United States war crimes
||This article is incomplete. (February 2011)|
The armed forces of the United States of America have committed war crimes throughout every war they had been involved in. Most - but not all - contemporary war crimes are defined by the International Criminal Court (ICC), the Geneva Conventions, and the associated laws of war under international law. War crimes can be prosecuted through the War Crimes Act of 1996 in the United States, but the US government does not accept the jurisdiction of the ICC over its military forces. United States violations of the laws of war falling under the rubric of jus in bello are discussed in the present article, while US violations of jus ad bellum, such as crimes against peace or wars of aggression under the Nuremberg Principles, are discussed elsewhere[where?].
The Committee on the Philippines was a standing committee of the United States Senate from 1899 to 1921. The committee was established by Senate resolution on 15 December 1899, to oversee administration of the Philippines, which Spain had ceded to the United States as part of the settlement of the Spanish-American War. The committee was established by Senate resolution on 15 December 1899, even though the treaty of 10 December 1899 had not yet been ratified. In 1921, the Committee was terminated and jurisdiction over legislative matters concerning the Philippines was transferred to the newly created Committee on Territories and Insular Possessions.
World War II
Air raids on civilian population
During World War II, both Axis and Allied aerial forces conducted air raids on civilian populations in Europe and over Japan. These actions have been (retrospectively) called crimes by some historians. At a conference of top Nazi leaders in Klessheim on 6 June 1944, the German Minister of Foreign Affairs Joachim von Ribbentrop tried to introduce a resolution to define air raids on civilians as acts of terror, but his motion was rejected, for the bombing of cities prior to invasion was an integral part of Nazi Germany's Blitzkrieg concept since the beginning of World War II.
Bombing of Hiroshima and Nagasaki
In 1963, the atomic bombings of Hiroshima and Nagasaki were the subject of a judicial review in Ryuichi Shimoda et al. v. The State. In this case, the District Court of Tokyo declined to rule on the legality of nuclear weapons in general, but found that "the attacks upon Hiroshima and Nagasaki caused such severe and indiscriminate suffering that they did violate the most basic legal principles governing the conduct of war." In the opinion of the court, the act of dropping an atomic bomb on cities was then governed by international law found in the Hague Regulations on Land Warfare of 1907 and the Hague Draft Rules of Air Warfare of 1922–1923 and was, therefore, illegal. Francisco Gómez points out, in an article published in the International Review of the Red Cross, that with respect to the "anti-city" or "blitz" strategy, "in examining these events in the light of international humanitarian law, it should be borne in mind that during the Second World War there was no agreement, treaty, convention or any other instrument governing the protection of the civilian population or civilian property." The possibility that attacks like the Hiroshima and Nagasaki bombings could be considered war crimes is one of the reasons given by George W. Bush's U.N. Ambassador John R. Bolton for the United States not agreeing to be bound by the Rome Statute of the International Criminal Court while he was Undersecretary of State for Arms Control and International Security. It is noteworthy, however, that they would not in any case be prosecutable, due to their having occurred prior to the ratification of the treaty.
Prisoners of war
The "Canicattì massacre" involved the killing of Italian civilians by Lieutenant Colonel Herbert McCaffrey. A confidential inquiry was made, but McCaffrey was never charged with an offense relating to the massacre. He died in 1954. This fact remained virtually unknown in the U.S.A until 2005, when Joseph S. Salemi of New York University, whose father witnessed it, reported it.
"Operation Teardrop" involved eight surviving captured crewmen from the sunken German submarine U-546 being tortured by US military personnel. Historian Philip K. Lundeberg has written that the beating and torture of U-546's survivors was a singular atrocity motivated by the interrogators' need to quickly get information on what the US believed were potential missile attacks on the continental US by German submarines.
In the aftermath of the 1944 Malmedy massacre, in which 80 unarmed US military personnel were murdered by their German captors, a written order from Headquarters of the 328th US Army Infantry Regiment, dated 21 December 1944, stated: "No SS troops or paratroopers will be taken prisoner but [rather they] will be shot on sight." Major-General Raymond Hufft (U.S. Army) gave instructions to his troops not to take prisoners when they crossed the Rhine in 1945. "After the war, when he reflected on the war crimes he authorized, he admitted, 'if the Germans had won, I would have been on trial at Nuremberg instead of them.'" Stephen Ambrose related: "I've interviewed well over 1000 combat veterans. Only one of them said he shot a prisoner... Perhaps as many as one-third of the veterans...however, related incidents in which they saw other GIs shooting unarmed German prisoners who had their hands up."
