoners of War
#118 Secret Detainees
#119 Failure to Advise Prisoners of Their Right to Counsel
#120 Denial of Right to Counsel
#121 Failure to Try Accused Prisoners in a Regularly Constituted Court
#122 Sentencing Without Having a Regularly Constituted Court
#123 Failure to Use a Competent Tribunal to Determine Whether to Detain Prisoners
#124 Prisoners Have Been Forced to Renounce Their Rights
#125 Depriving Prisoners of Identity Documents
#126 Failure to Disseminate Geneva Convention Protections
#127 Failure to Post the Geneva Conventions
#128 Failure to Translate the Geneva Conventions for Prisoners
#129 Failure to Publicly State How Prisoners Are to Be Handled
#130 Failure to Transmit Legal Documents to Prisoners
#131 Failure to Allow Visits Between Lawyers and Prisoners
#132 Failure to Put Prisoners on Trial in Impartial Tribunals
#133 Forced Self-Incrimination
#134 Failure to Provide Speedy Trials
#135 Denial of the Right to Call Witnesses
#136 Failure to Advise Prisoners of Geneva Convention Rights
#137 Failure to Facilitate Selection by Prisoners of Their Attorneys
#138 Failure to Allow the United Nations to Provide Attorneys for Prisoners
#139 Failure to Provide Attorneys Free Access to Prisoners
#140 Failure to Provide Privacy During Visits Between Attorneys & Prisoners
#141 Failure to Translate Legal Documents for Prisoners
#142 No Right of Appeal
#143 Failure to Inform Prisoners Promptly of Charges Against Them
#144 Failure to Inform Prisoners’ Attorneys of Charges Against Prisoners Whom They Represent
#145 Secrecy in Judicial Proceedings
#146 Failure to Prosecute Those Responsible for Prisoner Deaths
#147 Absolving Liability for Redress
#148 Refusal to Allow Cross-Examinations
#149 Failure to Provide Appropriate Legal Advice to Military Commanders Regarding Prisoners
#150 Failure to Prosecute Commanding Officers Taking No Action to Stop Abuse of Prisoners
#151 Failure of Commanding Officers to Report Offenses Against Prisoners to Superiors
#152 Failure of Commanding Officers to Ensure That Subordinates Understand Geneva Convention Obligations Regarding Prisoners
#153 Failure of Commanding Officers to Prevent or Stop Subordinates from Mistreating Prisoners
#154 Failure of Commanding Officers to Discipline or Prosecute Subordinates Who Mistreat Prisoners
#155 Attempting to Justify Torture
#156 Failure to Arrest & Prosecute Torturers
#157 Failure to Investigate Allegations of Torture
#158 Refusal to Cooperate in Investigations & Prosecutions of Torturers
#159 Failure to Compensate Victims of Torture
#160 Admission of Statements Resulting from Torture into Evidence
Relations Between Prisoners and Outside Groups
#161 Refusal to Allow the Red Cross Access to Prisoners
#162 Failure to Establish a Central Prisoner of War Agency
#163 Failure to Request Assistance from a Humanitarian Organization
#164 Prisoners Prevented from Contacting the Red Cross and the Red Crescent Society
#165 Parcels to Prisoners Disallowed
#166 Failure to Allow Prisoners to Complain to UN Bodies
#167 Failure to Share Inquest Investigations with the UN
#168 Failure to Provide Opportunities for Nongovernmental Organizations to Assist the Religious & Other Needs of Prisoners
#169 Denial of Access of UN Agencies to Places of Departure, Passage, Arrival, & Incarceration
#170 Failure to Allow UN Officials to Attend Arraignments
Repatriation
#171 Failure to Repatriate Prisoners Promptly
#172 Failure to Repatriate Seriously Ill or Wounded Prisoners
Contact with Families
#173 Denial & Delay of Correspondence Between Prisoners & Their Families
#174 Prisoners Have Not Been Allowed to Send Telegrams
#175 Failure to Compensate Dependents of Fatal Victims of Torture
Discrimination
#176 Sexual Abuse of Females
#177 Women Confined in Same Facility as Men
#178 Women Prisoners Searched by Men
#179 Discrimination Based on Nationality, Race, or Religion
#180 Elder Abuse
Treatment of Children
#181 Transfer of Children from Their Home Countries
#182 Failure to Obtain Permission from Parents or Guardians for Transfer of Their Children
#183 Incarceration of Children in the Same Quarters as Adults
#184 Failure to Provide Education for Imprisoned Children
#185 Withholding Parental Contact from Child Detainees
#186 Failure to Inform Parents of the Whereabouts of Detained Children
#187 Refusal to Allow Child Detainees to Receive Information
#188 Failure to Protect Child Detainees from Abuse
#189 Failure to Provide Social Programs for Child Detainees to Deal with Prison Abuse
#190 Failure to Establish Programs to Prevent Prison Abuse of Child Detainees
#191 Failure to Investigate Abuse of Child Prisoners
#192 Failure to Prosecute Prison Personnel Who Abuse Child Detainees
#193 Failure to Provide Recreational Activities for Child Prisoners
#194 Inhumane Treatment of Child Detainees
#195 Indefinite Detainment of Children
#196 Failure to Allow Parents to Visit Child Detainees
#197 Failure to Allow Child Prisoners to Have Legal Counsel
#198 Failure to Provide an Impartial Tribunal for Child Prisoners
#199 Failure to Provide Speedy Trials for Child Prisoners
#200 Failure to Provide Post-Confinement Programs for Abused Child Prisoners
#201 Presumption of the Guilt of Child Prisoners Before Trials
#202 Failure to Promptly Inform Child Prisoners of Charges Against Them
#203 Forcing a Child Prisoner to Incriminate Himself
#204 Failure to Allow Witnesses Testify on Behalf of Child Prisoners
#205 Failure to Allow Appeals from Trials of Child Prisoners
Disappearances
#206 Extraordinary Renditions
#207 Issuance of Executive Orders Authorizing Enforced Disappearances
#208 Failure to Prosecute Those Responsible for Enforced Disappearances
#209 Sending Prisoners to Countries Where Enforced Disappearance is Likely
#210 Failure to Disclose Basic Information About Victims of Enforced Disappearance to Appropriate Authorities
#211 Failure to Disclose Basic Information About Victims of Enforced Disappearance to Family & Legal Representatives
#212 Failure to Provide Verification of Release of Disappeared Detainees
#213 Failure to Inform Rendered Persons of the Reasons for Their Disappearance, Investigation of Their Case, & Plans for Their Future
#214 Failure to Release Disappeared Persons
#215 Failure to Return the Bodies of Those Who Die While Disappeared to Next of Kin
#216 Failure to Provide Reparation & Compensation to Victims of Enforced Disappearance
#217 Failure to Cooperate with NGOs Seeking to Rescue Victims of Enforced Disappearance

