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A Case Against Rumsfeld?

Should Germany exercise universal jurisdiction in cases involving war crimes? DW-WORLD readers have differing views on a current criminal complaint filed against the US Defense Department.

Who can judge crimes against humanity?

Who can judge crimes against humanity?


The following comments reflect a cross-section of the views of our readers as received so far. If you would like to have your say on this our another issue, please click on our feedback button below. Not all reader comments will be automatically published. DW-WORLD reserves the right to edit for length and appropriateness of content.

It is a ludicrous position for Germany to embrace such a sanctimonious platform, considering its own history of inhumanity during the Nazi period. No country has a clean rapsheet. Who is Germany to cast the first stone against Donald Rumsfeld? I think he has a terribly difficult job to manage. A tit for tat mentality would only hamstring international cooperation to fight terrorism, of which we all are victims directly or indirectly. The international tribunal is sufficient, to hold the leaders of all countries accountable for human rights. -- Jenny Dalpe-San Francisco, USA

I strongly believe that there should be some form of body, be it German or not that holds individual governments or leaders responsible for their actions. Many times the world has sat by and let irresponsible or reckless leaders abuse their power, causing genocide, world wars, or just regional conflicts where the main casualties are always civilian. The world panders to America because it wants the almighty dollar. Somewhere, someone has to stand up and say, “No, America is wrong and no amount of bribery will correct it.” – Alan Clayson, USA

Someone with a more moral understanding than the U.S. should be able to hold war criminals accountable, regardless of where they are from, if their own country won't. The world needs a global moral consciousness. – Fr. David Fryer, USA

In America one is considered innocent until proven guilty. If Mr. Rumsfeld and others feel they are innocent of war crimes charges, then they should not be concerned about being tried and standing in a trial to prove they are innocent of the charges. – William J. Knight

If no one is held accountable, then what is this world comming to? The World Court or any other court should not bow to threats from any country. If we do then we go back to the way Hitler wanted to run the world. – Ronald Burris

This administration has damaged the greatest nation on earth beyond repair, and has spilled too much blood in the name of their personal greed. Their lies have been such an insult to intelligent people all around the world. It is time now for the people to stand up and put an end to these horrific murderous crimes this administration is committing. I think it's time we in America start to mind our own business and build our future out of resources on our own soil. If cooperation of nations and commerce across the world are willing to do business with America, that's fine. Invading nations under the quise of freeing them from the oppression of supposed cruel dictators, when the actual truth is in obtaining the upper hand in natural resources for a greedy over-consuming capitalist nation, is what I would classify as war crimes. – R.G. Bierwirth

Michael Rattner Strafanzeige gegen Rumsfeld

US lawyer and president of the Center for Constitutional Rights Michael Rattner filed complaint against Rumsfeld

The German law that allows Germany to prosecute crimes against so-called international law anywhere in the world is an absurd piece of legislation. Taken to its logical conclusion, it permits Germany to act against anyone in the world as an international arbiter of justice as defined under German law. The lawsuit against U.S. Defense Secretary Rumsfeld is an example of how frivilous suits may be brought in German courts to advance extreme political agendas. Had Saddam Hussein remained in power I doubt that the people involved in filing the Rumsfeld law suit would have brought a similar suit against Saddam Hussein. I also doubt that these same groups are filing law suits against leaders in other countries, such as the Sudan, North Korea, Cuba, or China where human right's abuses are rampant. This law damages Germany's international position and should be abolished. – Michael Pasquale Sasso

Please, by all means, prosecute Mr Rumsfeld. He will never be prosecuted in a US court for his crimes. Members of the Bush regime who planned and implemented the war and who have permitted the attrocities of Abu Graib should be held accountable in a court of law somewhere. I wish that could be a US court but that is not likely to happen given the current political reality. Indict Bush, Rumsfeld, Franks, Sanchez, Powell and Gonzalez. Indict the war profiteers who run the private security companies that participated in the Abu Graib and Guantanamo abuses. With enough international pressure, the Democrats might be able to take control of the House or Senate in 2006 and begin putting the brakes on this failed and illegal policy. Criminal indictments, and the message they would send could be what we need to tip the balance of power. -- David West

Is the case against Rumsfeld and the Defense Department an example of selective jurisdiction? Read what DW-WORLD readers say



I strongly feel that Germany should retain the laws granting Universal Jurisdiction in cases involving war crimes, crimes against humanity, and other crimes which are against the basic tenets of humanity, and which affect humankind as a whole. War crimes, especially those committed by the American troops in Iraq, cannot and should not be looked upon as coming solely under the jurisdiction of the American government. For the sake of neutrality, and for an unbiased judgement to prevail, this trial MUST proceed in German courts. And not just for this issue, Germany should retain these laws so that they can be used in future too. Issues like genocide, piracy, war crimes and other crimes against humanity, CANNOT be considered the sole propriety of any particular government as they affect humanity in general. These are crimes without any borders and so deliberating on these issues is our collective responsibility. -- Sagnik Chakraborty, India .

Neue Folterfotos aus Abu Graib, Irak

Who will go on trial for torture at the Abu Ghraib prison in Baghdad?

Are you kidding? Germany of the WWII atrocities and the ability to believe that it didn't happen? Germany who would be nothing without the US then and now? How about we pull our troops out of Germany and watch your economy tank! You can't have it both ways. What or who granted you this world-wide right and who are you going to charge? This has to be a joke. I'll make sure I continue to not purchase anything made in Germany as well as tell all I come in contact with. – Daniel Smith

I believe that every nation should take action, whether independent or through EU and UN, to bring the leaders of the US government to indictment on charges of "war crimes", "Crimes against Humanity", and the "Violations of numerous international treaties." As an American citizen, I have personally requested that the ICC prosecutor conduct an inquiry and proceed to indictments against G.W. Bush and all other officials in US that are complicit in the unlawful, illegal invasion of Iraq, conspiracy to defraud the UN, NATO, and EU with false and/or manufactured evidence leading to the unlawful invasion of Iraw, the unlawful use of WMD, and numerous other criminal charges with regard to international law as well as violations of federal election laws in the US. – Rick Keefer


I think Germany should exercise universal jurisdiction and it should not back down from U.S. pressure. The U.S. will claim that any lawsuit against it is frivolous, which is absurd because legal standards prevent that. But war crimes or crimes against humanity are crimes no matter who commits them or where and this has long been recognized in international law. -- Jennifer Van Bergen, J.D.

As the USA has the right to be the "police of the world", Germany has also the right to exercise universal jurisdiction. We have to remember that even the police must be inspected, never mind if it is a local police station or an international agency! -- Gustavo Caracante

It hardly seems likely that the framers of the universal jurisdiction statute wanted anything more than selective jurisdiction. Where are the prosecutions relating to the situations in Africa? Where are the prosecutions relating to the televised beheadings in Iraq? Where are the prosecutions of the murderers of innocent civilians in Israel, or the murderers of hundreds of Russian school children? And what about Fidel for the execution of three men who's crime was trying to sneak away to freedom? China? Oops not China, that might foul those arms sales and that whole UN thing. No, it seems that the universal jurisdiction law is merely a tool to get at the leaders of the US and Israel. If Germany suffers for this arrogant attempt to selectively exercise Universal Jurisdiction it is well deserved. -- Aan Schnelle , USA

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