Historian Peter Lieb has found that many US and Canadian units were ordered to not take enemy prisoners during the D-Day landings in Normandy. If this view is correct, it may explain the fate of 64 German prisoners (out of the 130 captured) who did not make it to the POW collecting point on Omaha Beach on the day of landings.
According to an article in Der Spiegel by Klaus Wiegrefe, many personal memoirs of Allied soldiers have been willfully ignored by historians until now because they were at odds with the "Greatest Generation" mythology surrounding World War II. However, this has recently started to change, with books such as "The Day of Battle", by Rick Atkinson, where he describes Allied war crimes in Italy, and "D-Day: The Battle for Normandy," by Antony Beevor. Beevor's latest work is currently discussed by scholars, and should some of them be proven right, it suggests that Allied war crimes in Normandy were much more extensive "than was previously realized".
American soldiers in the Pacific sometimes deliberately killed Japanese soldiers who had surrendered, according to Richard Aldrich (Professor of History at Nottingham University). Aldrich published a study of diaries kept by United States and Australian soldiers, wherein it was stated that they sometimes massacred prisoners of war. According to John Dower, in "many instances ... Japanese who did become prisoners were killed on the spot or en route to prison compounds." According to Professor Aldrich, it was common practice for U.S. troops not to take prisoners. His analysis is supported by British historian Niall Ferguson, who also says that, in 1943, "a secret [U.S.] intelligence report noted that only the promise of ice cream and three days leave would ... induce American troops not to kill surrendering Japanese."
Ferguson states such practices played a role in the ratio of Japanese prisoners to dead being 1:100 in late 1944. That same year, efforts were taken by Allied high commanders to suppress "take no prisoners" attitudes among their own personnel (as these were affecting intelligence gathering), and to encourage Japanese soldiers to surrender. Ferguson adds that measures by Allied commanders to improve the ratio of Japanese prisoners to Japanese dead resulted in it reaching 1:7, by mid-1945. Nevertheless, "taking no prisoners" was still "standard practice" among U. S. troops at the Battle of Okinawa, in April–June 1945.
Ulrich Straus, a U.S. Japanologist, suggests that troops on the front line intensely hated Japanese military personnel and were "not easily persuaded" to take or protect prisoners, as they believed that Allied personnel who surrendered got "no mercy" from the Japanese. Allied soldiers believed that Japanese soldiers were inclined to feign surrender in order to make surprise attacks. Therefore, according to Straus, "Senior officers opposed the taking of prisoners on the grounds that it needlessly exposed American troops to risks ..." When prisoners nevertheless were taken at Gualdacanal, Army interrogator Captain Burden noted that many times POW's were shot during transport because "it was too much bother to take [them] in".
Ferguson suggests that "it was not only the fear of disciplinary action or of dishonor that deterred German and Japanese soldiers from surrendering. More important for most soldiers was the perception that prisoners would be killed by the enemy anyway, and so one might as well fight on."
U. S. historian James J. Weingartner attributes the very low number of Japanese in U.S. prisoner of war compounds to two important factors, namely (1) a Japanese reluctance to surrender, and (2) a widespread American "conviction that the Japanese were 'animals' or 'subhuman' and unworthy of the normal treatment accorded to prisoners of war. The latter reason is supported by Ferguson, who says that "Allied troops often saw the Japanese in the same way that Germans regarded Russians — as Untermenschen" (i.e. "subhuman").
Based on several years of research, Okinawan historian Oshiro Masayasu (former director of the Okinawa Prefectural Historical Archives) writes:
- Soon after the U.S. Marines landed, all the women of a village on Motobu Peninsula fell into the hands of American soldiers. At the time, there were only women, children, and old people in the village, as all the young men had been mobilized for the war. Soon after landing, the Marines "mopped up" the entire village, but found no signs of Japanese forces. Taking advantage of the situation, they started "hunting for women" in broad daylight, and women who were hiding in the village or nearby air raid shelters were dragged out one after another.
