When U.S. President George W. Bush arrives in Ottawa -- probably later
this year -- should he be welcomed? Or should he be charged with war
crimes? It's an interesting question. On the face of it, Bush seems a
perfect candidate for prosecution under Canada's Crimes against
Humanity and War Crimes Act. This act was passed in 2000 to bring
Canada's ineffectual laws in line with the rules of the new
International Criminal Court. While never tested, it lays out sweeping
categories under which a foreign leader like Bush could face arrest. In
particular, it holds that anyone who commits a war crime, even outside
Canada, may be prosecuted by our courts. What is a war crime? According
to the statute, it is any conduct defined as
such by "customary international law" or by conventions that Canada has
adopted. War crimes also specifically include any breach of the 1949
Geneva Conventions, such as torture, degradation, wilfully depriving
prisoners of war of their rights "to a fair and regular trial,"
launching attacks "in the knowledge that such attacks will cause
incidental loss of life or injury to civilians" and deportation of
persons from an area under occupation. Outside of one well-publicized
(and quickly squelched) attempt in Belgium, no one has tried to
formally indict Bush. But both Oxfam International and the U.S. group
Human Rights Watch have warned that some of the actions undertaken by
the U.S. and its allies, particularly in Iraq, may fall under the war
crime rubric. [more]
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