Legality of the Uday/Qusay hit

http://www.icrc.org/


html: http://216.109.117.135/search/cache?p=the+four+protocols+international&ei=UTF-8&vm=i&n=20&fl=0&url=IH7EkeGdnXIJ:www.icrc.org/Web/eng/siteeng0.nsf/0/707D6551B17F0910C1256B66005B30B3/$File/What_is_IHL.pdf%3fOpenElement

International humanitarian protocols.

Was it legal? Probably not. Does it matter? Immediately? No. Long term? Probably.

"If" they were the barbaric murderers Bush made them into, then they should have had a trial.

Not capturing and trying them, and murdering them instead, lends no credibility to Bush's continued occupation of Iraq.

Nuremberg and Geneva conventions require this, but since the U.S. will not sign onto the Interantional Criminal Court, Bush may not agree. Though Under the Hague Conventions, they should have been captures and brought to trial in the Hague.

They were not tought very highly of by Amnesty International though, and they had more than enough bad Karma to catch up to them for a bunch of lifetimes.

Soon after the attempted assassination of 'Uday Saddam Hussain in December 1996 and the mass arrests that ensued, Salah Mahdi, a 35-year-old traffic warden in al-Mansur married with three children, was arrested. He was accused of neglect because he did not notice the car the assailants used. He was held in the Special Security building and was severely tortured. He died reportedly as a result of torture in around June 1997. His family were told that he had died but the body was never returned to them for burial despite their repeated requests and to date his burial place reportedly remains unknown to the family.

A number of former Iraqi political detainees were forced to undergo surgery to have a leg or arm amputated because they had been tortured for long periods of time and had developed gangrene for which they did not receive medical treatment (see photos on page 11). They had no choice but to sign statements in hospitals to the effect that it was their sole decision to have the amputation carried out.

In 1994 Iraq, through a series of decrees issued by the RCC, introduced judicial punishment amounting to torture or to cruel, inhuman or degrading punishments for at least 30 criminal offences, including theft in certain circumstances, monopolizing rationed goods, defaulting or deserting from military service and performing plastic surgery on an amputated arm or leg. The punishments consisted of the amputation of the right hand for a first offence, and of the left foot for a second offence, or the severance of one or both ears. People convicted under these decrees were also branded with an ''X'' mark on the forehead.(21) The Iraqi Government argued that the introduction of these severe punishments were in response to the rising crime rate resulting from worsening economic conditions. The punishment of amputation of the auricle of the ears and the branding of the foreheads of army deserters, draft evaders or persons providing them with shelter or protection were suspended in 1996 by the Iraqi Government, through RCC Decree 81/96.

Until 1996 Amnesty International had received reports of hundreds of individuals who had been subjected to such punishments. For example, at the end of 1996 'Abd al-Nafi' Mohammad (family name not known), single and originally from Tal 'Afar town, north of Baghdad, a member of the security staff at the headquarters of Iraq's National Olympic Committee, headed by 'Uday Saddam Hussain, had his right hand amputated in front of many staff members following an order from 'Uday Saddam Hussain. The reason was that some sports equipments were stolen from a warehouse and he was accused of being responsible since he was on duty as security guard outside the building. Despite his repeated plea of innocence the amputation was carried out without trial. Three weeks later it turned out that the equipment had not been stolen and was found in another warehouse. 'Uday Saddam Hussain reportedly ordered a compensation of 500,000 Iraqi Dinars (around $ 300) for 'Abd al-Nafi' Mohammad.

Amputations were very often publicized in Iraqi media outlets. However, since the end of 1996 following international condemnation of these punishments, reports of amputations being carried out in Iraq have rarely been publicized in Iraq. In August 1998 six members of the Feda'yi Saddam (Saddam's Fighters) reportedly had their hands amputated by order of 'Uday Saddam Hussain. They were said to have been accused of theft and extortion from travellers in the southern city of Basra.

Amnesty International had publically called on the Iraqi Government to abolish the penalties of amputation and branding and to provide compensation for all victims, or for families of victims. In November 1997 the UN Human Rights Committee expressed deep concern that Iraq ''has resorted to the imposition of cruel, inhuman and degrading punishments, such as amputation and branding, which are incompatible with Article 7 of the Covenant '' and urged that such punishments be ceased immediately.(22) The Committee recommended that ''a thorough review of existing temporary laws and decrees be undertaken with a view to ensuring their compliance with the provisions of the Covenant''.(23)

http://web.amnesty.org/library/Index/engMDE140101999?OpenDocument&of=COUNTRIES%5CIRAQ?OpenDocument&of=COUNTRIES%5CIRAQ

His fear is understandable. This building was equipped with torture contraptions that included a sarcophagus, with long nails pointing inward from every surface, including the lid, so victims could be punctured and suffocated.