However, many other authors have noted that Japanese civilians "were often surprised at the comparatively humane treatment they received from the American enemy." According to Islands of Discontent: Okinawan Responses to Japanese and American Power by Mark Selden, the Americans "did not pursue a policy of torture, rape, and murder of civilians as Japanese military officials had warned."
Secret wartime files made public only in 2006 reveal that American GIs committed 400 sexual offences in Europe, including 126 rapes in England, between 1942 and 1945. A study by Robert J. Lilly estimates that a total of 14,000 civilian women in England, France and Germany were raped by American GIs during World War II. It is estimated that there were around 3,500 rapes by American servicemen in France between June 1944 and the end of the war and one historian has claimed that sexual violence against women in liberated France was common.
No Gun Ri Massacre
The No Gun Ri Massacre refers to an incident of mass killing of undetermined numbers of South Korean refugees conducted by U.S. Army forces of the 7th Cavalry Regiment (and in a U.S. air attack) between 26 July and 29 July 1950 at a railroad bridge near the village of No Gun Ri, 100 miles (160 km) southeast of Seoul. In 2005, the South Korean government certified the names of 163 dead or missing (mostly women, children and old men) and 55 wounded. It said many other victims' names were not reported. Over the years survivors' estimates of the dead have ranged from 300 to 500. This episode early in the Korean War gained widespread attention when the Associated Press (AP) published a series of articles in 1999 that subsequently won a Pulitzer Prize for investigative reporting.
The Vietnam War Crimes Working Group Files is a collection of (formerly secret) documents compiled by Pentagon investigators in the early 1970s, confirming that atrocities by U.S. forces during the Vietnam War were more extensive than had been officially acknowledged. The documents are housed by the United States National Archives and Records Administration, and detail 320 alleged incidents that were substantiated by United States Army investigators (not including the 1968 My Lai Massacre). (See also Winter Soldier Investigation).
My Lai Massacre
The My Lai Massacre was the mass murder of 347 to 504 unarmed citizens in South Vietnam, almost entirely civilians, most of them women and children, conducted by U.S. Army forces on 16 March 1968. Some of the victims were raped, beaten, tortured, or maimed, and some of the bodies were found mutilated. The massacre took place in the hamlets of Mỹ Lai and My Khe of Sơn Mỹ village during the Vietnam War. Of the 26 US soldiers initially charged with criminal offenses or war crimes for actions at My Lai, only William Calley was convicted. Calley only served 3 years & a half in 'House Arrest' instead. The incident prompted widespread outrage around the world, and reduced US domestic support for the Vietnam War. Three American Servicemen (Hugh Thompson, Jr., Glenn Andreotta, and Lawrence Colburn), who made an effort to halt the massacre and protect the wounded, were sharply criticized by U.S. Congressmen, and received hate mail, death threats, and mutilated animals on their doorsteps. Thirty years after the event their efforts were honored.
A panel of legal and political activists calling themselves the International Tribunal of Conscience in Support of the Vietnamese Victims of Agent Orange formed in France have claimed that the use of Agent Orange during Operation Ranch Hand during the Vietnam War was a violation of laws regarding the use of chemical weapons in the 1907 Hague Convention, the 1927 Geneva Convention, and the 1949 Geneva Convention. In 2005 a suit filed against the United States and several companies who produced Agent Orange was rejected by a United States District Court in Brooklyn. The court found that "No treaty or agreement, express or implied, of the United States, operated to make use of herbicides in Vietnam a violation of the laws of war or any other form of international law until at the earliest April of 1975." In 2007 the 2nd U.S. Circuit Court of Appeals sided with the Court in Brooklyn saying that "Agent Orange and similar U.S. herbicides cannot be considered poisons banned under international rules of war" and that the lack of large-scale research made it impossible to show what caused illnesses.
