Ruling points to command responsibility -- Robert Landauer

Ruling points to command responsibility

http://www.oregonlive.com/news/oregonian/robert_landauer/index.ssf?/base/editorial/10858320499300.xml

"It is urgent on this Memorial Day weekend to revisit a 1946 U.S. Supreme Court case. Its principles ought to echo through Iraqi prison cellblocks and Pentagon offices. We look back at this case to help us apply lessons from prior experience to current and future conduct.

"In re Yamashita" was argued Jan. 7-8, 1946. Four weeks later, on Feb. 4, the high court ruled (5-2) that Gen. Tomoyuki Yamashita, commander of Japanese forces in the Philippines in the late stages of the war, had been properly charged, tried, convicted of war crimes and sentenced to hang. He went to the gallows on Feb. 23, 1946.

The military commission that tried the general concluded that atrocities committed by Japanese forces under the general's command were not sporadic in nature, in many cases were methodically supervised by Japanese officers and noncommissioned officers, and that Yamashita "failed to provide effective control of . . . (his) troops, as was required by the circumstances." The commission said that where "there is no effective attempt by a commander to discover and control the criminal acts, such a commander may be held responsible, even criminally liable, for the lawless acts of his troops . . ."

...politicians are foolishly shortsighted if they try to sidestep the Yamashita precedent of command accountability. Even though the United States has not ratified several of the laws of war, it has become extremely important that this nation observe them scrupulously since most of our coalition partners have embraced them."

Ruling points to command responsibility

http://www.oregonlive.com/news/oregonian/robert_landauer/index.ssf?/base/editorial/10858320499300.xml

in 1946 would have any validity/applicability today, if even the victors would be held to such standards in today's world? Can you just imagine how the wingnut talking heads will excuse away any culpability on the part of all high-ranking superiors of those who committed inhumane crimes on Iraqi prisoners?

Rumsfeld has no way out of this, with this ruling on the books. Neither does Bush, I would think.

does give Rummie and Coker a way out.

...Oscar