Is the Bush administration guilty of war crimes?

Well, a couple of folks think the answer is yes. Who are they? Retired Gen. P.X. Kelley, who served as commandant of the Marine Corps from 1983 to 1987, and Robert F. Turner is co-founder of the University of Virginia's Center for National Security Law and a former chair of the American Bar Association's Standing Committee on Law and National Security.

In their article in the Washington Post on Thursday, July 26, 2007, they outline their reasons why, portions of which are excerpted below. It is about time that we realize where the administration is taking our nation, and it down to road to hell.

But we cannot in good conscience defend a decision that we believe has compromised our national honor and that may well promote the commission of war crimes by Americans and place at risk the welfare of captured American military forces for generations to come.

The Supreme Court held in Hamdan v. Rumsfeld last summer that all detainees captured in the war on terrorism are protected by Common Article 3 of the 1949 Geneva Conventions, which prescribes minimum standards of treatment for all persons who are no longer taking an active part in an armed conflict not of an international character. It provides that "in all circumstances" detainees are to be "treated humanely."

Last Friday, the White House issued an executive order attempting to "interpret" Common Article 3 with respect to a controversial CIA interrogation program. The order declares that the CIA program "fully complies with the obligations of the United States under Common Article 3," provided that its interrogation techniques do not violate existing federal statutes (prohibiting such things as torture, mutilation or maiming) and do not constitute "willful and outrageous acts of personal abuse done for the purpose of humiliating or degrading the individual in a manner so serious that any reasonable person, considering the circumstances, would deem the acts to be beyond the bounds of human decency."

It is firmly established in international law that treaties are to be interpreted in "good faith" in accordance with the ordinary meaning of their words and in light of their purpose. It is clear to us that the language in the executive order cannot even arguably be reconciled with America's clear duty under Common Article 3 to treat all detainees humanely and to avoid any acts of violence against their person.

To date in the war on terrorism, including the victims of the Sept. 11 attacks and all U.S. military personnel killed in action in Afghanistan and Iraq, America's losses total about 2 percent of the forces we lost in World War II and less than 7 percent of those killed in Vietnam. Yet we did not find it necessary to compromise our honor or abandon our commitment to the rule of law to defeat Nazi Germany or imperial Japan, or to resist communist aggression in Indochina. On the contrary, in Vietnam -- where we both proudly served twice -- America voluntarily extended the protections of the full Geneva Convention on prisoners of war to Viet Cong guerrillas who, like al-Qaeda, did not even arguably qualify for such protections. full article