Another device, witnesses said, was a metal framework designed to clamp over a prisoner's body, with footrests at the bottom, rings at the shoulders and attachment points for power cables, so the victim could be hoisted and subjected to electric shocks.

After the Olympic building burned, reporters visiting the ruins found the sarcophagus with nails abandoned out back, as if dragged there by the looters who emptied the building of its furniture before it burned.

The metal framework used for administering electric shocks turned up two weeks later at Al Hekmah mosque in Saddam City, the Baghdad neighborhood now renamed Al-Sadr City, where Muslim clerics said it had been taken by looters who had removed it from the Olympic building. The framework is now a display item at the mosque, symbolizing the repression of Iraqi Shiites by Saddam Husse

http://web.amnesty.org/library/Index/engMDE140101999?OpenDocument&of=COUNTRIES%5CIRAQ?OpenDocument&of=COUNTRIES%5CIRAQ

Extrajudicial executions
In October dozens of women accused of prostitution were beheaded without any judicial process in Baghdad and other cities. Men suspected of procurement were also beheaded. The killings were reportedly carried out in the presence of representatives of the Ba'ath Party and the Iraqi Women's General Union. Members of Feda'iyye Saddam, a militia created in 1994 by 'Uday Saddam Hussain, used swords to execute the victims in front of their homes. Some victims were reportedly killed for political reasons.

Dr Najat Mohammad Haydar, an obstetrician in Baghdad, was beheaded in October after being accused of prostitution. However, she was reportedly arrested before the introduction of the policy to behead prostitutes and was said to have been critical of corruption within the health services.
In October several women were beheaded in Mosul in northern Iraq. They included Fatima 'Abdallah 'Abd al-Rahman, Shadya Shaker Mahmoud and Iman Qassem Ahmad.


http://web.amnesty.org/library/Index/engMDE140101999?OpenDocument&of=COUNTRIES%5CIRAQ?OpenDocument&of=COUNTRIES%5CIRAQ

Until 1996 Amnesty International had received reports of hundreds of individuals who had been subjected to such punishments. For example, at the end of 1996 'Abd al-Nafi' Mohammad (family name not known), single and originally from Tal 'Afar town, north of Baghdad, a member of the security staff at the headquarters of Iraq's National Olympic Committee, headed by 'Uday Saddam Hussain, had his right hand amputated in front of many staff members following an order from 'Uday Saddam Hussain. The reason was that some sports equipments were stolen from a warehouse and he was accused of being responsible since he was on duty as security guard outside the building. Despite his repeated plea of innocence the amputation was carried out without trial. Three weeks later it turned out that the equipment had not been stolen and was found in another warehouse. 'Uday Saddam Hussain reportedly ordered a compensation of 500,000 Iraqi Dinars (around $ 300) for 'Abd al-Nafi' Mohammad.

Amputations were very often publicized in Iraqi media outlets. However, since the end of 1996 following international condemnation of these punishments, reports of amputations being carried out in Iraq have rarely been publicized in Iraq. In August 1998 six members of the Feda'yi Saddam (Saddam's Fighters) reportedly had their hands amputated by order of 'Uday Saddam Hussain. They were said to have been accused of theft and extortion from travellers in the southern city of Basra.

Amnesty International had publically called on the Iraqi Government to abolish the penalties of amputation and branding and to provide compensation for all victims, or for families of victims. In November 1997 the UN Human Rights Committee expressed deep concern that Iraq ''has resorted to the imposition of cruel, inhuman and degrading punishments, such as amputation and branding, which are incompatible with Article 7 of the Covenant '' and urged that such punishments be ceased immediately.(22) The Committee recommended that ''a thorough review of existing temporary laws and decrees be undertaken with a view to ensuring their compliance with the provisions of the Covenant''.(23)

http://web.amnesty.org/library/index/ENGMDE140101999


Salah Mahdi, a 35-year-old traffic warden in al-Mansur district in Baghdad, married with three children, was arrested together with scores of people following the attempted assassination of 'Uday Saddam Hussain, the eldest son of the President, in December 1996. He was accused of neglect because he did not notice the car the assailants used. He was held in the Special Security building and was severely tortured. He died, reportedly as a result of torture, in around June 1997. His family was told that he had died but the body was never returned to them for burial despite their repeated requests and to date his burial place reportedly remains unknown to the family.

