Applicable Crimes

(Revised December 1, 2014)

Title 18 U.S.C. Sec. 2, Aiding and Abetting.

“(a)Whoever commits an offense against the U. S. or aids, abets, counsels, commands, induces or procures its commission [and/or] (b)willfully causes an act to be done which if directly performed by him or another would be an offense against the U.S., is punishable as a principal.”

Title 18, U.S.C. Sec. 4 Misprision of a Felony

“Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined or imprisoned not more than three years, or both.”

Title 2, U.S.C. Sec. 194

Provides that when Congress certifies that a witness has failed to appear or produce records as required by subpoena, the “appropriate United States Attorney …shall…bring the matter before the grand jury for its action.”

Title 18, U.S.C. Section 201. Bribery of public officials and witnesses

Title 18, U.S.C. Section 241. Conspiracy against rights

Title 18, U.S.C. Section 242. Deprivation of rights under color of law.

Title 18, U.S.C. Sec. 371, Conspiracy to Defraud the United States

Prohibits conspiring to use any form of fraud in an effort to impair or obstruct the function of a U.S. Government branch or agency.

Title 18, U.S.C. Sections 666(a)(1)(B) and 2. Theft or bribery concerning programs receiving Federal funds

Title 18, U.S.C. Section 1111. Murder

Title 18, U.S.C. Section 1117. Conspiracy to murder

Title 18, U.S.C. Secs. 1341, 1346

Prohibit using mail and wire communications to further a scheme to defraud the public of its right to the honest services of its public officials via false pretenses, representations, promises and material omissions.

Title 18 United States Code, Section 1349. Failure to provide honest services.

Defrauding the United States and the people of the United States of honest services of, in furtherance of which the mails and interstate wire communications would be used, in violation of Title 18, United States Code, Sections 1341,1343, and 1346; all in violation of Title 18 United States Code, Section 1349.

Title 18, U.S. Code, Section 1385

Prohibits using military for domestic law enforcement without congressional authorization.

Title 18, U.S. Code, Sec. 2340-2340A and B. Torture

Prohibits torture and conspiracy to do so by U.S. nationals outside the U.S. Torture is an “act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon [a] person within his custody or physical control.”

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment -

Title 18, U.S.C. Sec. 2441 War Crimes Act of 1996

“a) Whoever, [while being a national of the U.S.] commits a war crime, [shall be guilty of a felony].” “(d) [T]he term ‘war crime’ means any conduct-(1) defined as a grave breach in any of the international conventions at Geneva 12 August 1949, or any protocol to such convention to which the U.S. is a party.” It includes violations of Common Article 3 which prohibits: “violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; …outrages upon personal dignity, in particular humiliating and degrading treatment.

Title 22 U.S.C. 2151 et seq. The Foreign Assistance Act of 1961 (P.L. 87-195) requires that "No assistance may be provided… to the government of any country which engages in a consistent pattern of gross violations of internationally recognized human rights."

Title 22 U.S.C. Section 2551. Congressional statement of purpose. An ultimate goal of the United States is a world which is free from the scourge of war and the dangers and burdens of armaments; in which the use of force has been subordinated to the rule of law; and in which international adjustments to a changing world are achieved peacefully.

It is the purpose of this chapter to provide impetus toward this goal by addressing the problem of reduction and control of armaments looking toward ultimate world disarmament.

Title 22 U.S.C. Sections 2751-2799. Arms Export Control Act of 1976 (ACEA). The ACEA requires that governments that receive weapons from the United States use them only for legitimate self-defense.


War Powers Act of 1973, Sec. 9(d)(1)

“Nothing in this joint resolution—is intended to alter the constitutional authority of the Congress or of the President…”

Voting Rights Act of 1965, Sec. 2

“ No voting qualification or prerequisite to voting, or standard, practice, or procedure shall be imposed or applied by any State or political subdivision to deny or abridge the right of any citizen of the U. S. to vote on account of race or color. ”

Foreign Intelligence Surveillance Act of 1978 (“FISA”) Provides that FISA is the exclusive means by which domestic electronic surveillance for foreign intelligence purposes can be conducted and criminalizes violations.