CRIMES IN THE POSTWAR OCCUPATIONS
American forces have remained in Afghanistan from 2001 and Iraq from 2003. In both cases, the United States has recognized that American forces as occupation forces. Because of the unhappy military occupation of Eastern Europe by the Nazis during World War II, the international rules applied to military occupation were strengthened from provisions in the Hague Conventions to the Fourth Geneva Convention and related international agreements. The most formalized occupation was the Coalition Provisional Authority (CPA), which was headquartered in Baghdad from May 12, 2003, to June 28, 2004, under the direct control of L. Paul Bremer III. Nevertheless, the occupation continues so long as foreign troops are on Afghan and Iraqi soil but not subject to the authority of either government.
Re-Establishing Public Order
#218 Failure to Re-Establish Public Order and Safety
#219 Complicity with Pillage
#220 Failure to Apprehend and Prosecute Looters
#221 Failure to Provide Security for Hospitals
#222 Intimidation of Civilians from Living Ordinary Lives
#223 Failure to Stop the Theft of Cultural Property
#224 Failure to Protect Journalists
Civil and Political Conditions
#225 Failure to Respect the Legal Framework
#226 Failure to Allow Self-Government
#227 Failure to Recognize Local Courts
Criminal Justice Problems
#228 Unwarranted Interrogation of Civilians
#229 Collective Punishment
#230 Cruel Treatment of Civilians
#231 Unjustified Arrest of Children
#232 Unjustified Interment
#233 Transfer to Countries That Persecute Political Opinions
#234 Failure to Observe Existing Penal Laws
#235 Penalties Imposed for Past Acts
#236 Disproportionate Penal Servitude
#237 Interned Persons, Prisoners of War, and Common Criminals Accommodated and Administered Together
#238 Failure to Account for Missing Persons
#239 Failure to Ensure Fair Trials of Repatriated Prisoners
Economic and Financial Conditions
#240 Confiscation of Private Property
#241 Lowering Tax Revenues
#242 Secret Contract Awards
#243 Diversion of State Property for Nonmilitary Operations
#244 Privatizing State Assets
#245 Failure to Maintain Material Conditions of State Property
#246 Mass Unemployment
#247 Failure to Provide Re-Employment Opportunities
#248 Unnecessary Destruction of Private Property
#249 Unnecessary Destruction of State Property
#250 Failure to Provide Necessities of Daily Living
Discrimination
#251 Failure to Respect Religious Convictions
#252 Ethnosectarian Discrimination
#253 Discrimination in Awarding Contracts
#254 Gender Discrimination
#255 Dishonoring Women
#256 Discrimination Against Nominal Members of a Political Party
#257 Arrest of Persons for Pre-Occupation Political Opinion
Social and Cultural Problems
#258 Failure to Respect Family Honors
#259 Withholding News from Family Members
#260 Charging for Formerly Free Government Services
#261 Failure to Reopen Schools
#262 Failure to Restore Cultural Property Damaged by Military Operations
Health Conditions
#263 Providing Insufficient Food
#264 Providing Insufficient Medical Supplies
#265 Reduction in the Quality of Medical Care
#266 Reduction in the Quality of Public Health
The Role of Outside Organizations
#267 Flouting UN Recommendations
#268 Failure to Accept Relief Organizations
#269 Failure to Disseminate the Fourth Geneva Convention Text to Occupation Personnel

