University Daily Kansan / Tuesday, January 22, 1991 5 International law silent on war-crimes prosecution The Associated Press WASHINGTON — U.S. accusations that Iraqi leaders are guilty of "war crimes" for mistreatment of downed American fliers raises visions of show trials such as the ones for Nazis at Nuremberg after World War II. But the Geneva Conventions have no provision for such trials. Neither does the United Nations or other international bodies. Through his such trials and retribution has generally been left to the war yinners. U. S. law does define war crimes, providing the death penalty for grave breaches of the international laws governing the conduct of war. "If we were to capture an Iraqi commander, he would fall under our jurisdiction as a prisoner of war and we could prosecute him," said David Scheffer, an international lawyer and Endowment of International Peace. But Scheffer and others say the United States would prefer a military commission. umbrena, to prevent embarrassment to its Arab coalition partners and to forestall anti-American hostility in the Arab world. Already, the United States is handling over Iraqi POWs to Saudi Arabia. But while U.S. law on war crimes is clear, there is no international legal code that defines such crimes. The United Nations can provide the authority to wage war, as it did for the allies against Iraq, but it lacks the legal code and court mechanism to punish war criminals. The international court established by the United Nations at The Hague is empowered only to deal with complaints between states, not with complaints by one state against individuals of another. Still, Scheffer said, "I don't see any reason why the United States and its allies couldn't create an ad hoc force in Iraqs like they did at Nuremberg." Aureoberg. The only time the United States joined in an international prosecution of war crimes was in Germany and Japan, where hundreds of people were put on trial starting in 1945 for offenses against the allies during World War II. The defendants ranged from top leaders of Nazi Germany for their roles in planning and carrying out the atrocities, down to soldiers whose defense was they were just carrying out orders. In 1946, the U.N. General Assembly adopted a resolution affirming the principles established by the Nuremberg tribunal, including those apply- ing to the treatment of POWs, and a U.N. commission endorsed the principles in 1950. But attempts by international lawyers to create a permanent U.N. court and code of laws for such crimes never got off the ground. International law, as defined by the 1949 Geneva Conventions, clearly provides for the protection of prisoners of war. "The sad part is there is the problem that a prisoner Drian, an international law professor at Georgetown University The International Red Cross said Iraq had violated the Geneva Conventions by threatening to use allied prisoners as "human shields" against enemy bombing and by showcasing weapons in a manner deemed humiliating. The United States, however, didn't hold back. But the organization, which is in charge of monitoring compliance with the Geneva accords, said its role was to force Iraq into war. Iraq's behavior as "war crimes." The U.S. Army's 1956 "Law of Land Warfare" defines a war crime as the technical expression for a violation of the law of war by any person or persons, military or civil justice in violation of the law is a war crime." The law incorporates the provisions of the Geneva accords on POWs. It says that "unlawful deportation or transfer or unlawful compulsion of a protected person" constitutes a grave breach of international law. Rights of POWs: Geneva Conventions Most nations, including the United States and Iraq, signed the 1949 Geneva Conventions to protect rights of prisoners of war. Basic rules: All captives must be disarmed, thoroughly searched and carefully guarded. All POWs must be treated humurally, without discrimination due to race, sex, religious belief or other reason. All POWs must be evacuated from battle area quickly and safely. Captured medical personnel and chaplains are not to be considered POWs; they must be allowed to carry on normal work. If questioned, POWs are required to give only name, age, rank and service number; they may not be forced to give other information. POWS cannot be tortured, executed without regular trial, subject to cruel or degrading treatment. - At the end of hostilities, POWs must be released and repatriated without delay. SOURCE: Defense Department Kuwaitis reflect on action in gulf war The Associated Press Saltoon Gholoom, the woman receiving the message from Kuwait, said one brother, a 26-year-old student, was shot in the head in front of his family's house after Iraq soldiers found a cache of arms in his garage. Her 40-year-old brother died of a heart attack after troops covered a machine gun in his car — a ticket to the firing squad. MANANA, Bahrain— The message was brief: Your brothers, fighters in the Kuwaiti resistance, are dead. Gholoom said the news did not shake her or even make her sad. Instead, she said the message, received the weekend after allied forces began a war for Kuwait, filled her with pride. Knight-Ridder Tribune News "The martyrs will go straight to heaven," said a family friend. Ali Juhail. "Death is good sometimes." "I prayed for their soul," said Mira, Gholoom, 38, a mother of six. "I used to think fighting wasn't necessary. Now I know to die like that is glorious. It was no waste, no nothing, I'd be harvy to die