The fact that they’re doing this now does seem to indicate they’re, oh, a little concerned about November’s midterms, doesn’t it?

The Bush administration has drafted amendments to a war crimes law that would eliminate the risk of prosecution for political appointees, CIA officers and former military personnel for humiliating or degrading war prisoners, according to U.S. officials and a copy of the amendments.

Officials say the amendments would alter a U.S. law passed in the mid-1990s that criminalized violations of the Geneva Conventions, a set of international treaties governing military conduct in wartime. The conventions generally bar the cruel, humiliating and degrading treatment of wartime prisoners without spelling out what all those terms mean.

The draft U.S. amendments to the War Crimes Act would narrow the scope of potential criminal prosecutions to 10 specific categories of illegal acts against detainees during a war, including torture, murder, rape and hostage-taking.

Left off the list would be what the Geneva Conventions refer to as “outrages upon [the] personal dignity” of a prisoner and deliberately humiliating acts — such as the forced nakedness, use of dog leashes and wearing of women’s underwear seen at the U.S.-run Abu Ghraib prison in Iraq — that fall short of torture.

“People have gotten worried, thinking that it’s quite likely they might be under a microscope,” said a U.S. official. Foreigners are using accusations of unlawful U.S. behavior as a way to rein in American power, the official said, and the amendments are partly meant to fend this off.

Just for a moment, let’s leave aside the idea that “humilation” of prisoners is the worst these people have done. I do like that little comment about “foreigners” using accusations of unlawful U.S. behavior as “a way to rein in American power.”

Let’s look at that one.

Have ungrounded (or hard-to-prove) accusations of unlawful U.S. behavior ever had much of an impact on America’s exercise of power? Not to my memory. Legitimate accusations, well, that’s a whole other kettle of fish. And when the Europeans have exhausted all other avenues in their attempts to talk reason to American leaders, is it really so horrible that they say, “Now you need to face the consequences”?

As one prominent Republican once said, “Where’s the shame?”

They no longer have any. The people who sold themselves as The Grownups, the Responsible Ones, have shown themselves absolutely incapable of ever admitting their mistakes - and thus, learning from them.

May the ghosts of every person killed in their little experiment haunt them through eternity.

UPDATE: Another blogger says he doesn’t think there’s any real concern about this. Oh, really?

May 17 - The White House’s top lawyer warned more than two years ago that U.S. officials could be prosecuted for “war crimes” as a result of new and unorthodox measures used by the Bush administration in the war on terrorism, according to an internal White House memo and interviews with participants in the debate over the issue.

The concern about possible future prosecution for war crimes—and that it might even apply to Bush adminstration officials themselves— is contained in a crucial portion of an internal January 25, 2002, memo by White House counsel Alberto Gonzales obtained by NEWSWEEK. It urges President George Bush declare the war in Afghanistan, including the detention of Taliban and Al Qaeda fighters, exempt from the provisions of the Geneva Convention.

In the memo, the White House lawyer focused on a little known 1996 law passed by Congress, known as the War Crimes Act, that banned any Americans from committing war crimes—defined in part as “grave breaches” of the Geneva Conventions. Noting that the law applies to “U.S. officials” and that punishments for violators “include the death penalty,” Gonzales told Bush that “it was difficult to predict with confidence” how Justice Department prosecutors might apply the law in the future. This was especially the case given that some of the language in the Geneva Conventions—such as that outlawing “outrages upon personal dignity” and “inhuman treatment” of prisoners—was “undefined.”

And here’s another piece that appeared recently in Alternet:

Perhaps no person on the planet is better equipped to identify and describe our crimes in Iraq than Benjamin Ferenccz, a former chief prosecutor of the Nuremberg Trials who successfully convicted 22 Nazi officers for their work in orchestrating death squads that killed more than one million people in the famous Einsatzgruppen Case. Ferencz, now 87, has gone on to become a founding father of the basis behind international law regarding war crimes, and his essays and legal work drawing from the Nuremberg trials and later the commission that established the International Criminal Court remain a lasting influence in that realm.

Ferencz’s biggest contribution to the war crimes field is his assertion that an unprovoked or “aggressive” war is the highest crime against mankind. It was the decision to invade Iraq in 2003 that made possible the horrors of Abu Ghraib, the destruction of Fallouja and Ramadi, the tens of thousands of Iraqi deaths, civilian massacres like Haditha, and on and on. Ferencz believes that a “prima facie case can be made that the United States is guilty of the supreme crime against humanity, that being an illegal war of aggression against a sovereign nation.”