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Robert H. Jackson

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If certain acts of violation of treaties are crimes, they are crimes whether the United States does them or whether Germany does them, and we are not prepared to lay down a rule of criminal conduct against others which we would not be willing to have invoked against us.
--
International Conference on Military Trials, London, 1945, Dept. of State Pub.No. 3080 (1949), p.330.

 
Robert H. Jackson

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Torture is not tolerated by this country on the battlefield or off. Anyone who tortures or abuses a detainee tarnishes the service of every honorable student and soldier in this room today. The President has said this, and I will say it again: those who commit torture in the name of the United States government will be prosecuted. In any discussion of Guantanamo, detainees and military commissions, I think that one final fact helps put things in perspective — and that is the fact that members of al Qaeda are not merely common criminals. Some critics around the world have argued that they are “just” criminals, that their crimes somehow do not amount to war crimes. But here are the facts: al Qaeda seeks to employ weapons of mass slaughter as a means of achieving political goals against both the civilian and military capacity of the United States, Europe, and our allies throughout the world. Its members continue to fight our Armed Forces on battlefields around the world, and they will continue to do so until we stop them. Al Qaeda has committed acts on a scale that transcends mere crime, as recognized by NATO immediately after the attacks of September 11th. Their crimes are therefore nothing less than war crimes. Given the magnitude of the atrocities al Qaeda has committed, there can be no comparison between the crimes of its members and that of common civilian criminals.

 
Alberto Gonzales
 

The United States has managed to go to war for two centuries without the president authorizing and monitoring the torture of prisoners. The Bush administration's legalization of torture and withdrawal from Geneva is unique in American history. Yes, wars will lead to individuals committing war crimes in the heat of battle. Yes, it carries a horrifying logic. But an advance, pre-meditated decision by the president to engage in war crimes is new and unprecedented. Bush really is uniquely awful as a president in this respect: an indefensible war criminal, who has permanently stained the country he represents and betrayed the soldiers who expect decency and lawfulness in their commander-in-chief.

 
Andrew Sullivan
 

Esteemed chairman of the court, today we have to pass a verdict on the defendants Nicolae Ceauºescu and Elena Ceauºescu who have committed the following offenses: Crimes against the people. They carried out acts that are incompatible with human dignity and social thinking; they acted in a despotic and criminal way; they destroyed the people whose leaders they claimed to be. Because of the crimes they committed against the people, I plead, on behalf of the victims of these two tyrants, for the death sentence for the two defendants.

 
Nicolae Ceausescu
 

[Q: do you believe that a nation should suffer a detrimental cost in order to compensate for wrongs committed by the governors of that nations, or by segments of that nation in the past?] Suppose you're living under a dictatorship, and the dictators carry out some horrendous acts. So you're living in Stalinist Russia, let's say, and Stalin carries out horrible crimes. Are the people of Russia responsible for those crimes? Well, to only a very limited extent, because living under a brutal, harsh, terrorist regime, there isn't very much they can do about it. There's something they can do, and to the extent that you can do something, you're responsible for what happens. Suppose you're living in a free, democratic society, with lots of privilege, enormous, incomparable freedoms, and the government carries out violent, brutal acts. Are you responsible for it? Yeah, a lot more responsible, because there's a lot that you can do about it. If you share responsibility in criminal acts, you are liable for the consequences.

 
Noam Chomsky
 

Those who follow orders to commit such crimes will be found and they will be punished. War crimes will be prosecuted. And it will be no excuse to say, 'I was just following orders.' Any official involved in such crimes will forfeit hope of amnesty or leniency with respect to past action.

 
Donald Rumsfeld
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