like that." Around the room of her temporary shelter yesterday — an unfinished concrete dwelling in a unfinished Bahraini neighborhood — her husband and fellow refugees nodded, murmuring over their tea. Many of Bahrain's 12,000 Kuwaitis inhabit a hardy development of semi-detached concrete houses called Hamad Town. At night, the air fills with the roar of U.S. Marine Corps jets, fighting the Iraqi occupation. Kuwait's contribution to its own defense has been minimal. About three brigades of questionable military effectiveness, 15 Mirage F-1 fighters, 20 Skyhawk fighter bombers, some helicopter gunships and 30-40 tanks escaped the country after Iraq's lightning invasion. Indeed, most of the blood spilled for Kuwait will not be Kuwaiti. It will be from larger armies among the U.S.led Alliance of 28 nations. But among many refugee families and among Kuwaitis as a whole, what one Western diplomat called "a burden to die," appears to be emerging. "People said we were weak but after this crisis we will emerge stronger," said Abdul Rahman, a 66-year old father of seven boys who has two sons in the army. "It's a lesson to me to stay strong and for the rest of our history." Kuwait's history as an independent country goes back only 30 years — the export of oil, the mainstay of its economy, only 45. KU expands recycling program 9 weeks for only $75^{00}$ (Jan. 14 -- March 18) WOMEN -- 1 Sem. only $50⁰⁰ Spring Break Special Dao said he hoped to continue expanding the program so there could be one barrel on every residence-hall floor along with bins for newspaper collection. "A lot of the residence halls are doing their own recycling and collecting for funds for activities." Dao said. "It doesn't matter where the money goes as long as those cans don't go into landfills." 10 tans for $25 Since then, the campus has collected 3.477 pounds of aluminum cans and 51,000 pounds of newspaper, said Phil Endacott, associate director of facilities operations. Dao said the association purchased nine barrels for the halls, each costing $50. Facilities operations cost about $291,864. Endacott said that 50 recycling boxes were donated to the University of Kansas by Alcoa, a national aluminum-processing corporation that has a division in Wichita. Come see our NEW line of tanning beds 535 Gateway Dr. 842-4966 Aimee Hall, student-body vice president and a member of the KU Recycling Task Force, said members of the task force hoped to keep developing the programs this semester and encouraging students to continue recycling on campus and at home. IMPORTANT The recycling program began in January 1990 when bins were placed in campus buildings for recycling aluminum cans. In August, the campus dumped temporarily with a bin for collecting newspapers. "Students can do a lot on the short-term level." Hall said. "But it's important to have a long-term plan so that when these students are gone, we can still make an impact." By Katie Chipman Kansan staff writer Hieu Dao, a representative of the Association of University Residence Halls on the task force, said a big step had been taken last semester by placing the yellow barrels in residence halls. KU jumped on the recycling bandwagon last semester with the installation of new programs on campus and in residence halls. Meeting of the year for Tonight 7 p.m. Speaker: John Kiefer President of Kief's Record and Stereo Supply Enrollment figures show little change Spring enrollment figures at KU show little change from a year ago, according to a report issued Friday by University Relations. --newspaper recycling. Kansan staff report "We want to find a steady market and get another bin for recycling newspapers," she said. KU has about 50 barrels throughout the buildings on campus. The number of students enrolled in courses at the Lawrence campus and in off-campus courses decreased from last spring's 2,343 to 1,857. The number of students enrolled in Medical Center increased by 78 students to 2,344. Focus: Retail Marketing Strategies Everyone Invited University officials said that the first-day enrollment statistics were preliminary and that official enrollment for the spring semester would be calculated after the 20th day of classes. Hall said the emphasis this semester would be on Opening-day enrollment was 25,644 students, according to the report. That is a decline of 53 Association of Collegiate Entrepreneurs This is the most for more info call Brian 864-4533 YOU DON'T NEED A COUPON! Legal Services for Students --sporting goods, inc. Appointment Necessary 148 Burge (Union) (913) 864-5665 15 E. 8th Legal Services Available Free With Valid KU ID New & Used CD's, Records, & Tapes Incense - Tapestries - Tie Dyes - Subway posters BUY - SELL - TRADE 3 records or tapes for $10 All CD's only $8 Mixer 7 p.m. Kansas Union Jaybowl-Level 1-Kansas Union-864-3545 Varsity Mixer 7 n m Mixer 7 p.m. Friday sporting goods, inc. 843-4191 731 Massachusetts Lawrence, Kannas 60444 francis Guys'n Dolls 7 p.m. T.G.I.F. 4 p.m. Billiards Video Games Bowling Billiards Video Games Intramural basketball sale specials Jan. 16 - 31 if priced more than $60, TAKE $10 OFF if priced less than $60, TAKE $ 5 OFF Every basketball shoe: Tank tops Russell Athletic Because life is not a spectator sport." were NOW Reebok Because life is not a spectator sport. Reversible tank tops were NOW Russell Athletic $14 $10 $9 $7 Welcome to our team...we're up to your game. Open Monday through Saturday, 9:00 to 5:30 Lettering and numbering available. 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