Armadillo said:
1. Name the war crimes. Be specific.
Well, I don't have all the time in the world, so I'll just go through one war crime: waterboarding.
According to the War Crimes Act of 1996 (
http://thomas.loc.gov/cgi-bin/query/z?c104:H.R.3680, a war crime is defined as a "grave breach of the Geneva Conventions". Now, the Bush Administration tries to argue that Al Qaeda prisoners are not subject to the Geneva Conventions because they are not Prisoners of War. However, Common Article Three of the Geneva conventions (
http://en.wikipedia.org/wiki/Geneva_Con ... _Article_3) explicitly applies to enemy combatants who are not POWs. The Supreme Court, in Hamdan v Rumsfeld (
http://www.law.cornell.edu/supct/html/05-184.ZO.html) ruled that Article Three DID apply to Al Qaeda prisoners.
Now, obviously, Article Three prohibits torture. Of course, the Administration then tries to say that waterboarding is not torture. However, waterboarding has been defined as torture by US courts NUMEROUS times. For example, one Japanese POW after World War II was sentenced to 15 years hard labor for the war crime of waterboarding. (
http://www.washingtonpost.com/wp-dyn/co ... 01170.html). That same article recounts US soldiers being court-martialed for using waterboarding Filipino guerrillas during America's occupation of the Philippines after the Spanish-American War. And in 1922, the Mississippi Supreme Court ruled that waterboarding was torture. A Black man had been convicted of murdering a white man based on his confession after being waterboarded. The bloody MISSISSIPPI Supreme Court in 1922 through out an African-American's murder conviction because he had been waterboarded.
So if torture is a war crime, and if waterboarding is torture, Bush's only recourse would be that he didn't know what was happening. This is incredibly unlikely. I refer you to the Senate Armed Services Committee Inquiry Into the Treatment of Detainees in US Custody (
http://levin.senate.gov/newsroom/suppor ... 121108.pdf). On February 7, 2002, President Bush signed a memo stating that the Geneva Conventions did not apply in the conflict with Al Qaeda, including Article Three. Also, his Office of Legal Council on August 1, 2002, approved the use of waterboarding among many other interrogation techniques that are still classified. If Bush didn't know we were waterboarding at least some detainees, he's an even bigger idiot than his critics say he is. And no, I don't think Bush is stupid.