Amnesty International has condemned the 1999 NATO bombing of Yugoslavia, which they confirm killed 400 civilians (some sources place this figure at over 1,000 or as high as 5,000) in what it claims were violations of international law and war crimes, due to deliberate targeting of civilian infrastructure and indiscriminate attacks, with lack of precautionary measures taken to prevent civilian casualties
Human Rights Watch documented approximately 500 civilian deaths as a result of the NATO bombing campaign. They reported "no evidence of war crimes" but cited violations of international humanitarian law.
The International Criminal Tribunal for the former Yugoslavia reviewed these events, including HRW's report, as well as that alleged by the Federal Republic of Yugoslavia. It concluded "either the law is not sufficiently clear or investigations are unlikely to result in the acquisition of sufficient evidence."
War on Terror
As a reaction to the September 11, 2001 attacks the U.S. Government adopted several controversial measures (e.g., invading Iraq, applying "unlawful combatant" status to prisoners, conducting extraordinary renditions, enhanced interrogation methods, kill list and Drone attacks in Pakistan).
Human Rights Watch had claimed in 2005 that the principle of "command responsibility" could make high-ranking officials within the Bush administration guilty of war crimes allegedly committed during the War on Terror, either with their knowledge or by persons under their control.
A presidential memorandum of September 7, 2002 authorized U.S. interrogators of prisoners captured in Afghanistan to deny the prisoners basic protections required by the Geneva Conventions, and thus according to Jordan J. Paust, professor of law and formerly a member of the faculty of the Judge Advocate General's School, "necessarily authorized and ordered violations of the Geneva Conventions, which are war crimes." Based on the president's memorandum, U.S. personnel carried out cruel and inhumane treatment on the prisoners, which necessarily means that the president's memorandum was a plan to violate the Geneva Convention, and such a plan constitutes a war crime under the Geneva Conventions, according to Professor Paust.
Alberto Gonzales and others argued that detainees should be considered "unlawful combatants" and as such not be protected by the Geneva Conventions in multiple memoranda regarding these perceived legal gray areas.
Gonzales' statement that denying coverage under the Geneva Conventions "substantially reduces the threat of domestic criminal prosecution under the War Crimes Act" suggests, to some authors, an awareness by those involved in crafting policies in this area that US officials are involved in acts that could be seen to be war crimes. The US Supreme Court challenged the premise on which this argument is based in Hamdan v. Rumsfeld, in which it ruled that Common Article Three of the Geneva Conventions applies to detainees in Guantanamo Bay and that the Military Tribunals used to try these suspects were in violation of US and international law.
On April 14, 2006, Human Rights Watch said that Secretary Donald Rumsfeld could be criminally liable for his alleged involvement in the abuse of Mohammad al-Qahtani. On November 14, 2006, invoking universal jurisdiction, legal proceedings were started in Germany – for their alleged involvement of prisoner abuse – against Donald Rumsfeld, Alberto Gonzales, John Yoo, George Tenet and others.
The Military Commissions Act of 2006 is seen by some as an amnesty law for crimes committed in the War on Terror by retroactively rewriting the War Crimes Act and by abolishing habeas corpus, effectively making it impossible for detainees to challenge crimes committed against them.
Luis Moreno-Ocampo has told the Sunday Telegraph he is willing to start an inquiry by the International Criminal Court (ICC), and possibly a trial, for war crimes committed in Iraq involving British Prime Minister Tony Blair and American President George W. Bush. Though under the Rome Statute, the ICC has no jurisdiction over Bush, since the USA is not a State Party to the relevant treaty—unless Bush were accused of crimes inside a State Party, or the UN Security Council (where the USA has a veto) requested an investigation. However Blair does fall under ICC jurisdiction as Britain is a State Party.
Nat Hentoff wrote on August 28, 2007, that a leaked report by the International Committee of the Red Cross and the July 2007 report by Human Rights First and Physicians for Social Responsibility, titled "Leave No Marks: Enhanced Interrogation Techniques and the Risk of Criminality", might be used as evidence of American war crimes if there was a Nuremberg-like trial regarding the War on Terror.[unreliable source?]
