LENGTH: 10525 words ARTICLE: THE U.S. CODIFICATION OF WAR CRIMES: 18 USCA §2441 NAME: HAMED ADIBNATANZI *

... The War Crimes Statute has been used with the Geneva Convention in order to guarantee detainees certain fundamental rights to due process and impartial hearings.... §2441 Humanitarian law is the category of laws of armed conflict, attempting to place limitations upon the conduct of warfare in order to prevent unnecessary suffering to civilians and combatants.... The possibility that American officials and soldiers could be prosecuted for war crimes for committing the "outrages upon personal dignity, in particular humiliating and degrading treatment " prohibited by the Conventions led to a series of proposals to make such actions legal in certain circumstances, which resulted in the Military Commissions Act of 2006.... "As provided by the Constitution and by this section, the President has the authority for the United States to interpret the meaning and application of the Geneva Conventions and to promulgate higher standards and administrative regulations for violations of treaty obligations which are not grave breaches of the Geneva Conventions. "... The proposed legislation states "no court, justice, or judge shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by the United States who has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination. "... These two clauses together would remove U.S. courts ' jurisdiction to hear any cases relating to detainment or interrogation procedure amounting to torture or war crimes. TEXT