Stored Communications Act of 1986

Prohibits knowing disclosure of customer telephone records to the government unless: (1) pursuant to subpoena, warrant or a National Security Letter (or other Administrative subpoena); with the customers lawful consent; (2) there is a business necessity; or (3) an emergency involving the danger of death or serious physical injury.

Nat’l Defense Authorization Act for Fiscal Year 2008, Sec. 1222

“[No funds appropriated pursuant to this Act] may be obligated …(1) To establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Iraq. (2) To exercise United States control of the oil resources of Iraq.”


Ch. I, Art.2 UN Charter, Section 3

“[All Members shall] settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered” and “4. Refrain in their international relations from the threat or use of force against … [another state].”

International Covenant on Human Rights (ratified by U.S.)

Art. 7:“No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” Art. 10: “All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.”

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (ratified by U.S.)

Art. 2 (1) Each State Party shall take effective…measures to prevent acts of torture in …its jurisdiction. (2) No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture. (3) An order from a superior officer or a public authority may not be invoked as a justification of torture.

Art. 3. No State Party shall expel, return... or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture

Third Geneva Convention

“No physical or mental torture, nor any other form of coercion, may be inflicted on [POWs] to secure…information of any kind whatever. [POWs] who refuse to answer may not be threatened, insulted or exposed to any unpleasant or disadvantageous treatment of any kind.”

Add’l Protocol I of 8 June, 1977 to Geneva Conventions of 12 August, Art. 85 (3) (signed by U.S.)

A “grave breach” of the Geneva Conventions includes making civilians the object of attacks.

Fourth Geneva Convention

Provides that it is the responsibility of an occupying force to ensure the protection and human rights of civilians.

Fourth Geneva Convention, Commentary

“Every person in enemy hands…is either a prisoner of war…covered by the Third Convention, a civilian covered by the Fourth Convention, or…a member of the medical personnel of the armed forces… covered by the First Convention. There is no intermediate status; nobody in enemy hands can be outside the law.”

Kellogg Briand Pact ratified by the U.S. Senate in 1928:

"The High Contracting Parties solemnly declare in the names of their respective peoples that they condemn recourse to war for the solution of international controversies, and renounce it, as an instrument of national policy in their relations with one another.

Optional Protocol to Fourth Geneva Convention on Rights of the Child (signed by U.S. in 2002)

Children under the age of 18 captured in conflicts are “protected persons” to be considered victims, not prisoners.


U.S. Constitution, Art. 1, Sec. 9

“The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”

U.S. Constitution, Fourth Amendment

“The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath…particularly describing the place to be searched, and the persons or things to be seized.”

U.S. Constitution, Fifth Amendment

No person shall be “deprived of life, liberty, or property, without due process of law…”

Following is a list of the 269 war crimes in the book George W. Bush, War Criminal? By Michael Haas. Haas’s book and web site provide details and evidence of these 269 crimes.


Armed aggression, under current international law, is prohibited unless there is an urgent, immediate need to respond to an ongoing attack from another country. Even in the case of legitimate self-defense, the matter must be approved subsequently by the UN Security Council.

#1 Waging Aggressive War

#2 Aiding Rebels in a Civil War

#3 Threatening Aggressive War

#4 Planning & Preparing for a War of Aggression

#5 Conspiracy to Wage War

#6 Propaganda For War



The principle that innocent civilians should be protected from the ravages of warfare has been established for 1,600 years. In the present, that principle has been extended to prohibitions on various targets, cruel weapons, undisciplined behavior by soldiers and commanders, and on the use of mercenaries.


