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No lawyer is going to take that passage to mean the United States cedes sovereignty to a World Court.

The Executive is charged with the defense of the nation according to interpretations. The Executive will simply argue that the role as Commander in Chief supercedes the role of Congress.

Further, in terms of the Constitution, Congress has no power to "prosecute" anyone. That is the Judiciary's job.

No. The Hague can say whatever it wants, Congress will ignore it. Further, under US law, acts of Congress or Executive Orders supercede international law. Therefore, you can say Bush broke some international law, but if he did, it was done with an Executive Order or an act of Congress which automatically nullifies any international law. Therefore, the Hague has no case.

Therefore, you can only perhaps try him under domestic law if you can come up with a case. Since the OLC and Congress have pretty much backed up every action that was taken, there is no case to be had.

<blockquote data-quote="BigRob" data-source="post: 81554" data-attributes="member: 628">No lawyer is going to take that passage to mean the United States cedes sovereignty to a World Court.&nbsp; The Executive is charged with the defense of the nation according to interpretations.&nbsp; The Executive will simply argue that the role as Commander in Chief supercedes the role of Congress.&nbsp; Further, in terms of the Constitution, Congress has no power to &quot;prosecute&quot; anyone.&nbsp; That is the Judiciary&#039;s job. No.&nbsp; The Hague can say whatever it wants, Congress will ignore it.&nbsp; Further, under US law, acts of Congress or Executive Orders supercede international law.&nbsp; Therefore, you can say Bush broke some international law, but if he did, it was done with an Executive Order or an act of Congress which automatically nullifies any international law.&nbsp; Therefore, the Hague has no case.&nbsp; Therefore, you can only perhaps try him under domestic law if you can come up with a case.&nbsp; Since the OLC and Congress have pretty much backed up every action that was taken, there is no case to be had.</blockquote>

[QUOTE="BigRob, post: 81554, member: 628"] No lawyer is going to take that passage to mean the United States cedes sovereignty to a World Court. The Executive is charged with the defense of the nation according to interpretations. The Executive will simply argue that the role as Commander in Chief supercedes the role of Congress. Further, in terms of the Constitution, Congress has no power to "prosecute" anyone. That is the Judiciary's job. No. The Hague can say whatever it wants, Congress will ignore it. Further, under US law, acts of Congress or Executive Orders supercede international law. Therefore, you can say Bush broke some international law, but if he did, it was done with an Executive Order or an act of Congress which automatically nullifies any international law. Therefore, the Hague has no case. Therefore, you can only perhaps try him under domestic law if you can come up with a case. Since the OLC and Congress have pretty much backed up every action that was taken, there is no case to be had. [/QUOTE]

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