It Happens Every Election, But This Time - War Crimes?:
Presidential campaigns try to prepare for these “October surprises,” late-breaking events and crises that can radically alter the race for the White House, such as the attack on the USS Cole in October 2000.
But now there’s a new element in the mix, something presidential campaigns have never had to plan for.
What if the October surprise is the greatest legal conflict between America and Europe since the creation of the Atlantic alliance?
Don’t think it can’t happen. I think the arrest abroad of an American is only a matter of time and, between now and November, is at least as likely as another terrorist attack on U.S. soil. As a former Marine Corps Commandant, Gen. Paul X. Kelley, reminded the nation in a July 2007 Washington Post op-ed, written with a University of Virginia law professor: “Violations of Common Article 3 are ‘war crimes’ for which everyone involved — potentially up to and including the president of the United States — may be tried in any of the other 193 countries that are parties to the conventions.”
Courts in Italy and Germany already have issued warrants demanding the arrest of CIA operatives for illegally kidnapping and allegedly torturing citizens and residents of their nations. More than 30 U.S. citizens have been named, their CIA covers blown. These warrants have not been executed, primarily for diplomatic reasons. But they could be acted upon rapidly with a simple decision by either government.
And other names — of those directly involved in “enhanced interrogation techniques” — are starting to emerge overseas.
I don't buy it... but it's an interesting thought. I don't think European authorities would have the balls to hold someone like Rumsfeld or any another high-ranking official with intentions of trying them. It would be an international incident of epic proportions and the Bush administration wouldn't let it fly. Additionally, I don't think the charges would stick. Is this far-fetched or is it actually a possibility?