Convention I
For the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, Geneva, 12 August 1949
Preamble
The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for the purpose of revising the Geneva Convention for the Relief of the Wounded and Sick in Armies in the Field of July 27, 1929, have agreed as follows:
Chapter I. General Provisions
Art. 1. The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances.
Art. 2. In addition to the provisions which shall be implemented in peacetime, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them.
The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance.
Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.
Art. 3. In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions: (1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons: (a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) taking of hostages; (c) outrages upon personal dignity, in particular humiliating and degrading treatment; (d) the passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples. (2) The wounded and sick shall be collected and cared for. An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.
The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.
The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.
Chapter IX. Repression of Abuses and Infractions
Art. 49. The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article.
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 grave breaches, arid shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case.
Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches defined in the following Article.
In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence, which shall not be less favourable than those provided by Article 105 and those following, of the Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949.
Art. 50. Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.
Art. 51. No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contracting Party in respect of breaches referred to in the preceding Article.
Today, the United States of America begins the long road of rehabilitation.
Social rehabilitation. Constitutional rehabilitation. International rehabilitation.
Those of us who have been to rehab or know someone who has, realise that facing up to past mistakes and being brutally honest is the most important step.
It is simply not possible to successfully “rehab” without doing so.
The following United States citizens are widely accused of having committed war crimes and crimes against humanity by violating the above sections of the Geneva Convention; George Walker Bush, Richard Bruce Cheney, Donald Henry Rumsffeld, Paul Dundes Wolfowitz and Alberto Gonzales.
Bush and Cheney bear principal resopnsibility for any crimes which may have occured as the respective 43rd President and 46th Vice-President of the United States.
As former U.S. President Harry Truman stated during his tenure, “the buck stops there.”
Alberto Gonzales, 80th U.S. Attorney General, bears particular responsibility for issuing an opinion during his tenure as White House Counsel, in which he called Article III of the Geneva Convention as “quaint.” This ruling abetted the “interrogations” at Abu Ghraib, Iraq and Guantanamo Bay, Cuba by affixing the imprimatur of U.S. law.
I won’t bore you all with the titles of the remaining unindicted coconspirators (should they be so), for they are all in Wikipedia.
Post-War Japan became one of the greatest–if not the greatest–economic success stories of the twentieth century, and a major factor of that renaissance was comeing to terms with wartime atrocities.
We executed Japanese war criminals for “waterboarding,” among other crimes.
One of our staunchest allies and the heart of the European Union is Germany.
Germany fully faced its crimes in Britain’s Belsen Trials and the Allies’ Nuremberg Trials, which ended in scores of hangings.
In Germany, it is a crime to espouse Nazi ideology, glorify National Socialism or promote a Supremacist agenda.
In both cases, the nations recovered after facinging up to and atoning for their collective sins.
I did not personally torture anyone, my friend Pappyjoe didn’t, nor did my friends Kristi and Erica.
However, the United States–at least, in principal–is a democratic republic, and that means whatever its government did, we did.
We must clear our names.
The only way to do so is to arrest the aforementioned people–and possibly more–and try them for their crimes in the United States.
But, Eric! I hear you yelling as you lunge for your keyboards. There’s never been an American War Crimes Tribunal!
Wrong!
Following the U.S. Civil War–yes, the concept of war crimes already existed–the comanding officer of the Confederate States’ Andersonville prisoner of war camp was tried on such charges and hanged.
My family fought for the Confederacy, but I’ll be the first to admit it; Andersonville would have pleased Adolf Hitler. Its atrocities compared to any Stalag or possibly even Dachau.
We survived a civil war. We survived a war-crimes trial. We even survived the assassination of Abraham Lincoln, picked ourselves up, grew into a nuclear-armed superpower and went to the moon.
We’ll survive the trial of a former President.
To paraphrase President Obama; “the future of our nation lies not in red states, blue states or a state of denial, but in the United States.”