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US Code Title 18 Part I Chapter 118, 2441

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formercia Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-24-09 01:06 PM
Original message
US Code Title 18 Part I Chapter 118, 2441
US Code Title 18 Part I Chapter 118, 2441

http://www.law.cornell.edu/uscode/html/uscode18/usc_sec...
2441. War crimes

(a) Offense. Whoever, whether inside or outside the United States, commits a war crime, in any of the circumstances described in subsection (b), shall be fined under this title or imprisoned for life or any term of years, or both, and if death results to the victim, shall also be subject to the penalty of death.
(b) Circumstances. The circumstances referred to in subsection (a) are that the person committing such war crime or the victim of such war crime is a member of the Armed Forces of the United States or a national of the United States (as defined in section 101 of the Immigration and Nationality Act).
(c) Definition. As used in this section the term war crime means any conduct
(1) defined as a grave breach in any of the international conventions signed at Geneva 12 August 1949, or any protocol to such convention to which the United States is a party;
(2) prohibited by Article 23, 25, 27, or 28 of the Annex to the Hague Convention IV, Respecting the Laws and Customs of War on Land, signed 18 October 1907;
(3) which constitutes a grave breach of common Article 3 (as defined in subsection (d)) when committed in the context of and in association with an armed conflict not of an international character; or
(4) of a person who, in relation to an armed conflict and contrary to the provisions of the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices as amended at Geneva on 3 May 1996 (Protocol II as amended on 3 May 1996), when the United States is a party to such Protocol, willfully kills or causes serious injury to civilians.
(d) Common Article 3 Violations.
(1) Prohibited conduct. In subsection (c)(3), the term grave breach of common Article 3 means any conduct (such conduct constituting a grave breach of common Article 3 of the international conventions done at Geneva August 12, 1949), as follows:
(A) Torture. The act of a person who commits, or conspires or attempts to commit, an act specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control for the purpose of obtaining information or a confession, punishment, intimidation, coercion, or any reason based on discrimination of any kind.
(B) Cruel or inhuman treatment. The act of a person who commits, or conspires or attempts to commit, an act intended to inflict severe or serious physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions), including serious physical abuse, upon another within his custody or control.
(C) Performing biological experiments. The act of a person who subjects, or conspires or attempts to subject, one or more persons within his custody or physical control to biological experiments without a legitimate medical or dental purpose and in so doing endangers the body or health of such person or persons.
(D) Murder. The act of a person who intentionally kills, or conspires or attempts to kill, or kills whether intentionally or unintentionally in the course of committing any other offense under this subsection, one or more persons taking no active part in the hostilities, including those placed out of combat by sickness, wounds, detention, or any other cause.
(E) Mutilation or maiming. The act of a person who intentionally injures, or conspires or attempts to injure, or injures whether intentionally or unintentionally in the course of committing any other offense under this subsection, one or more persons taking no active part in the hostilities, including those placed out of combat by sickness, wounds, detention, or any other cause, by disfiguring the person or persons by any mutilation thereof or by permanently disabling any member, limb, or organ of his body, without any legitimate medical or dental purpose.
(F) Intentionally causing serious bodily injury. The act of a person who intentionally causes, or conspires or attempts to cause, serious bodily injury to one or more persons, including lawful combatants, in violation of the law of war.
(G) Rape. The act of a person who forcibly or with coercion or threat of force wrongfully invades, or conspires or attempts to invade, the body of a person by penetrating, however slightly, the anal or genital opening of the victim with any part of the body of the accused, or with any foreign object.
(H) Sexual assault or abuse. The act of a person who forcibly or with coercion or threat of force engages, or conspires or attempts to engage, in sexual contact with one or more persons, or causes, or conspires or attempts to cause, one or more persons to engage in sexual contact.
(I) Taking hostages. The act of a person who, having knowingly seized or detained one or more persons, threatens to kill, injure, or continue to detain such person or persons with the intent of compelling any nation, person other than the hostage, or group of persons to act or refrain from acting as an explicit or implicit condition for the safety or release of such person or persons.
(2) Definitions. In the case of an offense under subsection (a) by reason of subsection (c)(3)
(A) the term severe mental pain or suffering shall be applied for purposes of paragraphs (1)(A) and (1)(B) in accordance with the meaning given that term in section 2340 (2) of this title;
(B) the term serious bodily injury shall be applied for purposes of paragraph (1)(F) in accordance with the meaning given that term in section 113 (b)(2) of this title;
(C) the term sexual contact shall be applied for purposes of paragraph (1)(G) in accordance with the meaning given that term in section 2246 (3) of this title;
(D) the term serious physical pain or suffering shall be applied for purposes of paragraph (1)(B) as meaning bodily injury that involves
(i) a substantial risk of death;
(ii) extreme physical pain;
(iii) a burn or physical disfigurement of a serious nature (other than cuts, abrasions, or bruises); or
(iv) significant loss or impairment of the function of a bodily member, organ, or mental faculty; and
(E) the term serious mental pain or suffering shall be applied for purposes of paragraph (1)(B) in accordance with the meaning given the term severe mental pain or suffering (as defined in section 2340 (2) of this title), except that
(i) the term serious shall replace the term severe where it appears; and
(ii) as to conduct occurring after the date of the enactment of the Military Commissions Act of 2006, the term serious and non-transitory mental harm (which need not be prolonged) shall replace the term prolonged mental harm where it appears.
(3) Inapplicability of certain provisions with respect to collateral damage or incident of lawful attack. The intent specified for the conduct stated in subparagraphs (D), (E), and (F) or paragraph (1) precludes the applicability of those subparagraphs to an offense under subsection (a) by reasons of subsection (c)(3) with respect to
(A) collateral damage; or
(B) death, damage, or injury incident to a lawful attack.
(4) Inapplicability of taking hostages to prisoner exchange. Paragraph (1)(I) does not apply to an offense under subsection (a) by reason of subsection (c)(3) in the case of a prisoner exchange during wartime.
(5) Definition of grave breaches. The definitions in this subsection are intended only to define the grave breaches of common Article 3 and not the full scope of United States obligations under that Article.
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gratuitous Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-24-09 01:08 PM
Response to Original message
1. Oh, another quaint provision from an archaic document
That's just so pre-9/11!
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formercia Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-25-09 05:57 PM
Response to Reply #1
17. Actually, this version is from 2007
and is part of an attempted cover-up to address past war crimes. I didn't realize this until I was made aware of it after posting this.
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spanone Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-24-09 01:09 PM
Response to Original message
2. thanks k & r
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formercia Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-26-09 05:34 PM
Response to Reply #2
23. My Pleasure.
:hi:
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formercia Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-24-09 01:11 PM
Response to Original message
3. If you liked that, you will love this video:
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truedelphi Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-24-09 01:59 PM
Response to Reply #3
5. Thank you for both postings. n/t
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formercia Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-24-09 03:45 PM
Response to Reply #5
7. This is personal for me.
at one time, I was a member of that unit.