Shortly before the end of President Bush's second term, newsmedia in countries other than the U.S. began publishing the views of those who believe that under the United Nations Convention Against Torture the US is obligated to hold those responsible for prisoner abuse to account under criminal law. One proponent of this view was the United Nations Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment (Professor Manfred Nowak) who, on January 20, 2009, remarked on German television that former president George W. Bush had lost his head of state immunity and under international law the U.S. would now be mandated to start criminal proceedings against all those involved in these violations of the UN Convention Against Torture. Law professor Dietmar Herz explained Nowak's comments by saying that under U.S. and international law former President Bush is criminally responsible for adopting torture as interrogation tool.
Michael Ignatieff, then leader of the Liberal Party of Canada and former director of the Carr Center for Human Rights Policy said that the threat of terrorism requires serious and possibly permanent abridgement of civil liberties. He stated that governments are justified in combating terrorism with "lesser evils", ranging from suspension of civil liberties, through secret uses of executive power, to torture of suspects, as well as targeted killing, right up to pre-emptive war to destroy terrorist bases and also to prevent the development or deployment of weapons which may be used by terrorists or states that support terrorist aims.
Tomas Young, an Iraq War veteran wounded during that conflict, is one of the more recent critics of the Bush administration's actions during the War on Terror, accusing Bush and his former vice-president, Dick Cheney, of committing war crimes in a letter he wrote to them in March 2013.
|This article may be in need of reorganization to comply with Wikipedia's layout guidelines. (January 2013)|
- Tarik Kafala (2009-10-21). "What is a war crime?". BBC. Retrieved 2010-05-27.
- International Committee of the Red Cross, "Principles of International Law Recognized in the Charter of the Nüremberg Tribunal and in the Judgment of the Tribunal, 1950," ICRC Home page Français International Humanitarian Law - Treaties & Documents
- Bloxham, David "Dresden as a War Crime", in Addison, Paul & Crang, Jeremy A. (eds.). Firestorm: The Bombing of Dresden. Pimlico, 2006. ISBN 1-84413-928-X. Chapter 9 p. 180
- Trial of German Major War Criminals, vol. 10, pp. 382-383
- Shimoda et al. v. The State, Tokyo District Court, 7 December 1963
- Falk, Richard A. (1965-02-15). "The Claimants of Hiroshima". The Nation. reprinted in Richard A. Falk, Saul H. Mendlovitz eds., ed. (1966). "The Shimoda Case: Challenge and Response". The Strategy of World Order. Volume: 1. New York: World Law Fund. pp. 307–13.
- Boyle, Francis A. (2002). The Criminality of Nuclear Deterrence. Atlanta: Clarity Press. p. 58.
- Falk, op. cit., p. 308.
- International Review of the Red Cross no 323, p.347–363 The Law of Air Warfare (1998)[dead link]
- John Bolton The Risks and Weaknesses of the International Criminal Court from America's Perspective, (page 4) Law and Contemporary Problems January 2001
- Giovanni Bartolone, Le altre stragi: Le stragi alleate e tedesche nella Sicilia del 1943–1944
- Albert Panebianco (ed). Dachau its liberation 57th Infantry Association, Felix L. Sparks, Secretary 15 June 1989. (backup site)
- Weingartner, James J. A Peculiar Crusadee: Willis M. Everett and the Malmedy massacre, NYU Press, 2000, p. 118. ISBN 0-8147-9366-5
- James J. Weingartner, "Massacre at Biscari: Patton and an American War Crime", Historian, Volume 52 Issue 1, Pages 24–39, 23 Aug 2007
- Lundeberg, Philip K. (1994). "Operation Teardrop Revisited". In Runyan, Timothy J. and Copes, Jan M. To Die Gallantly : The Battle of the Atlantic. Boulder: Westview Press. ISBN 0-8133-8815-5., pp. 221–226; Blair, Clay (1998). Hitler's U-Boat War. The Hunted, 1942–1945 (Modern Library ed.). New York: Random House. ISBN 0-679-64033-9., p. 687.
- Bradley A. Thayer, Darwin and international relations p.186
- Bradley A. Thayer, Darwin and international relations p.189
- Bradley A. Thayer, Darwin and international relations p.190
- The Horror of D-Day: A New Openness to Discussing Allied War Crimes in WWII, Spiegel Online, 05/04/2010, (part 1), accessed 2010-07-08
- The Horror of D-Day: A New Openness to Discussing Allied War Crimes in WWII, Spiegel Online, 05/04/2010, (part 2), accessed 2010-07-08
- Ben Fenton, "American troops 'murdered Japanese PoWs'" (Daily Telegraph (UK), 06/08/2005), accessed 26/05/2007.