Prohibited Targets

#7 Failure to Observe the Neutrality of a Hospital

#8 Destruction of Undefended Targets

#9 Bombing of Edifices Devoted to Art, Charity, Religion, & Science

#10 Failure to Compensate

#11 Naval Bombardment of Undefended Buildings, Dwellings, Towns, & Villages

#12 Bombing of Neutral Countries

#13 Failure to Observe the Neutrality of Hospital Employees

#14 Failure to Respect the Neutrality of a Voluntary Aid Society

#15 Hostile Acts on the Ground Directed at a Museum

#16 Indiscriminate Attacks Against Civilians

#17 Failure to Protect Cultural Property


Prohibited Weapons

#18 Use of Arms and Projectiles to Cause Superfluous Injury

#19 Use of Napalm

#20 Use of White Phosphorous

#21 Use of Depleted Uranium Weapons


Misconduct by Soldiers

#22 Killing or Wounding Civilians Treacherously

#23 Failure to Accept the Surrender of Combatants

#24 Pillage

#25 Failure to Attend to the Wounded

#26 Failing to Provide Proper Burials to Enemy Soldiers Killed in Combat

#27 Excessive Targeting of Civilians


Misconduct by Commanders

#28 Failure to Notify Authorities of Bombardments

#29 Indiscriminate Naval Bombardments

#30 Naval Bombardments Without Warning

#31 Extrajudicial Executions

#32 Reprisals Against Innocent Civilians

#33 Depriving Civilians of Food & Drinking Water

#34 Excessive Military Force

#35 Failure to Provide Battlefield Officers with Appropriate Legal Advice

#36 Failure to Prosecute Commanding Officers for Failure to Stop Battlefield Offenses

#37 Failure of Commanding Officers to Report Battlefield Offenses to Their Superiors

#38 Failure of Commanding Officers to Ensure That Subordinates Understand Geneva Convention Obligations Regarding the Conduct of Warfare

#39 Failure of Commanding Officers to Prevent Subordinates from Plotting War Crimes on the Battlefield

#40 Failure of Commanding Officers to Discipline or Prosecute Subordinates Who Commit War Crimes on the Battlefield

Prohibited Combatants

#41 Funding War Mercenaries

#42 Mercenaries Have Engaged in Combat



The television series “Hogan’s Heroes” portrays a prison camp for Americans in Nazi Germany during World War II. Although the series takes excessive liberties for comedic purposes, the basic conditions of the camp in many ways conform to the requirements of the Prisoner of War (POW) Convention of 1929 and earlier treaties. Germany, nevertheless, sometimes used prisoner compounds as interrogation centers. When the Third Geneva Convention was written in 1949, the excesses of the Japanese and Nazis informed provisions to outlaw many practices. When the Americans initially rounded up suspected terrorists in Afghanistan and Iraq, sending some to Guantánamo, the initial military commanders enforced Geneva Convention standards. Soon, President Bush rescinded the Geneva Convention requirements, and new treatment procedures were developed on the fly. The result has been scandalous.