[Peter Lemkin]

Is George W. Bush a war criminal for deliberately violating the Geneva Conventions? Can he be prosecuted when he leaves office on January 20, 2009? The answers are found in Michael Haas’s George W. Bush, War Criminal? The Bush Administration’s Liability for 269 War Crimes, which documents 269 war crimes and assesses the culpability of Bush and his administration.

The author, Michael Haas, has written more than thirty books, most recently International Human Rights: A Comprehensive Introduction (2008). A well-known political scientist, he played a key role in stopping American funding of the Khmer Rouge. His book exposing Singapore’s many human rights violations is banned in that authoritarian country.

The Foreword to the book is written by former Nuremberg prosecutor Benjamin Ferencz.

The following chapters delineate 269 war crimes:

1) A President Without a Good Lawyer
President George W. Bush is ambitious but not a lawyer, so he relies on legal advice. The attorneys on which he has relied have been widely criticized as lacking the competence and wisdom to provide sound advice. Bush has preferred to “kick ass” (in his words) rather than listen to the legal fine points.

2) Crimes of Aggression
The concept of “just war” developed from the writings of Saint Augustine and others into international agreements prohibiting aggressive war. The primary war crime is to wage war without UN approval. There are five other crimes against peace, including propaganda for war, all violated by Bush.

3) Crimes Committed in the Conduct of War
Abraham Lincoln promulgated a code of warfare that served as a basis for the Red Cross Convention, the Hague Conventions, and the Geneva Conventions. Nevertheless, Bush and his commanding generals have allowed 36 violations of these and other international agreements.

