The Amendment of the War Crimes Act

Abstract

There are many important aspects to the 2006 Military Commissions Act, most of which are covered in the contributions of others to this Agora. I will focus on the amendments made by the Act to the earlier War Crimes Act, which set forth criminal sanctions for various violations of international humanitarian law. These amendments, which were ostensibly designed to remove ambiguities in the existing law, have the effect of raising questions about United States implementation of the 1949 Geneva Conventions that need to be resolved by the executive branch or, if necessary, by further action of Congress.