Violating Standards of Decency

#43 Inhumane Treatment

#44 Depriving Prisoners of Their Property

#45 Religious Mistreatment

#46 Displaying Prisoners

#47 Denial of Decent Burial of Prisoners

#48 Cruel Treatment

#49 Outrages upon Personal Dignity


Interrogation Methods

#50 Reprisals Against Prisoners

#51 Interrogation Beyond Name, Rank, and Serial Number

#52 Coercive Techniques

#53 Threats & Unpleasant Treatment

#54 Systematic Insults

#55 Torture

#56 Taking Hostages

#57 Failure to Prevent Torture

#58 Complicity or Participation in Torture

#59 Failure to Protect Prisoners from Intimidation

#60 Use of Weapons Against Prisoners


Unacceptable Living Conditions

#61 Inadequate Food

#62 Inadequate Clothing

#63 Inadequate Shelter

#64 Cramped Housing

#65 Close Confinement

#66 Internment on Ships at Sea

#67 Internment in Penitentiaries

#68 Inadequate Heating

#69 Inadequate Lighting

#70 Habitual Diet Ignored

#71 Prisoners Disallowed from Food Preparation

#72 Solitary Confinement

#73 Prisoners Not Allowed to Eat Together

#74 Lack of Prison Canteens

#75 Prisoners Not Allowed to Receive Funds to Purchase Personal Items


Health Aspects

#76 Mistreatment of Wounded Prisoners

#77 Killing & Wounding Prisoners Treacherously

#78 Unhygienic Housing

#79 Water Deprivation

#80 Unhealthful Incarceration

#81 Murder

#82 Mutilation

#83 Reckless Endangerment of Health in Prison

#84 Involuntary Experimentation

#85 Reckless Endangerment of Health During Transfers

#86 Denial of Medical Care

#87 Failure to Provide Treatment for Medically Incompetent Prisoners

#88 Locating a Prison in a Combat Zone

#89 Inadequate Nutrition

#90 Inadequate Infirmary, Surgical, & Hospital Care

#91 Failure to Provide Care for the Disabled

#92 Failure to Keep Proper Medical Records

#93 Failure to Weigh Prisoners

#94 Failure to Detect or Treat Contagious Diseases

#95 Failure to Provide Appropriate Medical Records upon Release

#96 Failure to Properly Annotate Death Certificates

#97 Failure to Properly Investigate Causes of Prisoner Deaths

#98 Violating Medical Ethics

#99 Failure to Rehabilitate Victims of Torture

Activities Disallowed

#100 Tobacco Deprivation

#101 Exercise Deprivation

#102 Inadequate Recreational Opportunities


#103 Prisoners Transferred to Countries Practicing Torture

#104 Failure to Recall Prisoners Who Have Been Tortured After Their Transfer to Other Countries

#105 Inhumane Transfer of Prisoners

#106 Failure to Notify Prisoners in Advance of Transfers

Complaints, Representatives, and Discipline

#107 Failure to Allow Prisoners to Complain About Captivity Conditions

#108 Failure to Respond to Complaints of Prisoners Alleging Torture

#109 Failure to Allow Prisoners to Elect Representatives

#110 Repeated Punishment

#111 Punishment for Offenses Not Applied to American Soldiers

#112 Corporal Punishment

#113 Confinement Without Daylight

#114 Unequal Treatment of Disciplined Prisoners

#115 Punishment Exceeding Thirty Days

#116 Discipline Without Following Procedures


Juridical Aspects

#117 Failure to Treat Captured Belligerents as Prisoners of War

#118 Secret Detainees

#119 Failure to Advise Prisoners of Their Right to Counsel

#120 Denial of Right to Counsel

#121 Failure to Try Accused Prisoners in a Regularly Constituted Court

#122 Sentencing Without Having a Regularly Constituted Court

#123 Failure to Use a Competent Tribunal to Determine Whether to Detain Prisoners

#124 Prisoners Have Been Forced to Renounce Their Rights

#125 Depriving Prisoners of Identity Documents

#126 Failure to Disseminate Geneva Convention Protections

#127 Failure to Post the Geneva Conventions

#128 Failure to Translate the Geneva Conventions for Prisoners

#129 Failure to Publicly State How Prisoners Are to Be Handled

#130 Failure to Transmit Legal Documents to Prisoners

#131 Failure to Allow Visits Between Lawyers and Prisoners

#132 Failure to Put Prisoners on Trial in Impartial Tribunals

#133 Forced Self-Incrimination

#134 Failure to Provide Speedy Trials

#135 Denial of the Right to Call Witnesses

#136 Failure to Advise Prisoners of Geneva Convention Rights

#137 Failure to Facilitate Selection by Prisoners of Their Attorneys

#138 Failure to Allow the United Nations to Provide Attorneys for Prisoners

#139 Failure to Provide Attorneys Free Access to Prisoners

#140 Failure to Provide Privacy During Visits Between Attorneys & Prisoners

#141 Failure to Translate Legal Documents for Prisoners

#142 No Right of Appeal

#143 Failure to Inform Prisoners Promptly of Charges Against Them

#144 Failure to Inform Prisoners’ Attorneys of Charges Against Prisoners Whom They Represent

#145 Secrecy in Judicial Proceedings

#146 Failure to Prosecute Those Responsible for Prisoner Deaths

#147 Absolving Liability for Redress

#148 Refusal to Allow Cross-Examinations

#149 Failure to Provide Appropriate Legal Advice to Military Commanders Regarding Prisoners

