Legal Action vs Rumsfeld Seen as Unlikely
January 28, 2005
German court officials have rejected claims in the daily newspaper Tagesspiegel Friday that German federal prosecutor Kay Nehm would not seek to try Rumsfeld because no Germans were victims of the US troop offences at the notorious prison near Baghdad.
"We have yet to decide whether or not to pursue the charge," said a federal court spokesman Thursday.
But the paper reported that under current law, Nehm could only take action if Germans were suspected of committing crimes or of being the victims of crimes.
On November 30, an international legal team filed a criminal complaint in Berlin against Rumsfeld and other senior US officials over the abuses.
The German factor
The New York-based Center for Constitutional Rights (CCR) and Berlin's Republican Lawyers' Association said they and four Iraqi citizens mistreated by US soldiers were seeking a probe by German prosecutors of US policy-makers.
They said they had chosen Germany because of its Code of Crimes Against International Law, introduced in 2002, which grants German courts universal jurisdiction in cases involving war crimes or crimes against humanity.
The CCR said that the four Iraqis it was representing had been victims of mistreatment including electric shock, severe beatings, sleep and food deprivation and sexual abuse while in US custody.
"Frivolous lawsuits"
Rumsfeld was scheduled to take part in an international security conference in the southern city of Munich next month, but pulled out due to prior commitments amid speculation he was snubbing Germany over the possible legal action.
In December, the Pentagon expressed concern over the criminal complaint and warned that "frivolous lawsuits" could affect broader US-German relations.
According to Human Rights Watch, two investigations have shown that Rumsfeld's policies on interrogation had contributed to torture and abuse in both Iraq and Afghanistan.
"But the investigators lacked the mandate -- or the independence -- to draw the obvious conclusions regarding the political or legal responsibility of Rumsfeld or others who approved illegal tactics," the group said last week.