Germany to pursue criminal prosecution of Rumsfeld over prison abuse

[motivez]

A lawsuit in Germany will seek a criminal prosecution of the former Defense Secretary and other U.S. officials for their alleged role in abuses at Abu Ghraib and Gitmo
By ADAM ZAGORIN

Charges Sought Against Rumsfeld Over Prison Abuse

Just days after his resignation, former Defense Secretary Donald Rumsfeld is about to face more repercussions for his involvement in the troubled wars in Iraq and Afghanistan. New legal documents, to be filed next week with Germany's top prosecutor, will seek a criminal investigation and prosecution of Rumsfeld, along with Attorney General Alberto Gonzales, former CIA director George Tenet and other senior U.S. civilian and military officers, for their alleged roles in abuses committed at Iraq's Abu Ghraib prison and at the U.S. detention facility at Guantanamo Bay, Cuba.

The plaintiffs in the case include 11 Iraqis who were prisoners at Abu Ghraib, as well as Mohammad al-Qahtani, a Saudi held at Guantanamo, whom the U.S. has identified as the so-called "20th hijacker" and a would-be participant in the 9/11 hijackings. As TIME first reported in June 2005, Qahtani underwent a "special interrogation plan," personally approved by Rumsfeld, which the U.S. says produced valuable intelligence. But to obtain it, according to the log of his interrogation and government reports, Qahtani was subjected to forced nudity, sexual humiliation, religious humiliation, prolonged stress positions, sleep deprivation and other controversial interrogation techniques.

Lawyers for the plaintiffs say that one of the witnesses who will testify on their behalf is former Brig. Gen. Janis Karpinski, the one-time commander of all U.S. military prisons in Iraq. Karpinski — who the lawyers say will be in Germany next week to publicly address her accusations in the case — has issued a written statement to accompany the legal filing, which says, in part: "It was clear the knowledge and responsibility [for what happened at Abu Ghraib] goes all the way to the top of the chain of command to the Secretary of Defense Donald Rumsfeld ."

A spokesperson for the Pentagon told TIME there would be no comment since the case has not yet been filed.

Along with Rumsfeld, Gonzales and Tenet, the other defendants in the case are Undersecretary of Defense for Intelligence Stephen Cambone; former assistant attorney general Jay Bybee; former deputy assisant attorney general John Yoo; General Counsel for the Department of Defense William James Haynes II; and David S. Addington, Vice President Dick Cheney's chief of staff. Senior military officers named in the filing are General Ricardo Sanchez, the former top Army official in Iraq; Gen. Geoffrey Miller, the former commander of Guantanamo; senior Iraq commander, Major General Walter Wojdakowski; and Col. Thomas Pappas, the one-time head of military intelligence at Abu Ghraib.

Germany was chosen for the court filing because German law provides "universal jurisdiction" allowing for the prosecution of war crimes and related offenses that take place anywhere in the world. Indeed, a similar, but narrower, legal action was brought in Germany in 2004, which also sought the prosecution of Rumsfeld. The case provoked an angry response from Pentagon, and Rumsfeld himself was reportedly upset. Rumsfeld's spokesman at the time, Lawrence DiRita, called the case a "a big, big problem." U.S. officials made clear the case could adversely impact U.S.-Germany relations, and Rumsfeld indicated he would not attend a major security conference in Munich, where he was scheduled to be the keynote speaker, unless Germany disposed of the case. The day before the conference, a German prosecutor announced he would not pursue the matter, saying there was no indication that U.S. authorities and courts would not deal with allegations in the complaint.

In bringing the new case, however, the plaintiffs argue that circumstances have changed in two important ways. Rumsfeld's resignation, they say, means that the former Defense Secretary will lose the legal immunity usually accorded high government officials. Moreover, the plaintiffs argue that the German prosecutor's reasoning for rejecting the previous case — that U.S. authorities were dealing with the issue — has been proven wrong.

