Thanks for your careful exposition of the matter as it stands.

I have annexed it to a diary I posted here:

http://www.dailykos.com/storyonly/2008/12/13/221441/34/413/672859

It should be noted that Obama has simply nowhere to turn, unless he signs the Rome Statute, effective January 2013, when his term of office shall have expired, and wholly depending upon two-thirds for consent for the ratification of the Treaty in the Senate, and 3/4 of the House.

I conclude that there is a certain amount of conflict and contradiction inherent in the affairs of mankind, and then there's

H.Y.P.O.C.R.I.S.Y.

which, in the case of Bush was amply evidenced by his stupidity and lazy lack of interest, and in Cheney by his affliction with pumphead syndrome and his bombast, sans gravitas; such hypocrisy also goes by the name of duplicity, anarchy or barbarism.

btw, having read the letter to Bill Clinton from PNAC, in 1998, I was fully prepared for the geopolitical/economic nightmare that has issued from Bush/Cheney. I warned of this in Campaign 1999-2000; I'm an avid reader of CFR - I am always stunned by the consequential aloofness and naivete of their reports and studies.

In fact, I'll be happy enough if Obama recuses himself since he is a partisan Democrat, and turns his entire "truth commission" record of premeditation and execution of

FISA violations,

illegal NSA driftnet eavesdropping and wiretapping,

habeas corpus violations,

renunciation of the Constitution and Geneva Convention accords,

genocide,

war crimes, and

torture

over to the Republicans for examination, an hour before Senator Patrick Leahy inserts it all from cover-to-cover into the Congressional Record for historical analysis, sometime before the beginning of Campaign 2012.

here: -------> warning two-page .pdf file download ------>

http://www.pegc.us/archive/White_House/bush_memo_20020207_ed.pdf

THE WHITE HOUSE

WASHINGTON

February 7, 2002

MEMORANDUM FOR: THE VICE PRESIDENT

THE SECRETARY OF STATE

THE SECRETARY OF DEFENSE

THE ATTORNEY GENERAL

CHIEF OF STAFF TO THE PRESIDENT

DIRECTOR OF CENTRAL INTELLIGENCE

ASSISTANT TO THE PRESIDENT FOR NATIONAL

SECURITY AFFAIRS

CHAIRMAN OF THE JOINT CHIEFS OF STAFF

SUBJECT: Humane Treatment of Taliban and al Qaeda Detainees

1. Our recent extensive discussions regarding the status of al Qaeda and Taliban detainees confirm that the application of Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949, (Geneva) to the conflict with

al Qaeda and the Taliban involves complex legal questions. By its terms, Geneva applies to conflicts involving "High Contracting Parties," which can only be states. Moreover, it assumes the existence of "regular" armed forces fighting on

behalf of states. However, the war against terrorism ushers in a new paradigm, one in which groups with broad, international reach commit horrific acts against innocent civilians, sometimes with the direct support of states. Our nation recognizes that this new paradigm – ushered in not by us, but by terrorists – requires new thinking in the law of war, but thinking that should nevertheless be consistent with the principles of Geneva.

2. Pursuant to my authority as commander in chief and chief executive of the United States, and relying on the opinion of the Department of Justice dated January 22, 2002, and on the legal opinion rendered by the attorney general in his letter of February 1, 2002, I hereby determine as follows:

a. I accept the legal conclusion of the Department of Justice and determine that none of the provisions of Geneva apply to our conflict with al Qaeda in Afghanistan or elsewhere throughout the world because, among other reasons, al Qaeda is not a High Contracting Party to Geneva.

b. I accept the legal conclusion of the attorney general and the Department of Justice that I have the authority under the Constitution to suspend Geneva as between the United States and Afghanistan, but I decline to exercise that authority at this time. Accordingly, I determine that the provisions of

Geneva will apply to our present conflict with the Taliban. I reserve the right to exercise the authority in this or future conflicts.

c. I also accept the legal conclusion of the Department of Justice and determine that common Article 3 of Geneva does not apply to either al Qaeda or Taliban detainees, because, among other reasons, the relevant conflicts are international in scope and common Article 3 applies only to "armed conflict not of an international character."

d. Based on the facts supplied by the Department of Defense and the recommendation of the Department of Justice, I determine that the Taliban detainees are unlawful combatants and, therefore, do not qualify as prisoners of war under Article 4 of Geneva. I note that, because Geneva does not apply to our conflict with al Qaeda, al Qaeda detainees also do not qualify as prisoners of war.

3. Of course, our values as a nation, values that we share with many nations in the world, call for us to treat detainees humanely, including those who are not legally entitled to such treatment. Our nation has been and will continue to be a strong

supporter of Geneva and its principles. As a matter of policy, the United States Armed Forces shall continue to treat detainees humanely and, to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of Geneva.

4. The United States will hold states, organizations, and individuals who gain control of United States personnel responsible for treating such personnel humanely and consistent with applicable law.

5. I hereby reaffirm the order previously issued by the secretary of defense to the United States Armed Forces requiring that the detainees be treated humanely and,

to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of Geneva.

6. I hereby direct the secretary of state to communicate my determinations in an appropriate manner to our allies, and other countries and international organizations cooperating in the war against terrorism of global reach.

/s/ George W. Bush

[my emph.]

q.e.d.