#150 Failure to Prosecute Commanding Officers Taking No Action to Stop Abuse of Prisoners

#151 Failure of Commanding Officers to Report Offenses Against Prisoners to Superiors

#152 Failure of Commanding Officers to Ensure That Subordinates Understand Geneva Convention Obligations Regarding Prisoners

#153 Failure of Commanding Officers to Prevent or Stop Subordinates from Mistreating Prisoners

#154 Failure of Commanding Officers to Discipline or Prosecute Subordinates Who Mistreat Prisoners

#155 Attempting to Justify Torture

#156 Failure to Arrest & Prosecute Torturers

#157 Failure to Investigate Allegations of Torture

#158 Refusal to Cooperate in Investigations & Prosecutions of Torturers

#159 Failure to Compensate Victims of Torture

#160 Admission of Statements Resulting from Torture into Evidence

Relations Between Prisoners and Outside Groups

#161 Refusal to Allow the Red Cross Access to Prisoners

#162 Failure to Establish a Central Prisoner of War Agency

#163 Failure to Request Assistance from a Humanitarian Organization

#164 Prisoners Prevented from Contacting the Red Cross and the Red Crescent Society

#165 Parcels to Prisoners Disallowed

#166 Failure to Allow Prisoners to Complain to UN Bodies

#167 Failure to Share Inquest Investigations with the UN

#168 Failure to Provide Opportunities for Nongovernmental Organizations to Assist the Religious & Other Needs of Prisoners

#169 Denial of Access of UN Agencies to Places of Departure, Passage, Arrival, & Incarceration

#170 Failure to Allow UN Officials to Attend Arraignments



#171 Failure to Repatriate Prisoners Promptly

#172 Failure to Repatriate Seriously Ill or Wounded Prisoners

Contact with Families

#173 Denial & Delay of Correspondence Between Prisoners & Their Families

#174 Prisoners Have Not Been Allowed to Send Telegrams

#175 Failure to Compensate Dependents of Fatal Victims of Torture



#176 Sexual Abuse of Females

#177 Women Confined in Same Facility as Men

#178 Women Prisoners Searched by Men

#179 Discrimination Based on Nationality, Race, or Religion

#180 Elder Abuse

Treatment of Children

#181 Transfer of Children from Their Home Countries

#182 Failure to Obtain Permission from Parents or Guardians for Transfer of Their Children

#183 Incarceration of Children in the Same Quarters as Adults

#184 Failure to Provide Education for Imprisoned Children

#185 Withholding Parental Contact from Child Detainees

#186 Failure to Inform Parents of the Whereabouts of Detained Children

#187 Refusal to Allow Child Detainees to Receive Information

#188 Failure to Protect Child Detainees from Abuse

#189 Failure to Provide Social Programs for Child Detainees to Deal with Prison Abuse

#190 Failure to Establish Programs to Prevent Prison Abuse of Child Detainees

#191 Failure to Investigate Abuse of Child Prisoners

#192 Failure to Prosecute Prison Personnel Who Abuse Child Detainees

#193 Failure to Provide Recreational Activities for Child Prisoners

#194 Inhumane Treatment of Child Detainees

#195 Indefinite Detainment of Children

#196 Failure to Allow Parents to Visit Child Detainees

#197 Failure to Allow Child Prisoners to Have Legal Counsel

#198 Failure to Provide an Impartial Tribunal for Child Prisoners

#199 Failure to Provide Speedy Trials for Child Prisoners

#200 Failure to Provide Post-Confinement Programs for Abused Child Prisoners

#201 Presumption of the Guilt of Child Prisoners Before Trials

#202 Failure to Promptly Inform Child Prisoners of Charges Against Them

#203 Forcing a Child Prisoner to Incriminate Himself

#204 Failure to Allow Witnesses Testify on Behalf of Child Prisoners

#205 Failure to Allow Appeals from Trials of Child Prisoners


#206 Extraordinary Renditions

#207 Issuance of Executive Orders Authorizing Enforced Disappearances

#208 Failure to Prosecute Those Responsible for Enforced Disappearances

#209 Sending Prisoners to Countries Where Enforced Disappearance is Likely

#210 Failure to Disclose Basic Information About Victims of Enforced Disappearance to Appropriate Authorities