"The utter and complete failure of U.S. authorities to take any action to investigate high-level involvement in the torture program could not be clearer," says Michael Ratner, president of the Center for Constitutional Rights, a U.S.-based non-profit helping to bring the legal action in Germany. He also notes that the Military Commissions Act, a law passed by Congress earlier this year, effectively blocks prosecution in the U.S. of those involved in detention and interrogation abuses of foreigners held abroad in American custody going to back to Sept. 11, 2001. As a result, Ratner contends, the legal arguments underlying the German prosecutor's previous inaction no longer hold up.

Whatever the legal merits of the case, it is the latest example of efforts in Western Europe by critics of U.S. tactics in the war on terror to call those involved to account in court. In Germany, investigations are underway in parliament concerning cooperation between the CIA and German intelligence on rendition — the kidnapping of suspected terrorists and their removal to third countries for interrogation. Other legal inquiries involving rendition are underway in both Italy and Spain.

U.S. officials have long feared that legal proceedings against "war criminals" could be used to settle political scores. In 1998, for example, former Chilean dictator Augusto Pinochet — whose military coup was supported by the Nixon administration — was arrested in the U.K. and held for 16 months in an extradition battle led by a Spanish magistrate seeking to charge him with war crimes. He was ultimately released and returned to Chile. More recently, a Belgian court tried to bring charges against then Israeli Prime Minister Ariel Sharon for alleged crimes against Palestinians.

For its part, the Bush administration has rejected adherence to the International Criminal Court (ICC) on grounds that it could be used to unjustly prosecute U.S. officials. The ICC is the first permanent tribunal established to prosecute war crimes, genocide and other crimes against humanity.

Holy crap!

Obviously I don't think they're ever going to get Mr. Rumsfeld to charge him with anything, but I'm against torture, so I have no problem with them filing charges against him.

Personally, I think because Bush had to have signed off on these types of things, he should be impeached for it.. it's illegal, violates our treaty obligations, is immoral and goes against everything our country is supposed to stand for.

And we know it went on thanks to Cheney's admission as well as the law recently passed. So they've admitted guilt already.

[Scrum]

This will be laughed off by the same people who use this against Clinton and Clark.

[kinggovernor]

Originally Posted by Scrumtralecent

This will be laughed off by the same people who use this against Clinton and Clark.

but why is she appearing there

[7960]

Originally Posted by kinggovernor

but why is she appearing there

revenge, for being demoted?

[7960]

oh, and the thing I don't really get is how germany has "univerasal jurisdiction"......... how does that work? They want to bring charges against an american for what he supposedly did (or ordered done) to a saudi in cuba and/or iraq. Germany isn't involved in any way.

WTF.

[KatKanPlay]

The article says it goes all the way to the top, and the buck stops at the commander and cheif. Bush spit on all of us, including many allies. He whole world was told either your with us or you are for the terrorists.

The world is watching, if the American citizens do not hold this administration accountable, then the global community will. Is Donald Rumsfeld worth a global confict? I dont think so.

[7960]

Originally Posted by KatKanPlay

The world is watching, if the American citizens do not hold this administration accountable, then the global community will. Is Donald Rumsfeld worth a global confict? I dont think so.

Melodramatic much? The world will not hold us responsible. Saddam had to go, the world agrees with that. They might not like how it happened but they're not crying that he's gone.

[Scrum]

Originally Posted by 7960

Melodramatic much? The world will not hold us responsible. Saddam had to go, the world agrees with that. They might not like how it happened but they're not crying that he's gone.

Just because everyone likes the result, doesn't mean they agree with the method use to achieve it.

[7960]

Originally Posted by Scrumtralecent

Just because everyone likes the result, doesn't mean they agree with the method use to achieve it.

I agree with you 100%.

[Tyr-Ziu Saxnot]

Originally Posted by KatKanPlay

The article says it goes all the way to the top, and the buck stops at the commander and cheif. Bush spit on all of us, including many allies. He whole world was told either your with us or you are for the terrorists.

The world is watching, if the American citizens do not hold this administration accountable, then the global community will. Is Donald Rumsfeld worth a global confict? I dont think so.

