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Originally posted by NumberCruncher
HERE
The New York-based Center for Constitutional Rights (CCR) announced Thursday that a coalition of US and international human rights groups plan to file a war crimes lawsuit against outgoing US Secretary of Defense Donald Rumsfeld after his resignation Wednesday. Rumsfeld enjoys statutory immunity in the United States and so CCR, the National Lawyers Guild, the International Federation of Human Rights [advocacy websites] and others will file the complaint in Germany under that country's universal jurisdiction law. CCR hailed Rumsfeld's resignation as "a first step toward accountability," saying that "under Donald Rumsfeld's direction - often under his direct orders - the Department of Defense adopted the practices of torture and indefinite detention that CCR is currently challenging in many court cases." The advocacy group, which represents many detainees at Guantanamo, called on Rumsfeld's successor to close down Guantanamo Bay and "put an end to the unlawful torture and detention of thousands in the so-called war on terror."
CCR and four Iraqi citizens initially filed a war crimes complaint in Germany against Rumsfeld and seven other high-ranking US officials in October 2004, seeking to hold them accountable for acts of torture allegedly carried out at Abu Ghraib prison in Iraq. The complaint was rejected by a German prosecutor in February 2005, but in the interim Rumsfeld cancelled a planned trip to Germany to attend a security conference. A German court later upheld the prosecutor's dismissal of the complaint.
JURIST
Originally posted by nowthenlookhere
I doubt anyone, even Rumsfeld, would be too important to throw to the wolves if it came to it.
Originally posted by Mdv2
Originally posted by nowthenlookhere
I doubt anyone, even Rumsfeld, would be too important to throw to the wolves if it came to it.
Agree with you, but what would have been the reason to approve such a law?
Originally posted by ThePieMaN
Maybe thats why they are going to do the trial in Germany? Its not the Hague.
The International Criminal Court (ICC) was established in 2002 as a permanent tribunal to prosecute individuals for genocide, crimes against humanity, crime of aggression, and war crimes, as defined by several international agreements, most prominently the Rome Statute of the International Criminal Court. The ICC is designed to complement existing national judicial systems: the Court can only exercise its jurisdiction when national courts are unwilling or unable to investigate or prosecute such crimes, thus being a "court of last resort". Primary responsibility to exercise jurisdiction over alleged criminals is therefore left to individual states. The court can only prosecute crimes that were committed on or after 1 July 2002, the date its founding statute entered into force.
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