'Abd al-Wahad al-Rifa'i, a 58-year retired teacher, who was executed by hanging after he had been held in prison without charge or trial for more than two years. On 26 March 2001 his family in Baghdad collected his body from the Baghdad Security Headquarters. The body reportedly bore clear marks of torture including the pulling out of toe-nails and swelling on his right eye. 'Abd Wahad al-Rifa'i, married with nine children, was arrested on 8 March 1999. Initially he was held in the headquarters of the General Security Directorate in Baghdad then transferred to the Baghdad Security Headquarters. He was believed to have been arrested because the authorities suspected that he was in contact with the Iraqi opposition abroad through his brother, 'Abd al-Rahim al-Rifa'i, an active anti-government opponent living in Europe. 'Abd al- Wahad al-Rifa'i's wife and children have reportedly had their food ration card withdrawn from them as a punishment and the authorities also stopped pension payments which 'Abd al- Wahad was receiving before his execution.

Hundreds of army and security officers have been arrested in recent years and many have been executed. Charges against them have included plotting to overthrow the government or having contacts with the opposition abroad. Many were subjected to torture. A former Iraqi General Intelligence officer C (name withheld) told Amnesty International that he was arrested in mid- 1990s on suspicion of having contacts with the opposition. He was held in solitary confinement for two years at the headquarters of the General Intelligence in al-Hakimiya in Baghdad. During the two years of detention he endured prolonged and repeated torture in the interrogation room. He was left suspended for long hours from a horizontal rod. His hands and feet were tied behind his back and was suspended from the upper arms. He was also beaten with a cable on different parts of the body, especially on the back of his head. Electric shocks were applied to various parts of the body and a wooden stick was inserted into his anus. He was held in solitary confinement all this time. The cell he was held in was painted entirely in red, including the ceiling, the floor and the doors. The light was red too. It is often referred to as the ''red room'' by former torture victims. He was released at the end of 1997. However he was rearrested again two years later also on suspicion of establishing contacts with the opposition and was held in the same detention centre. He was subjected to the same forms of torture as described above. C has now been left with permanent physical damage.

A number of former Iraqi political detainees were forced to undergo surgery to have a leg or arm amputated because they had been tortured for long periods of time and had developed gangrene for which they did not receive medical treatment. They had no choice but to sign statements in hospitals to the effect that it was solely their decision to have the amputation carried out.

http://web.amnesty.org/library/index/ENGMDE140082001


Those poor boys. And they had just been awarded the Reinhard Heydrich Award for their selfless devotion to humanitarian causes.

I guess it is true, no good deed goes unpunished.



Unrelated, there was just a shooting on the Mall in DC, and the gunman has not been caught.

And Bush's karma says he ignores international law, murders and tortures his enemies, invades other countries to annex their natural resources, and loots the treasury of his own country to reward his rich friends with bribes for supporting him.

Amnesty International doesn't think too damn much of the United States, either.