You worry about the world is watching. Why?
Are you that insecure or that afraid that you would let the world dictate our policies?
The global community be damned!
As for Rumsfield being handed over to a German court. HA!!!
Last time I checked Rumsfield was an American citizen.
The day we give ANY other nation authority over our government officials is the day we cease to be a nation.
We had a little war back in 1812 over simliar actions taken by the Brits boarding our merchant ships searching for brit sailors and often forcing Americans to slave on thier ships. Believe me Americans took a very dim view on that!
The question you asked reveals your bias.
It is not about Rumsfield being defended against such silly attempts by the Germans.
It is about American government leaders being subject to the whims and vindictive actions taken by a court in another country.
National sovereignty must be upheld or we will cease to exist eventually.

I am American and I would fight gladly to defend Rumsfield or even any Democratic leader from such bold ,vindictive silly attempts by other nations
no matter the trumped up charge. _Tyr

[Diamond Cross]

The Germans signed the United Nations just like everyboldy else did. That means they have blood on their hands too.

[Tyr-Ziu Saxnot]

Originally Posted by Diamond Cross

The Germans signed the United Nations just like everyboldy else did. That means they have blood on their hands too.

The Germans want to gain stature in the world and this is more about an attempt to limit our future military response policies.
This we absolutely must not allow!
Of course we could just get way from the Germans and turn over our government to the French as Kerry suggested.
I know both the food and the wine is better there._Tyr

[Scrum]

Originally Posted by Tyr-Ziu Saxnot

The Germans want to gain stature in the world and this is more about an attempt to limit our future military response policies.
This we absolutely must not allow!
Of course we could just get way from the Germans and turn over our government to the French as Kerry suggested.
I know both the food and the wine is better there._Tyr

Yeah, if we hand Rummy over to the Germans for signing off on human rights violations, it's a signal that they control our military policies.


And Kerry hand our government over to the french?
Please, please, please provide us a link to him saying that (unless you are going to us the "it's a fact, just google it" excuse).

[kinggovernor]

Originally Posted by KatKanPlay

The article says it goes all the way to the top, and the buck stops at the commander and cheif. Bush spit on all of us, including many allies. He whole world was told either your with us or you are for the terrorists.

The world is watching, if the American citizens do not hold this administration accountable, then the global community will. Is Donald Rumsfeld worth a global confict? I dont think so.

nothing will come of this

[KatKanPlay]

Originally Posted by 7960

Melodramatic much? The world will not hold us responsible. Saddam had to go, the world agrees with that. They might not like how it happened but they're not crying that he's gone.

Sure. And this whole thread is about some piece of fiction we can laugh at and call nonsense. I dont think so.

[KatKanPlay]

Originally Posted by Tyr-Ziu Saxnot

You worry about the world is watching. Why?
Are you that insecure or that afraid that you would let the world dictate our policies?
The global community be damned!
As for Rumsfield being handed over to a German court. HA!!!
Last time I checked Rumsfield was an American citizen.
The day we give ANY other nation authority over our government officials is the day we cease to be a nation.
We had a little war back in 1812 over simliar actions taken by the Brits boarding our merchant ships searching for brit sailors and often forcing Americans to slave on thier ships. Believe me Americans took a very dim view on that!
The question you asked reveals your bias.
It is not about Rumsfield being defended against such silly attempts by the Germans.
It is about American government leaders being subject to the whims and vindictive actions taken by a court in another country.
National sovereignty must be upheld or we will cease to exist eventually.

I am American and I would fight gladly to defend Rumsfield or even any Democratic leader from such bold ,vindictive silly attempts by other nations
no matter the trumped up charge. _Tyr

My biased has been revealed!!!
Damn straight I am Biased and why shouldnt I be? I want to have my day in court with Rumsfield, Cheney, Bush and Rice. After that, Germans can have them for all I care. In my opinion these neocons have done more to hurt democracy and the integrity of this country than any other administration in this country's history. The country's best interests were not part of their agenda, so why should I as a citizen feel compelled in anyway to protect them from held accountable??? Time will tell, but I believe if we dont do it ourselves, someone else will.

[Kytro]

Originally Posted by kinggovernor

nothing will come of this

Yeah, I tend to agree. Even if he was "convicted" that would only prevent him from traveling to germany