DU Scholars: Can a President pardon war crimes and violations of international treaties?

[elehhhhna]

Anybody familiar w/ the law on this?

[bryant69]

1. I'm not an expert but I would guess that it would depend on the nature of the war crime

If it's a crime recognized by the Military and tried by the military the President can pardon I think. I think Lincoln is famous for having pardoned a soldier for desertion on the day he was assassinated?

Bryant
Check it out --> http://politicalcomment.blogspot.com

[hobbit709]

2. He can pardon so they won't be prosecuted under U.S. law

War criminals can still face trial in courts in other jurisdictions-such as The Hague or in the countries where the crimes were committed.

[conscious evolution]

4. This is correct

As a matter of fact if he issues pardons it automaticly gives the International Criminal Court jurisdiction.

[HereSince1628]

3. The US sought and recieved exception from the UN for the military

Not sure how long that will last as there were dates associated with it.

[Lobster Martini]

5. Best guess

This is from article 2, section 2 of the constitution:

...he shall have Power to grant Reprieves and Pardons for Offences against the United States...

"Offences against the United States" would seem to be the relevant part. Best guess--and bear in mind that I studied English, not law--is that the answer would be no.

[alfredo]

6. In the world you Yoo Logic he could say that war crimes committed

against Iraqis and others could be seen as crimes against the United States because of the repercussions against the US.

[Jack Rabbit]

7. The president's power to pardon is unlimited

So, yes, he can.

However, it only reaches to federal courts. Any duly constituted international tribunal or any nation that claims universal jurisdiction may have a crack at the alleged offenders, Mr. Rumsfeld has already had his travel plans affected.