Constant's pations

If it's more than 30 minutes old, it's not news. It's a blog.

Sunday, October 29, 2006

American Civlians Suspected of Illegal Governmental Conduct, War Crimes

The Department of Justice reportedly has a civilian training program. Some in DoJ view this as an extension of DoJ power into the civilian world, using American civilians as covert spies, messengers of who is or is not complying with illegal statutes.

It's a problem when US government officials engage in rebellion; troubling when American civilians are duped into supporting a domestic insurrection against the Constitution.

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Put aside the possibility this training program is a ruse, or a method to spread distrust among civilians. Those who participate in inherent government activities, lose protections if they are falsely accused of war crimes, and abused by foreign fighters.

Once civilians participate in illegal government activities, they no longer enjoy the status as a non-combatant. Rather, they become unlawful belligerents, regardless their understanding or preparation for their Geneva responsibilities.

DoJ's policy of training civilians to carry out surreptitious domestic surveillance, and conduct illegal enforcement of unlawful statutes does have a drawback.

American government personnel enjoy qualified immunity. American civilians who support and participate in illegal government activity do not enjoy these protections.

Where there are illegal statutes, and American civilians participate in efforts to enforce these laws, they do not have legal protection. Rather, their conduct can be viewed as an inherent government act which requires full Constitutional compliance; yet, they are stripped of the immunities and privileges.

DoJ should be applauded for using creative methods to gather intelligence. The problem is when those methods are used to enforce illegal statutes.

The same Military Commissions Bill, which could be imposed and applied against DoJ Staff counsel or other US government officials, could be lawfully applied against US citizens who similarly put into effect illegal war crimes policies and plans.

We saw in Eastern Europe that outsourcing illegal conduct does not solve problems, but gives those complicit a false sense of protection. There is no statute of limitations for war crimes, even against civilians complicit in implementing illegal policies and unconstitutional programs.