- John W. Dower, 1986, War Without Mercy, p.69.
- Ben Fenton, "American troops 'murdered Japanese PoWs'" (Daily Telegraph (UK), 06/08/2005), accessed 26/05/2007
- Niall Ferguson, "Prisoner Taking and Prisoner Killing in the Age of Total War: Towards a Political Economy of Military Defeat", War in History, 2004, 11 (2): 148–192
- Niall Ferguson, "Prisoner Taking and Prisoner Killing in the Age of Total War: Towards a Political Economy of Military Defeat", War in History, 2004, 11 (2): p.150
- Ferguson 2004, p.181
- Ulrich Straus, The Anguish Of Surrender: Japanese POWs of World War II (excerpts) (Seattle: University of Washington Press, 2003 ISBN 978-0-295-98336-3, p.116
- Ulrich Straus, The Anguish Of Surrender: Japanese POWs of World War II (excerpts) (Seattle: University of Washington Press, 2003 ISBN 978-0-295-98336-3, p.117
- Niall Ferguson, "Prisoner Taking and Prisoner Killing in the Age of Total War: Towards a Political Economy of Military Defeat", War in History, 2004, 11 (2): p.176.
- James J. Weingartner, “Trophies of War: U.S. Troops and the Mutilation of Japanese War Dead, 1941–1945” Pacific Historical Review (1992) p. 55
- Niall Ferguson, "Prisoner Taking and Prisoner Killing in the Age of Total War: Towards a Political Economy of Military Defeat", War in History, 2004, 11 (2): p.182
- Schrijvers, Peter (2002). The GI War Against Japan. New York City: New York University Press. p. 212. ISBN 0-8147-9816-0.
- Tanaka, Toshiyuki. Japan's Comfort Women: Sexual Slavery and Prostitution During World War II, Routledge, 2003, p.111. ISBN 0-203-30275-3
- Molasky, Michael S. (1999). The American Occupation of Japan and Okinawa: Literature and Memory. p. 16. ISBN 978-0-415-19194-4.
- Molasky, Michael S.; Rabson, Steve (2000). Southern Exposure: Modern Japanese Literature from Okinawa. p. 22. ISBN 978-0-8248-2300-9.
- Sheehan, Susan D; Elizabeth, Laura; Selden, Hein Mark. Islands of Discontent: Okinawan Responses to Japanese and American Power. p. 18.
- David Wilson (27 March 2007). "The secret war". The Guardian (London). Retrieved 22 November 2008.
- Lilly, Robert J. (2007). Taken by Force: Rape and American GIs in Europe During World War II. Palgrave Macmillan. ISBN 0-230-50647-X.
- Morrow, John H. (October 2008). "Taken by Force: Rape and American GIs in Europe during World War II By J. Robert Lilly". The Journal of Military History 72 (4): 1324. doi:10.1353/jmh.0.0151.
- Schofield, Hugh (5 June 2009). "Revisionists challenge D-Day story". BBC News. Retrieved 6 January 2010.
- Committee for the Review and Restoration of Honor for the No Gun Ri Victims (2009). No Gun Ri Incident Victim Review Report. Seoul: Government of the Republic of Korea. pp. 247–249, 328, 278. ISBN 978-89-957925-1-3.
- "War's hidden chapter: Ex-GIs tell of killing Korean refugees". The Associated Press. September 29, 1999.
- Kill Anything That Moves : U.s. War Crimes And Atrocities In Vietnam, 1965-1973, a doctoral dissertation, by Nick Turse, Columbia University 2005
- Nick Turse, “A My Lai a Month: How the US Fought the Vietnam War”, The Asia-Pacific Journal, Vol. 47-6-08, November 21, 2008
- Summary report from the report of General Peers.
- Department of the Army. Report of the Department of the Army Review of the Preliminary Investigations into the My Lai Incident (The Peers Report), Volumes I-III (1970).
- "Moral Courage In Combat: The My Lai Story". USNA Lecture. 2003.
