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| ▲ | estearum 7 hours ago | parent | next [-] | | Actually even just declaring no quarter is itself a war crime. | | |
| ▲ | KaiserPro 6 hours ago | parent [-] | | Hes also liable for the death sentence, 18 U.S.C. § 2441 — War Crimes Act (1996) & 10 U.S.C. § 950t — Military Commissions Act (more relevent) | | |
| ▲ | lokar 6 hours ago | parent [-] | | They won't face any US law. AIUI, they have been getting letters from the DOJ office of legal counsel that say it's legal. This effectively immunizes them (the DOJ can't turn around and charge you with a crime, if they advised you beforehand it was not a crime). The best shot would be to turn them over to the ICC | | |
| ▲ | estearum 24 minutes ago | parent | next [-] | | > they have been getting letters from the DOJ office of legal counsel that say it's legal. This effectively immunizes them (the DOJ can't turn around and charge you with a crime, if they advised you beforehand it was not a crime). This is not true. OLC opinions are just that: opinions. They are non-binding and non-promissory. They are an important factor in any assessments as a norm, but definitely not dispositive and not legally binding. The only real barrier is the pardon power, but I'm personally fine at this point with totally breaking the seal, trying and jailing every criminal in the administration(++), and consider the pardon power gone for good. Small price to pay. | |
| ▲ | tomjakubowski 2 hours ago | parent | prev | next [-] | | > This effectively immunizes them (the DOJ can't turn around and charge you with a crime, if they advised you beforehand it was not a crime). Where is the check or balance on this? The executive branch can apparently just launder itself wholesale of any crimes committed by its members. | |
| ▲ | KaiserPro 6 hours ago | parent | prev [-] | | Alas, the USA isn't signed up to the ICC. | | |
| ▲ | lokar 6 hours ago | parent [-] | | Sure, but, if somehow they fell into ICC custody overseas... |
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| ▲ | asdff 7 hours ago | parent | prev | next [-] | | We've already committed several war crimes. | |
| ▲ | two_handfuls 9 hours ago | parent | prev [-] | | In case anyone else doubted this, I will save you the time to look it up. Yup, it's sadly true. https://www.commondreams.org/news/hegseth-no-quarter-interna... | | |
| ▲ | lokar 7 hours ago | parent [-] | | Yep. And war crime seems to have lost all meaning in the US. But, even if you dismiss the idea of international standards, this is clearly very bad for US soldiers (and sailors, airmen, etc). I wonder if they see that. | | |
| ▲ | jMyles 5 hours ago | parent [-] | | > But, even if you dismiss the idea of international standards, this is clearly very bad for US soldiers (and sailors, airmen, etc). I wonder if they see that. Even if you dismiss the idea of international standards, a no-quarter declaration is against _US law_, specifically subject to the penalty of death with no other lawful penalty defined: https://www.govregs.com/uscode/title18_partI_chapter118_sect.... |
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