4) Crimes Committed in the Treatment of Prisoners
Although General Tommy Franks ordered troops in Afghanistan and Iraq to follow the Geneva Conventions whenever they encountered enemy personnel, he was quickly countermanded by Bush. The “gloves came off,” and thousands were improperly treated. Some 175 war crimes have been committed, many captured on film, within American-run prisons in Afghanistan, Iraq, and Guantánamo—and in secret prisons.

5) Crimes Committed in the Postwar Occupations
Whereas the postwar military occupation of Afghanistan was brief, the expected scenario for postwar Iraq did not materialize. Iraq was governed by L. Paul Bremer, who claimed direct authority from President Bush in proclaiming “I am the law,” and another 52 war crimes have been committed.

6) Tribunals for War Crimes Prosecution
American and international law provides the basis for lawsuits, but sitting presidents cannot be brought to court on criminal offenses. Some cases have already been filed in Europe. This chapter will indicate which tribunals have been and could be used for trials as well as the statutory and treaty basis. Penalties under the law are identified.

7) The Bush Administrations’ War Crimes Liability
President Bush is directly responsible for some but not every war crime identified in the analysis, so an assessment is made of his culpability for each specific violation as well as members of his Cabinet, top military brass, field commanders, and field personnel. The ramifications of both suing and not suing Bush are complex. Arguments pro and con are reviewed. A truth commission is proposed.
Quotes from the Book by the Author
Quotes from the Bush Administration
Quotes from Bush’s Critics

Endorsement From Michael Ratner, President, Center for Constitutional Rights
This important and timely book, making use of evidence that is wholly within the public domain, establishes beyond any doubt that George W. Bush should and must be charged with the commission of war crimes--and not just one war crime--but 269 war crimes. It is a handbook of Bush war crimes that must be used by all of us: activists, politicians and anyone who cares about a better world. The Bush administration has taken us, as Cheney said it would, "to the dark side." Haas's book gives us the hope at least that the criminals in the Bush administration and Bush himself can be brought to justice.

[Magda Hassan]

Well, that is an extremely comprehensive list there, isn't it. All the hard work has been done for Obama. All he has to do is lay the charges against those responsible. We're waiting.

[Peter Lemkin]

The ICRC has already certified that the Bush Administration's treatment of prisoners and combattants and 'non-combattants' constituted War Crimes. They are by International Law the body which so determines this. They wrote a detailed [secret] report that is now leaked, in part. Presenting it in court would be prima facia evidence of the crimes and one would only have to verify their claims, allow for a defense and pass sentences. The problem is the US does not recognize the International Criminal Court [wonder why?....] and no one in the USA apparently wants to touch this with a ten light-year pole.......

[David Guyatt]

I have not the slightest doubt that the secret ICRC report found its way in to the public domain because the ICRC wished that to happen. I believe they take these things very seriously indeed, but very often have their hands tied so they are not able to do things as openly as they would like.

It is up to Obama to break the apparent understanding of President's not to harm, hinder or prosecute former presidents for misdeeds conducted under their authority. But if ever there was a case for this apparent understanding to be breached this is it.

But I'm quite sure nothing will transpire.

[Peter Lemkin]

I have not the slightest doubt that the secret ICRC report found its way in to the public domain because the ICRC wished that to happen. I believe they take these things very seriously indeed, but very often have their hands tied so they are not able to do things as openly as they would like.

It is up to Obama to break the apparent understanding of President's not to harm, hinder or prosecute former presidents for misdeeds conducted under their authority. But if ever there was a case for this apparent understanding to be breached this is it.

David, I'm sure you are correct. Someone 'acting as an individual - not the ICRC' leaked it for sure and for sure because not since the Reich have we seen such systemic abuses by a leading nation.

But I'm quite sure nothing will transpire.

Sadly, I concur!