http://web.amnesty.org/library/eng-usa/index

23/07/2003 Iraq: Continuing failure to uphold human rights (NEWS)
MDE 14/159/2003
16/07/2003 America: Incommunicado detention / Fear of ill-treatment, Adil al-Jazeeri (URGENT ACTIONS)
AMR 51/103/2003
04/07/2003 USA: Six named under Military Order: Another backward step for human rights (NEWS)
AMR 51/096/2003
01/07/2003 International Criminal Court: US campaign fails to derail new system of international justice (NEWS)
POL 30/007/2003
30/06/2003 Iraq: The US must ensure humane treatment and access to justice for Iraqi detainees (NEWS)
MDE 14/142/2003
26/06/2003 USA: Incommunicado detention / Fear of ill-treatment / Legal concern (URGENT ACTIONS)
AMR 51/093/2003
25/06/2003 USA/Malawi: Another unlawful transfer to US custody? (NEWS)
AMR 51/092/2003
20/06/2003 Iraq: On whose behalf? Human rights and the economic reconstruction process in Iraq (REPORTS)
MDE 14/128/2003
20/06/2003 Iraq: Human rights must be foundation for rebuilding (NEWS)
MDE 14/136/2003
19/06/2003 Nicaragua: Legal concern/Impunity, USA (URGENT ACTIONS)
AMR 43/001/2003
13/06/2003 USA: Should demonstrate its commitment to Inter-American human rights body (NEWS)
AMR 51/089/2003
12/06/2003 Uganda: President Museveni should reject US impunity agreement (NEWS)
AFR 59/007/2003
12/06/2003 Thailand: US impunity agreement should not have been signed (NEWS)
ASA 39/006/2003
11/06/2003 USA: Incommunicado detention/detention without charge/legal Concern Jose Padilla (also known as Abdullah Al Mujahir) (m) (URGENT ACTIONS)
AMR 51/084/2003
11/06/2003 Zambia: Open letter to the Minister of Foreign Affairs urging rejection of the impunity agreement with the USA concerning the International Criminal Court. (REPORTS)
AFR 63/001/2003
09/06/2003 USA (Virginia): Death penalty - Bobby Wayne Swisher. (URGENT ACTIONS)
AMR 51/083/2003
02/07/2003 USA (Virginia): Further Information on: Death penalty - Bobby Wayne Swisher. (URGENT ACTIONS)
AMR 51/095/2003
09/06/2003 USA: One year in detention without charge (NEWS)
AMR 51/085/2003
06/06/2003 UN Security Council: Open meeting needs to take place before decision on US impunity resolution (NEWS)
IOR 41/017/2003
05/06/2003 Serbia and Montenegro: Open letter to the President of Serbia and Montenegro urging rejection of the impunity agreement with the USA concerning the International Criminal Court. (REPORTS)
EUR 70/016/2003
05/06/2003 United States of America (Texas): Death penalty / Legal concern, Kia Levoy Johnson (URGENT ACTIONS)
AMR 51/082/2003
13/06/2003 United States of America (Texas): Further information on Death penalty / Legal concern, Kia Levoy Johnson (URGENT ACTIONS)
AMR 51/088/2003
05/06/2003 Bosnia-Herzegovina: Open letter to all members of parliament urging rejection of bi-lateral agreement with the USA concerning the International Criminal Court. (REPORTS)
EUR 63/012/2003
05/06/2003 Slovenia: Open letter to the Prime Minister of Slovenia urging rejection of the impunity agreement with the USA concerning the International Criminal Court. (REPORTS)
EUR 68/004/2003
05/06/2003 Bhutan: Open letter regarding bi-lateral agreement with the USA concerning the International Criminal Court. (REPORTS)
ASA 14/001/2003
04/06/2003 United States of America: Not in the jury's name: the imminent execution of Abu-Ali Abdur' Rahman. (REPORTS)
AMR 51/075/2003
04/06/2003 United States of America: Death penalty, Joseph L. Trueblood (URGENT ACTIONS)
AMR 51/080/2003
13/06/2003 United States of America: Further information on Death penalty, Joseph L. Trueblood (URGENT ACTIONS)
AMR 51/087/2003
04/06/2003 USA: Not in the jury's name - Abu-Ali Abdur?Rahman set for execution (NEWS)
AMR 51/081/2003
04/06/2003 USA: Watchdog agency finds post 911 detainees were deprived of rights (NEWS)
AMR 51/079/2003

You lost me at "karma."

we shot back. legal anywhere in the world. now it was stupid to shoot back, because they would have been very valuable intelligence assets if taken alive. but it was not illegal. frankly, i'm a lot more worried about the legality of the war overall than the legality of shooting those two particular thugs.

If Bush hadn't masturbated us with war porn into screwing Iraq, no one would have been in a position to be shooting at anyone else.

This is meant to distract us from seeing what's going on with Bush's deception leading up to the invasion, and along with that, his deception on everything else.

Bush is criminally liable for the lies he told sending our soldiers to die in Iraq, and he pulled the "number 2 and 3" cards out when he got in hot water, just like he pulled the "number 2" al qaeda guy out in Pakistan a few months ago when he needed a distraction on something else.

The "they were shooting at us" doesn't hold water.

In theory, pursuing with intent to kill violates a long-standing policy banning political assassination.

on edit: changed the link because I realized I'd linked to a dupe originally.