#211 Failure to Disclose Basic Information About Victims of Enforced Disappearance to Family & Legal Representatives

#212 Failure to Provide Verification of Release of Disappeared Detainees

#213 Failure to Inform Rendered Persons of the Reasons for Their Disappearance, Investigation of Their Case, & Plans for Their Future

#214 Failure to Release Disappeared Persons

#215 Failure to Return the Bodies of Those Who Die While Disappeared to Next of Kin

#216 Failure to Provide Reparation & Compensation to Victims of Enforced Disappearance

#217 Failure to Cooperate with NGOs Seeking to Rescue Victims of Enforced Disappearance



American forces have remained in Afghanistan from 2001 and Iraq from 2003. In both cases, the United States has recognized that American forces as occupation forces. Because of the unhappy military occupation of Eastern Europe by the Nazis during World War II, the international rules applied to military occupation were strengthened from provisions in the Hague Conventions to the Fourth Geneva Convention and related international agreements. The most formalized occupation was the Coalition Provisional Authority (CPA), which was headquartered in Baghdad from May 12, 2003, to June 28, 2004, under the direct control of L. Paul Bremer III. Nevertheless, the occupation continues so long as foreign troops are on Afghan and Iraqi soil but not subject to the authority of either government.


Re-Establishing Public Order

#218 Failure to Re-Establish Public Order and Safety

#219 Complicity with Pillage

#220 Failure to Apprehend and Prosecute Looters

#221 Failure to Provide Security for Hospitals

#222 Intimidation of Civilians from Living Ordinary Lives

#223 Failure to Stop the Theft of Cultural Property

#224 Failure to Protect Journalists

Civil and Political Conditions

#225 Failure to Respect the Legal Framework

#226 Failure to Allow Self-Government

#227 Failure to Recognize Local Courts


Criminal Justice Problems

#228 Unwarranted Interrogation of Civilians

#229 Collective Punishment

#230 Cruel Treatment of Civilians

#231 Unjustified Arrest of Children

#232 Unjustified Interment

#233 Transfer to Countries That Persecute Political Opinions

#234 Failure to Observe Existing Penal Laws

#235 Penalties Imposed for Past Acts

#236 Disproportionate Penal Servitude

#237 Interned Persons, Prisoners of War, and Common Criminals Accommodated and Administered Together

#238 Failure to Account for Missing Persons

#239 Failure to Ensure Fair Trials of Repatriated Prisoners


Economic and Financial Conditions

#240 Confiscation of Private Property

#241 Lowering Tax Revenues

#242 Secret Contract Awards

#243 Diversion of State Property for Nonmilitary Operations

#244 Privatizing State Assets

#245 Failure to Maintain Material Conditions of State Property

#246 Mass Unemployment

#247 Failure to Provide Re-Employment Opportunities

#248 Unnecessary Destruction of Private Property

#249 Unnecessary Destruction of State Property

#250 Failure to Provide Necessities of Daily Living


#251 Failure to Respect Religious Convictions

#252 Ethnosectarian Discrimination

#253 Discrimination in Awarding Contracts

#254 Gender Discrimination

#255 Dishonoring Women

#256 Discrimination Against Nominal Members of a Political Party

#257 Arrest of Persons for Pre-Occupation Political Opinion


Social and Cultural Problems

#258 Failure to Respect Family Honors

#259 Withholding News from Family Members

#260 Charging for Formerly Free Government Services

#261 Failure to Reopen Schools

#262 Failure to Restore Cultural Property Damaged by Military Operations


Health Conditions

#263 Providing Insufficient Food

#264 Providing Insufficient Medical Supplies

#265 Reduction in the Quality of Medical Care

#266 Reduction in the Quality of Public Health


The Role of Outside Organizations

#267 Flouting UN Recommendations

#268 Failure to Accept Relief Organizations

#269 Failure to Disseminate the Fourth Geneva Convention Text to Occupation Personnel