William J. Haynes, II
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Major General, US Army.
[edit] War Crimes Prosecution
In November, 2006, the German government received a complaint seeking the prosecution of Mr. Haynes for alleged war crimes. The complaint alleges that during his tenure legally responsibel for the US torture programs. [1]
Other co-defendants include: Donald H. Rumsfeld, George Tenet, Stephen Cambone, Ricardo S. Sanchez, Geoffrey Miller, Walter Wojdakowski, Thomas M. Pappas, Barbara Fast, Marc Warren, Alberto Gonzales, David Addington, and John Yoo.
The plaintiff's legal strategy for the prosecution of Mr. Haynes and his co-defendant lawyers is to attempt to use the precedent of the Nuremberg trials, where German jurists whose legal work was complicit in Nazi atrocities were prosecuted. See United States of America vs. Josef Altstötter, et. al., 6 Law Reports of Trials of War Criminals 1 (1947)(U.S.M.T. Nuremberg), commonly referred to as the Judges' Trial or the Justice Trial. In 1947, the American military tribunal at Nuremberg convicted a group of lawyers for complicity in international crimes for their role in enacting and enforcing laws and decrees that permitted crimes against humanity, including torture. None of the defendants in the Judges’ Trial were charged with a crime against a particular person. They were charged with complicity in an organized system of cruelty, which they had fostered in their role as lawyers. “The dagger of the assassin was concealed beneath the robe of the jurist.” [2]