- My Lai Pilot Hugh Thompson
- Churchill, Ward (2003). On the justice of roosting chickens. AK Press. p. 139. ISBN 978-1-902593-79-1.
- "Executive Summary of the Decision", International Peoples' Tribunal of Conscience In Support of the Vietnamese Victims of Agent Orange, May 18, 2009
- Cohn, Marjorie (15 June 2009). "Agent Orange Continues to Poison Vietnam". Truthout.
- William Glaberson (March 10, 2005). "Agent Orange Case for Millions of Vietnamese Is Dismissed". New York Times.
- Larry Neumeister (June 18, 2007). "Agent Orange victims get no support in war crimes push". New York Daily News.
- "Frederal Republic of Yugoslavia (FRY) /NATO: "Collateral damage" or unlawful killings? Violations of the Laws of War by NATO during Operation Allied Force". Amnesty International. 5 June 2000. Retrieved August 13, 2010.
- Civilian Deaths in the NATO Air Campaign: Summary, Human Rights Watch, February 2000
- Final Report to the Prosecutor by the Committee Established to Review the NATO Bombing Campaign Against the Federal Republic of Yugoslavia
- Prisoner abuse
- Command's Responsibility: Detainee Deaths in U.S. Custody in Iraq and Afghanistan by Human Rights First
- Command Responsibility? by Jeremy Brecher and Brendan Smith,Published by Foreign Policy In Focus (FPIF), a joint project of the International Relations Center (IRC, online at www.irc-online.org) and the Institute for Policy Studies (IPS, online at www.ips-dc.org), January 10, 2006
- Abu Ghraib is a Command Responsibility By Ray McGovern Former CIA analyst, CounterPunch, October 1 / 2, 2005
- Getting Away with Torture? Command Responsibility for the U.S. Abuse of Detainees Human Rights Watch, April 2005 Vol. 17, No. 1
- Columbia Journal of Transnational Law, 43:811, Jordan J. Paust, 2005 May 20, page 828 "Executive Plans and Authorizations to Violate International Law Concerning Treatment and Interrogation of Detainees, http://www.columbia.edu/cu/jtl/Vol_43_3_files/Paust.pdf
- Columbia Journal of Transnational Law, 43:811, Jordan J. Paust, 2005 May 20, page 845 "Executive Plans and Authorizations to Violate International Law Concerning Treatment and Interrogation of Detainees, http://www.columbia.edu/cu/jtl/Vol_43_3_files/Paust.pdf
- Columbia Journal of Transnational Law, 43:811, Jordan J. Paust, 2005 May 20, page 861 "Executive Plans and Authorizations to Violate International Law Concerning Treatment and Interrogation of Detainees, http://www.columbia.edu/cu/jtl/Vol_43_3_files/Paust.pdf
- Parsing pain By Walter Shapiro, Salon
- War Crimes warnings
- Torture and Accountability by Elizabeth Holtzman article in The Nation posted June 28, 2005 (July 18, 2005 issue) about The Geneva Convention
- Former NY Congress member Holtzman Calls For President Bush and His Senior Staff To Be Held Accountable for Abu Ghraib Torture Thursday, June 30, 2005 on Democracy Now
- Memos Reveal War Crimes Warnings By Michael Isikoff Newsweek May 19, 2004
- US Lawyers Warn Bush on War Crimes Global Policy Forum January 28, 2003
- The Gitmo Fallout: The fight over the Hamdan ruling heats up—as fears about its reach escalate. By Michael Isikoff and Stuart Taylor Jr., Newsweek, July 17, 2006
- U.S.: Rumsfeld Potentially Liable for Torture Defense Secretary Allegedly Involved in Abusive Interrogation Human Rights Watch, April 14, 2006
- Universal jurisdiction
- Pushing Back on Detainee Act by Michael Ratner is president of the Center for Constitutional Rights, The Nation, October 4, 2006
- Military Commissions Act of 2006
- Why The Military Commissions Act is No Moderate Compromise By MICHAEL C. DORF, FindLaw, Oct. 11, 2006
- The CIA, the MCA, and Detainee Abuse By JOANNE MARINER, FindLaw, November 8, 2006
- Europe's Investigations of the CIA's Crimes By JOANNE MARINER, FindLaw, Februari 20, 2007
- Nat Hentoff (December 8, 2006). "Bush's War Crimes Cover-up". Village Voice. Archived from the original on August 13, 2009. Retrieved April 2, 2007.
