Here is an interesting piece by Chris Floyd, who is getting to be one of my favorite people, in which he points out that any contravention of the Geneva Convention opens up the perpetrator to the death penalty. This would include George Bush.
more below
President George W. Bush has granted himself the power to declare anyone on earth -- including any U.S. citizen -- an "enemy combatant," for any reason he sees fit. He can render them up for torture, he can imprison them for life, he can even have them killed, all without charges, with no burden of proof, no standards of evidence, no legislative oversight, no appeal, no judicial process whatsoever except those that he himself deigns to construct, with whatever limitations he cares to impose. Nor can he ever be prosecuted for any order he issues, however criminal; in the new American system laid out by Bush's legal minions, the Commander is sacrosanct, beyond the reach of any law or constitution.
For example, last Friday, a panel of federal judges -- including John Roberts, nominated for the Supreme Court this week -- upheld Bush's claim to dispose of "enemy combatants" any way he pleases, The Washington Post reports. In a chilling decision, the judges ruled that the Commander's arbitrarily designated "enemies" are nonpersons: Neither the Geneva Conventions nor American military and domestic law apply to such garbage. Bush is now free to subject anyone he likes to his self-concocted "military tribunal" system, a brutal sham that retired top U.S. military officials have denounced as a "kangaroo court" that tyrants around the world will cite in order to hide their oppression under U.S. precedent.
The kowtowing court ruling ignores the fact that the Geneva Conventions -- which lay down strict guidelines for the handling of any person detained by military forces, regardless of the captive's status -- have been incorporated into the U.S. legal code, Deep Blade points out. They cannot be abrogated by presidential fiat. And anyone who commits a "grave breach" of the Conventions by facilitating the killing, torture or inhuman treatment of detainees (e.g., stripping them of all legal status and subjecting them to rigged tribunals) is subject to the death penalty under U.S. law.
Apparently, no one in the Bush administration has bothered to read the laws pertaining to the Geneva Convention, not surprising since they have chosen to ignore not only the Convention, but all US laws regarding unlawful detention and torture.
This is why the Bush Faction labored so mightily to advance the absurd fiction that the Geneva Conventions are somehow voluntary -- while simultaneously promulgating the sinister Fuhrerprinzip of unlimited presidential authority. The fiction was a temporary sop to the crumbling legal form of the Republic, a cynical perversion of existing law to keep justice at bay until the Fuhrerprinzip could be firmly established as the new foundation of the state.
This article is worth a read, it also points out that the US is steadily slipping into fascist totalitarianism. Without a peep from the people who should be screaming the loudest, ie. the courts and Congress. Apparently, neither the courts or Congress are aware that "presidential Executive Orders" do not and cannot override or negate laws already in place and enacted by Congress and signed by former Presidents. Someone should tell George Bush that in this country, he cannot rule by decree. He seems to have missed this point in his history classes at Yale.