Gonzales, after being weaned on Halliburton Oil, has been groomed by Bush and has known no other 'boss' They wanted a yes-man and a Hispanic, and they get both with Gonzales. By authoring the legal briefs justifying the detainment and torture of Iraqi and Afghani 'enemy combatants,' he has laid the groundwork for circumventing the Geneva Convention using the same argument the North Vietnamese used regarding American POW's, and authorizing the same treatment "Stolen Honor" blamed on John Kerry's Winter Soldier testimony to the Senate. That argument pushes aside the Geneva Convention on the theory that terrorists are not a standing army, but wanton criminals, and therefore not subject to the status and treatment accorded POW's under the convention, echoing the defense of the Viet Cong, that American soldiers were engaging in war crimes, removing them from the protection of the Geneva Convention and subjecting them to treatment as criminals rather than Prisoners of War. He further attempted to establish that as international criminals and 'enemy combatants' being held outside the U.S., they were removed from Constitutional rights to trial and counsel, among others. Gonzales is a threat to Democracy in America: the likely author of renewed efforts to undermine the Constitution, as well as new legal defenses for the Bush regime to continue their illegal wars of aggression and genocide outside the authority of the U.N. and the International Court. --- In [EMAIL PROTECTED], "Francis Boyle" <[EMAIL PROTECTED]> wrote: > > Francis A. Boyle > Law Building > 504 E. Pennsylvania Ave. > Champaign, Ill. 61820 USA > 217-333-7954 (voice) > 217-244-1478 (fax) > (personal comments only) > > ----- Original Message ----- > From: <[EMAIL PROTECTED]> > To: "NYTr List" <[EMAIL PROTECTED]> > Sent: Thursday, November 18, 2004 7:52 PM > Subject: [NYTr] The War-Criminal Attorney General (Boyle) > > > > Via NY Transfer News Collective * All the News that Doesn't Fit > > > > sent by Francis Boyle > > > > CounterPunch - November 18, 2004 > > http://www.counterpunch.org > > > > The Dems Are Caving on Gonzales > > > > War Criminal as Attorney General? > > > > by Prof. Francis A. Boyle > > > > As White House Counsel, Alberto Gonzales originated, authorized, > > approved, and aided and abetted grave breaches of the Third and Fourth > > Geneva Conventions of 1949 (e.g., torture and Gitmo kangaroo courts), > > which are serious war crimes. In other words, Gonzales is a prima facie > > war criminal. He must be prosecuted under the Geneva Conventions and the > > US War Crimes Act. > > > > For example, article 129 of the Third Geneva Convention on Prisoners of > > War provides in relevant part with respect to prima facie U.S. war > > criminals such as Gonzales: "Each High Contracting Party shall be under > > the obligation to search for persons alleged to have committed, or to > > have ordered to be committed, such graves breaches, and shall bring such > > persons, regardless of their nationality, before its own courts." > > > > To the same effect is article 146 of the Fourth Geneva Convention > > protecting Civilians in wartime. This obligation to prosecute Gonzales > > applies to every High Contracting Party to the Geneva Conventions, which > > means almost every state in the world, including the United States of > > America--still "the land of the free, and the home of the brave" despite > > incumbent US Attorney General John Ashcroft, another prima facie war > > criminal. And there is no statute of limitations for the commission of > > such serious war crimes. No wonder the Bush Jr administration has done > > everything humanly possible to sabotage the International Criminal Court. > > > > The same conclusions can be reached by the application of the Pentagon's > > own U.S. Department of the Army Field Manual 27-10, The Law of Land > > Warfare, which, by its own terms, also applies to civilian government > > officials such as Gonzales involved in ordering or aiding and abetting > > or conspiring to commit war crimes > > > > Despite the pusillanimous predilections of Senator Leahy, the U.S. > > Senate must reject his nomination. As a prima facie war criminal, > > Gonzales is not fit to be Attorney General of the United States of > > America. Should Gonzales travel around the world in that capacity, then > > human rights lawyers around the world will attempt to get him prosecuted > > wherever he might go along the lines of what they did to General > > Pinochet in London. Like pirates, war criminals are "hostes humani > > generis"--the enemies of all humankind. A fitting description for Bush > > Jr and his gang of war criminals. > > > > [Francis A. Boyle, Professor of Law, University of Illinois, is author > > of "Foundations of World Order," (Duke University Press), "The > > Criminality of Nuclear Deterrence," and "Palestine, Palestinians and > > International Law," (Clarity Press). ] > > > > * > > Search the NYTr Archives at: > > http://olm.blythe-systems.com/pipermail/nytr/ > > > > To subscribe or unsubscribe or change your settings via the web, visit: > > http://olm.blythe-systems.com/mailman/listinfo/nytr > > > > ================================================================= > > NY Transfer News Collective * A Service of Blythe Systems > > Since 1985 - Information for the Rest of Us > > 339 Lafayette St., New York, NY 10012 > > http://www.blythe.org e-mail: [EMAIL PROTECTED] > > ================================================================= > > ------------------------ Yahoo! Groups Sponsor --------------------~--> Make a clean sweep of pop-up ads. Yahoo! Companion Toolbar. Now with Pop-Up Blocker. 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