- Court 'can envisage' Blair prosecution By Gethin Chamberlain, Sunday Telegraph, March 17, 2007
- Coalition for the International Criminal Court, 18 July 2008. PDF. Accessed 12 November 2010.
- History Will Not Absolve Us – Leaked Red Cross report sets up Bush team for international war-crimes trial by Nat Hentoff, Village Voice, August 28th, 2007
- Other countries may start prosewcution
- Overseas, Expectations Build for Torture Prosecutions By Scott Horton, No Comment, January 19, 2009
- Die leere Anklagebank – Heikles juristisches Erbe: Der künftige US-Präsident Barack Obama muss über eine Strafverfolgung seiner Vorgänger entscheiden. Mögliche Angeklagte sind George W. Bush und Donald Rumsfeld.
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment calls for prosecution
- UN torture investigator calls on Obama to charge Bush for Guantanamo abuses Ximena Marinero, JURIST, January 21, 2009
- UN Rapporteur: Initiate criminal proceedings against Bush and Rumsfeld now By Scott Horton, No Comment, January 21, 2009
- Ignatieff, Michael. The Lesser Evil: Political Ethics in an Age of Terror Princeton, NJ: Princeton University Press, 2004 ISBN 0-691-11751-9, pp. 1–24
- Jeremy Brecher, Jill Cutler, Brendan Smith, ed. (2005). In the name of democracy: American war crimes in Iraq and beyond. Macmillan. ISBN 978-0-8050-7969-2.
- Michael Haas (2008). George W. Bush, war criminal?: the Bush administration's liability for 269 war crimes. ABC-CLIO. ISBN 978-0-313-36499-0.
- Jordan J. Paust (2007). Beyond the law: the Bush Administration's unlawful responses in the "War" on Terror. Cambridge University Press. ISBN 978-0-521-71120-3.
- Mark Selden, Alvin Y. So, ed. (2004). War and state terrorism: the United States, Japan, and the Asia-Pacific in the long twentieth century. Rowman & Littlefield. ISBN 978-0-7425-2391-3.
- Frederick Henry Gareau (2004). State terrorism and the United States: from counterinsurgency to the war on terrorism. Zed Books. ISBN 978-1-84277-535-6.
- Vincent Bugliosi (2008). The Prosecution of George W. Bush for Murder. Vanguard. ISBN 978-1-59315-481-3.
- "Leave No Marks: Enhanced Interrogation Techniques and the Risk of Criminality". Physicians for Human Rights / Human Rights First. August 2007.
- Richard A. Falk, Irene L. Gendzier, Robert Jay Lifton, ed. (2006). Crimes of war: Iraq. Nation Books. ISBN 978-1-56025-803-2.
- Ramsey Clark (1992). War crimes: a report on United States war crimes against Iraq. Maisonneuve Press. ISBN 978-0-944624-15-9.
- Nafeez Mosaddeq Ahmed (2003). Behind the war on terror: western secret strategy and the struggle for Iraq. New Society Publishers. ISBN 978-0-86571-506-6.
- Marjorie Cohn (November 9, 2006). "Donald Rumsfeld: The War Crimes Case". The Jurist.
- Ulrike Demmer (2007-03-26). "Wanted For War Crimes: Rumsfeld Lawsuit Embarrasses German Authorities". Der Spiegel.
- Patrick Donahue (2007-04-27). "German Prosecutor Won't Set Rumsfeld Probe Following Complaint". Bloomberg L.P.
- Greiner, Bernd; Anne Wyburd (2009). War Without Fronts: The USA in Vietnam. New Haven, Conn: Yale University Press. ISBN 0-300-15451-8.
- Deborah Nelson (2008). The war behind me: Vietnam veterans confront the truth about U.S. war crimes. Basic Books. ISBN 978-0-465-00527-7.
- Nick Turse (2013). Kill Anything That Moves: The Real American War in Vietnam. New York: Metropolitan Books. ISBN 0-8050-8691-9.