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Norwegian expert on international criminal law says the U.S. is guilty of "war crimes

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Was tortured: An Iraqi police officer shows off the damage after he allegedly tortured in 2005. U.S. has disregarded when Iraqi forces have tortured, killed and raped, according to new Wikileaks documents. Where will it emerged that the U.S. failed to investigate hundreds of reports of abuse, torture, **** and even murder committed by Iraqi policemen and soldiers Photo: AP / SCANPIX

- Norway should demand that the U.S. is put under the charge

(Dagbladet) - Norway and other countries should demand that the United States launches an investigation and subsequent indictments and criminal cases. The scope of this makes the case to an international matter, "said Steingrimur Njálsson, an expert on international criminal law and author of the book include "Crimes against humanity".

It was yesterday that Wikileaks published 400,000 new documents, among other things, shows that the U.S. failed to investigate hundreds of cases of torture, **** and murder in Iraq.


Iraq Asks investigate assault
The latest wiki leaks have only confirmed what many have suspected and feared: the number of civilians died in Iraq since the invasion in 2003 are too high.

According to leaks to the Wkileaks number of fatalities is now up in 109,000. Of these, 63 per cent civilians.

Iraq should scrutinize the information that its forces have committed systematic torture and abuse of prisoners, now urges Human Rights Watch. They are supported by the Norwegian criminal law expert.

Njálsson points out that it already has long been known that there have been committing atrocities in Iraq since the U.S. occupied country. Already in 2004 it was known that there had been downright torture in Abu Ghraib prison in the city with the same name 32 kilometers west of Baghdad.


- Political responsibility
- The lawlessness that has been created in Iraq is a political liability. I hope Obama takes this seriously, "said Njálsson. He believes Wiki leaks shows that the U.S. has failed its responsibility as the occupying force, "said Njálsson. He believes that the United States has not respected the rules of conduct in war.

After the Second World War was created four conventions on how to behave in war - the so-called Geneva Conventions, Designed in 1949. In the Convention which deals with "protection of civilians in war," it is emphasized that an occupying power has a responsibility just to protect civilians in the occupied territory.

Read the Convention!


- The United States has the responsibility
- The latest leak reveals that the U.S. has not followed the convention, which they have signed, at this point. Everyone understands that America can not be blamed for all the car bombs that hit civilians. But just the fact that so many civilians have been forced to pay with their lives are in any case untenable, even those who fast initially supported the invasion, says criminal law expert.

If it's true that we have seen through his fingers with the Iraqi security forces have committed abuses against and even killed Iraqi prisoners, the U.S. forces responsible for war crimes, says Njálsson.

- There is no doubt that it has been committed many war crimes in Iraq. Formally and legally speaking, war crimes and breaches of the Geneva Conventions of 1949. After the United States occupied Iraq in 2003, a fairly easy victory for super power, it was America's responsibility to ensure that civilians were protected, "said Njálsson.


- Grove war crimes
The International Criminal Court in The Hague, (ICC), whose task is to judge people for 1) genocide, 2) crimes against humanity and / or 3) war crimes.

- There is no doubt that this has happened, "war crimes" in Iraq. Had this happened anywhere else on the planet, with another State as the responsible occupier, many Western countries shouted loudly that justice had to justice, and that those responsible should be tried in The Hague, says Njálsson.


Does not accept international law
The ICC can only prosecute individuals who are nationals of states that have approved the tribunal. States' sovereignty, it is obvious that prevented the ICC jurisdiction to be serious international crimes anywhere in the world. So far, 113 of the world's 192 countries approved the court and its authority.

- An opportunity for the ICC to indict the suspects when not tihører "friendly" states, the UN Security Council over running the state's sovereignty. But since the U.S. is one of the five permanent members of the Security Council, know all that it will not happen - as long as the Security Council is controlled by the victorious powers after World War II, said Njálsson.


- Norway has a responsibility
The ICC Statute states that the court should take up a case only if a responsible government is not able, or not showing willingness to deal with criminals.

- If the U.S. itself initiate comprehensive investigations and proceedings, the ICC makes redundant. But unfortunately. U.S. has probably no honorable tradition of judging their own war criminals. It does not mean that states who believe they are concerned about violations of international human rights, such as Norway, have an excuse to let Wiki leaks bypass in silence, says Njálsson.
 
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