Statute of limitations for Torture and Murder

[pilsner]

Legal experts say that the statute of limitations for torture is 5 and 8 years and time is winding down.

But, isn't there documented evidence that some people were tortured to death? There's no statute of limitation related to murder.

Could charges be filed against the torture architects in these cases?

[endarkenment]

1. "Legal experts say" - which ones?

I was under the impression that there is no 'statute of limitations' on war crimes.

[Winterblues]

2. Was there a "war" declared?

I don't think that one will fly....

[derby378]

6. George W. Bush said it himself: "We are at war"

Even chided some dissenters who insisted, silly us, that no formal declaration of war was ever issued.

Let's see Bush sweat that one out on the stand...

[endarkenment]

7. violations of the geneva conventions and the treaty on torture

do not require a constitutional declaration of war.

[Winterblues]

10. Don't you remember the "Decider" said we don't have to follow the Geneva Convention?

He also made sure everything took place off american soil so that the Constitution did not apply either.. Sort of like Cheney, in between places..

[endarkenment]

11. Doesn't matter what he said.

Treaty obligations remain in force regardless of presidential utterances. Bush would have had to repeal 18 U.S.C. 2441 to avoid the domestic legal consequences of committing war crimes.

[pilsner]

3. John Dean

I heard it on Thom Hartmann's show. The statute of limitations is related to U.S. crimes.

I'm sure the International Criminal Court and other countries don't have such statues of limitations.

[endarkenment]

8. 18 U.S.C. 2441

http://caselaw.lp.findlaw.com/casecode/uscodes/18/parts/i/chapters/118/sections/section_2441.html

United States Code
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 118 - WAR CRIMES
U.S. Code as of: 01/19/04
Section 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 violation of common Article 3 of the
international conventions signed at Geneva, 12 August 1949, or
any protocol to such convention to which the United States is a
party and which deals with non-international armed conflict; 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.

As far as I can tell there is no statute limitation here.

[ananda]

4. I'd love to see that s t a t u e...

nt

[pilsner]

5. Thanks

I corrected it. You deserve a statue!

[shraby]

9. There is NO statute of limitations on war crimes.