How to Establish the Rule of Law Regarding War Crimes
§ Re-establish the War Crimes Treaties President Bush nullified in order to protect himself and the military. If unable to re-activate the War Crimes Treaties, the President should introduce the War Crime Treaties to the Senate for new ratification. America must join the civilized world again.
§ Use the Geneva Conventions to prosecute war criminals if the War Crimes Treaties are not ratified again. President Bush did not nullify the Geneva Conventions. These treaties are still part of United States Law.
§ Article IV of the United States Constitution, Clause 2, provides that the Constitution, Federal Laws made pursuant to it and treaties made under its authority, constitute the Supreme Law of the land. The Supremacy Clause binds all State Courts to Federal Law. In case of conflict between Federal and State Law, Federal Law is supreme. Even State Constitutions are subordinate to Federal Law.
§ Under the Rule of Law, no President or elected official can ignore the law. If laws or treaties are part of the United States legal system then elected officials failing to enforce said laws are subject to impeachment and removal from office.
§ Prosecute the George W. Bush Administration for War Crimes and incarcerate or execute the guilty parties regardless of their position in the government. Apply the Rule of law.
§ Obtain the rosters of all US personnel stationed at prisoner of war camps around the world. Arrest each American Citizen staffing detention centers. Threaten all parties concerned with life imprisonment until they point out the guilty perpetrators of crimes.
§ Put to death or incarcerate anyone guilty of directing death by torture. American citizens committing murder in the name of the people will become an example to the rest of the world in order to re-establish this nation’s leadership as the moral compass in a turbulent world.
§ Guilty parties conducting torture, murder and kidnapping cannot use the defense “they were only following orders”. The Nuremberg trials invalidated this defense after WWII.
§ Anyone serving in the government of the United States of America takes an oath to defend the Constitution against all enemies foreign and domestic. Having sworn to defend the Constitution, any American violating their oath is subject to prosecution.
Our nation can only regain its honor and claim moral superiority above less civilized countries if our nation observes the Rule of Law again. The next time US prisoners of war are tortured our nation will have legal standing in voicing its objections if the Rule of Law is observed.
Otherwise, we must remain silent. One cannot support the violation of US Law only when it suites them as George W. Bush did. Failure to enforce the Rule of Law encourages future lawbreakers both foreign and domestic.