Re: Resolutions Against The "Way Forward"
Brandon9000 wrote:I would be interested to hear under what grounds this president could be impeached according to the section of the Constitution that deals with impeachment, and even more interested to hear under what grounds he could be arrested. Presumably, he couldn't be arrested until after he had been impeached and convicted. I am pretty sure that a sitting president cannot be arrested by the police.
I am also pretty sure that a sitting president can't be arrested, although he can be the subject of a civil lawsuit (until the supreme court overturns its precedent, set during the Clinton administration, in favor of a Republican chief executive). But the laws of the United States do not constrain the police forces of other nations, and there is sufficient cause for other nations to apprehend and prosecute Bush should he enter their jurisdictions.
International law holds that nations may not wage "aggressive war." Not only is this a principle of the
jus cogens (generally accepted international law), but it is also embodied in treaties that have been entered into by the United States, including the Kellogg-Briand Pact and the Charter of the United Nations. This principle of international law received its sanction in the Nuremberg Tribunals, which held that the "planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances" constitutes a "crime against peace."
Jurisdiction to prosecute anyone guilty of a crime against peace lies in any nation -- i.e. there is worldwide jurisdiction for these crimes. Thus, someone who is responsible for the planning, preparation, initiation, or waging of a war of aggression in the United States can be arrested and prosecuted anywhere in the world (just as Serbian and Rwandan war criminals can be prosecuted in the Netherlands).
As such, if George W. Bush has committed a crime against peace by planning, preparing, initiating, and waging the war in Iraq (and, I would argue, he has), then any nation could arrest him and prosecute him. Now, practically speaking, most nations will not arrest any government leader during his term of office, but that is a policy decision, not a legal constraint. Slobodan Milosevic, remember, was indicted by the Hague war crimes tribunal while he was still president of the Yugoslav Republic. So there is no legal obstacle if a nation wanted to arrest, prosecute, and convict Bush and other members of his administration for crimes against peace.