No U.S. Laws are Broken When We Commit War Crimes?

Recently, the argument was made - by an absolute war hawk - that even if Obama did commit "war crimes", he didn't actually break any U.S. laws. This caused Jack to realize that he had foolishly said in previous episodes that after this System is destroyed and the new System is put in place, we can't retroactively apply new laws to old crimes due to due process violations. This was a ludicrous thing to say, of course. In this episode, we also discuss which laws can be made by the future System that can be applied retroactively. Of course, those laws will have to be very limited and restricted to only the most heinous of offenses.

As an afterthought, Jack wasn't at all prepared for Viktor's question about why international courts don't just try and convict American war criminals. For the full answer to that, the quote here is from the Wikipedia page on the American Service Members' Protection Act:

"The United States is not a member of the International Criminal Court (ICC). The Act authorizes the President of the United States to use "all means necessary and appropriate to bring about the release of any U.S. or allied personnel being detained or imprisoned by, on behalf of, or at the request of the International Criminal Court". This authorization led to the act being colloquially nicknamed "The Hague Invasion Act", as the act allows the President to order U.S. military action, such as an invasion of The Hague, where the ICC is located, to protect American officials and military personnel from prosecution or rescue them from custody."

Absolutely amazing!

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