Wednesday, November 16, 2016

DoD v. ICC Prosecutor

The U.S. has responded to the ICC Prosecutor's announcement that there is reason to believe U.S. personnel committed war crimes, including torture, in Afghanistan:
"We have a robust system, both nationally within our criminal justice system, and within the U.S. military with our Uniform Code of Military Justice to be able to investigate and hold accountable our people," [Pentagon spokesman Capt. Jeff] Davis said. "And those standards more than meet international standards."
Really? Does the U.S. military justice system comport with human rights standards? Consider the analysis linked to here (to which the U.S. government never responded). One might start with the fact that the charging power is held by commanders, not lawyers independent of the chain of command.

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