As the talking dog points out, the McCain/Warner/Graham “compromise” with the White House means that the US reaffirms its commitment to the Geneva Conventions while doing away with the possibility that anyone can be prosecuted for violating them (more from Digby and Legal Fiction).

[Emphasis added and three links omitted but available above.]

In the crafting of the Military Commissions Act of 2006, of which the McCain/Warner/Graham compromise was a part, the Bush administration attempted to hold the make their past and future outrages (e.g., waterboarding) unprosecutable by:
— limiting the jurisdiction of federal courts
— playing Humpty Dumpty games with the meainings of treaties.
I’ve spent some time trying to figure out to what extent they succeeded, but without success. Recently, I ran across a very helpful online document from The American Society of International Law: “The Military Commissions Act of 2006: “Examining the Relationship between the International Law of Armed Conflict and US Law.” I’ve not had time to study it in depth to determine how well BushCo succeeded in putting themselves beyond the reach of justice.

A top Army sniper testified Friday in a military court that he had ordered a subordinate to kill an unarmed Iraqi man who wandered into their hiding position near Iskandariya, then planted an AK-47 rifle near the body to support his false report about the shooting.

Under a grant of immunity, the sniper, Sgt. Michael A. Hensley, an expert marksman and sniper trainer, testified in the court-martial of Sgt. Evan Vela. Sergeant Vela is accused of murder, impeding a military investigation and planting evidence to cover up an unjust shooting. An earlier charge of premeditated murder was dropped.

Sergeant Vela is the third soldier to be charged in the death of the Iraqi, Genei Nesir Khudair al-Janabi, last May. Sergeant Hensley and another soldier, Specialist Jorge G. Sandoval Jr., were acquitted of murder charges last year, but were convicted of planting evidence. As part of his sentence, Sergeant Hensley was demoted from staff sergeant.

All three soldiers were elite snipers with the 501st Infantry Regiment, Fourth Brigade (Airborne), 25th Infantry Division, based at Fort Richardson, Alaska.

The military trials have highlighted a secret baiting program, begun in early 2007, in which snipers placed lures like fake explosives or other weaponry to draw insurgents into the open, where they could be killed.

But Sergeant Hensley’s testimony at the base here suggested that by last spring, in addition to baiting and killing, soldiers had added a new tactic: carrying weapons to plant on bodies to deter prosecution.
…
Mr. Culp also said his client’s superiors pressed his squad to increase their kill rate, while holding out the threat of prosecution for unjust shootings.
…
Sergeant Hensley said that on May 11, he led his squad to a hiding spot overlooking a village they suspected was controlled by Sunni insurgents. But after several days with little rest, soldiers were drifting into sleep.

“I woke up to a local national squatting in front me with his hands up,” Sergeant Hensley testified. The man was Mr. Janabi, who lived nearby. Sergeant Hensley said he tackled Mr. Janabi and pinned him to the ground.

Mr. Janabi was followed into the hide-out by his son, Mustafa, 17. Sergeant Hensley and his team held the two captive until he spotted several Iraqi men in the distance and Mr. Janabi became agitated. Sergeant Hensley feared that Mr. Janabi’s thrashing would alert the other Iraqis.

Sergeant Hensley said he released the boy and ordered everyone except Sergeant Vela to leave because he “didn’t want them to bear witness” to what they were about to do.

“I pretty much knew at this point that something was going to happen to the father,” Sergeant Hensley testified. “He was making too much noise. I thought that the only way to protect my guys was to take this guy’s life.”

Sergeant Hensley said he ordered Sergeant Vela to load his 9-millimeter pistol, and then made four radio calls to his command post to support a cover story. The first call reported that an Iraqi man was approaching, the second that the man was armed, the third that the sergeant was preparing to shoot.

The fourth call confirmed that he had killed his target.

“At that point his head was at Sergeant Vela’s feet, and I asked him if he was ready and then I moved out of the way,” Sergeant Hensley said. He ordered Sergeant Vela to fire, and Sergeant Vela complied immediately, Sergeant Hensley said.

“A round was fired into his head,” he said.

Mr. Janabi did not die immediately, Sergeant Hensley said. As his brain hemorrhaged, he choked on his blood. Sergeant Hensley simulated the gurgling sound and testified that he ordered Sergeant Vela to fire again.

Sergeant Hensley said he pulled out an AK-47 that he had ordered one of his men to carry and placed it near the body.

But, hey, being the beacon of light, democracy, sanctity of life, truth, justice and accountability that we are under the Pol Pot Bush Administration; we meted out fair and equal justice, because “As part of his sentence, Sergeant Hensley was demoted from staff sergeant”. Words jus

That’s a huge conference coming up.

I agree, if the House managers don’t agree to Immunity, they can force the issue by stripping it out or by forcing it to the House for a full vote on that issue… Or force the bill back to the Senate… A lot can be done in Conference Committee, the main thing, if the Senate includes Immunity is hold the House Dems feet to the fire, particularly since they have to answer to us in November…!

As ever, thanks for having me.

My babies from Korea are the greatest… felt I owed them a good start to life and made sure they got it. Her bio brother (yes I adopted siblings) is majoring in alternative energy…