A SOLDIER'S PERSPECTIVE
THE WEB'S LEADING MILITARY BLOG SINCE 2004
Rummy facing charges? Here are the highlights from the Time article.
Just days after his resignation, Defense Secretary Donald Rumsfeld is about to face more repercussions for his involvement in the troubled wars in Iraq and Afghanistan. New legal documents, to be filed next week with Germany’s top prosecutor, will seek a criminal investigation and prosecution of Rumsfeld, along with Attorney General Alberto Gonzales, former CIA director George Tenet and other senior U.S. civilian and military officers, for their alleged roles in abuses committed at Iraq’s Abu Ghraib prison and at the U.S. detention facility at Guantanamo Bay, Cuba.
The plaintiffs in the case include 11 Iraqis who were prisoners at Abu Ghraib, as well as Mohammad al-Qahtani, a Saudi held at Guantanamo, whom the U.S. has identified as the so-called “20th hijacker” and a would-be participant in the 9/11 hijackings. As TIME first reported in June 2005, Qahtani underwent a “special interrogation plan,” personally approved by Rumsfeld, which the U.S. says produced valuable intelligence. But to obtain it, according to the log of his interrogation and government reports, Qahtani was subjected to forced nudity, sexual humiliation, religious humiliation, prolonged stress positions, sleep deprivation and other controversial interrogation techniques.
Is it just me or are none of the plaintiffs Germans? How can they go run to the Germans and get charges filed against American citizens? I obviously need some schooling in international law.
Lawyers for the plaintiffs say that one of the witnesses who will testify on their behalf is former Brig. Gen. Janis Karpinski, the one-time commander of all U.S. military prisons in Iraq. Karpinski — who the lawyers say will be in Germany next week to publicly address her accusations in the case — has issued a written statement to accompany the legal filing, which says, in part: “It was clear the knowledge and responsibility [for what happened at Abu Ghraib] goes all the way to the top of the chain of command to the Secretary of Defense Donald Rumsfeld .”
I don’t know what to think about Karpinski. I can’t decide if she is pissed she got reduced and wants to take others down with her or if she just wants a few more minutes of fame. I would like to think that Rumsfield, Gonzales, and Tenet aren’t involved like she claims. CJ, is she still in the Army or did they ask her to retire?
Along with Rumsfeld, Gonzales and Tenet, the other defendants in the case are Undersecretary of Defense for Intelligence Stephen Cambone; former assistant attorney general Jay Bybee; former deputy assisant attorney general John Yoo; General Counsel for the Department of Defense William James Haynes II; and David S. Addington, Vice President Dick Cheney’s chief of staff. Senior military officers named in the filing are General Ricardo Sanchez, the former top Army official in Iraq; Gen. Geoffrey Miller, the former commander of Guantanamo; senior Iraq commander, Major General Walter Wojdakowski; and Col. Thomas Pappas, the one-time head of military intelligence at Abu Ghraib.
Quite a list of people being charged. I still ask how this can be filed in Germany.
Germany was chosen for the court filing because German law provides “universal jurisdiction” allowing for the prosecution of war crimes and related offenses that take place anywhere in the world.
That explains it.
Indeed, a similar, but narrower, legal action was brought in Germany in 2004, which also sought the prosecution of Rumsfeld. The case provoked an angry response from Pentagon, and Rumsfeld himself was reportedly upset. Rumsfeld’s spokesman at the time, Lawrence DiRita, called the case a “a big, big problem.” U.S. officials made clear the case could adversely impact U.S.-Germany relations…
I suggest that route is taken again. I find it absurd that German law would even allow this.
Read the rest of the article. There is more that is worth reading.



Terri
Cpl M, once again you took the words right out of my mouth!
mudkitty
Not in this country, and not for years. Henny Penny.
mudkitty
On the other hand, you’re not suggesting that Rummy should be above the long arm of the law, are you?
Cpl M
I don’t see that anyone has committed any crime.
MissBirdlegs in AL
I agree, Cpl M – I don’t see a crime, either. With the new “bipartisan” (blech!) Congress we have, all the rats think they’ve got it made in the shade when it comes to our country, and will be trying any and everything. I’m afraid we’ll all pay big time for this last election.
Donna
Cpl M,
I agree with you. Is that legal to prosecute our citizens under German law?! Sounds awful to me! What is this world coming to. Talking about one world government Yikes!!
CJ
Let me get this straight: Germans are suing Americans for what happened to Arabs in Cuba?! Is this going to be tried on Judge Judy?
Freeborn
More of the same bs from the left and their accomplices foreign and domestic. Nothing will come of it because we live in the land of the brave and the free. No such baloney as this will grow any legs at all. You’ll see!!
Miss Ladybug
I read about this yesterday at Michelle Maklin: http://michellemalkin.com/archives/006342.htm. She addresses the fact that the people filing the sue aren’t Germans, but people that were in American custody, and they were just court-shopping when they picked Germany as a place to file the suit. I’m disgusted. And people wonder why we want nothing to do with signing onto the International Criminal Court??
Donna
Thanks Mrs. Birdlegs for the link. Michelle said that the case hasn’t even been filed yet but that the Times ran the article anyway.
Josh
“I find it absurd that German law would even allow this.”
German law allows it that anybody can go to the prosecutor and say: “I would like that abc will be charged.”
We live in a free country…
The prosecutor dismissed a similar case in 2004 and is likely to dismiss this one.
Apparently “America’s Alien Torts Act can, in some respects, be compared with Germany’s notion of ‘universal jurisdiction’. ”
More in The Atlantic Review, which is edited by three German Fulbright Alumni.
Donna
I need to thank Miss Ladybug for the link to Michelle Malkin’s site. Sorry about that, I don’t know where my mind was??!
Chad
I studies international law last semester (so I am an expert, right?).
The EU and United Nations which I believe this suit though filed in Germany falls under EU law, as so screwed up, I won’t even go into the details. International law is so messed up. Needless to say, I am glad I am here and not planning on EVER leaving this country.