The Smoking Gun...

As referenced in Alberto Gonzales' memo of January 25 of 2002, on January 18 of 2002, George W. Bush declared that the Geneva Convention did not apply to Al Qaeda and Taliban prisoners captured in Afghanistan. For the first time in over a century, since the US was signatory to the Second Geneva convention in 1882, the US government has decided not to honor its obligations under the Conventions.

In 1956, the US signed and ratified the Fourth Geneva Convention. And it was in 1996 that Congress passed the War Crimes Act. Thus, a "grave breach of the GC is a federal crime punishable by the imprisonment of the violator "for life or any term of years". The GC also states, in no unclear language that,

The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances. - Article 1 (emphasis mine)

The upshot of this, and the ICRC analysis of Article 1 agrees, is that nations signatory to the Geneva Convention are bound by its provisions under any and all circumstances. There can be no valid reason for failure to respect any part of the Convention.

In denying Geneva Convention protections to Taliban and Al Qaeda prisoners, and later to prisoners in Iraq, which falls under Article III of the Convention as an occupied territory, the Bush administration has, in essence if not in fact, sought to subvert the Geneva Convention. This is a violation of federal law under the War Crimes Act of 1996. Thus it behooves the Senate to call for a special prosecutor to investigate this matter and, if warranted, begin impeachment proceedings for George W. Bush et al. Any who had a hand in the formulation and implementation this policy, beginning with Alberto Gonzales, former Deputy Attorney General John Yoo and Special Counsel Robert J. Delahunty, should be brought before the bar to answer for their actions in this matter as well.

The smoking gun has been found. All that remains to be seen now, is whether anyone is possessed of the courage to use the evidence before us and bring a close to this sorry chapter in American history.