I told them they were out of their fucking minds.

This video proves it.
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Judi Lynn Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-24-09 03:49 PM
Response to Reply #3
8. Have saved this to watch when it's quiet & I can concentrate. It looks important. Thank you. n/t
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formercia Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-24-09 07:16 PM
Response to Reply #8
11. It's difficult to watch at times.
seeing people turned to hamburger....
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formercia Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-25-09 07:14 AM
Response to Reply #3
12. Since this video was taken, most of the bodies have disappeared
Like the Serbs in Bosnia and Kosovo, Bush gang has decided to make the evidence disappear.
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alfredo Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-24-09 01:32 PM
Response to Original message
4. I made the subject my sig line in my e-mail. K&R
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formercia Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-24-09 02:00 PM
Response to Reply #4
6. Thanks
The more people are reminded of the law, the arguments of Bush Gang become more hollow with time.
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conscious evolution Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-24-09 04:25 PM
Response to Original message
9. K&R
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formercia Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-26-09 11:12 AM
Response to Reply #9
21. Thanks.
The more eyeballs the better. :hi:
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pleah Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-24-09 04:29 PM
Response to Original message
10. K&R Bookmarked
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formercia Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-26-09 06:40 AM
Response to Reply #10
19. Thank You.
:hi:
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pleah Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-26-09 06:56 AM
Response to Reply #19
20. Thank you.
Very useful and appreciated. :hi:
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mmonk Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-25-09 07:42 AM
Response to Original message
13. Useful to argue against the blind followers of tyranny in this country
and their desire these tyrants are never to be prosecuted.
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formercia Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-25-09 09:04 AM
Response to Reply #13
14. Prop their eyes open with toothpicks and make them watch the video
Edited on Sun Jan-25-09 09:05 AM by formercia
A Clockwork Orange redux.
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mmonk Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-25-09 06:30 PM
Response to Reply #14
18. I wish I could. But I've been told that isn't looking forward or
"bipartisan".
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formercia Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-26-09 12:09 PM
Response to Reply #18
22. Do unto others as you would have them do unto you.
They did it because Bush Gang would protect them and liberals don't have the balls to do otherwise.
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Octafish Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-25-09 12:44 PM
Response to Original message
15. You should go to the Media with this. Oh. Never mind...
U.S. Media Ignore Call for 'Criminal Investigation' of Bush Torture

Perhaps one day, Corporate McPravda will be penniless and a new, truly free press will emerge.

Until then, we have formercia and others brave enough to stand up and tell the truth.
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formercia Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-25-09 01:19 PM
Response to Reply #15
16. I hope to be as good as you some day.
:hi:
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