Editor:

I am pressing the town of Kennebunkport for a war crimes ordinance, which by its passage would say the town has a citizenry which opposes war crimes and gives local rights against them.

War crimes violate the common law of the United States and the common law of all States of the Union. There is universal jurisdiction to apprehend and prosecute war criminals wherever they might be found.

This means towns, states and countries have distinct authority to draft procedures concerning war criminals and act to either cite and prosecute them to some degree within their own jurisdictions, or refer them to other government levels for prosecution.

Of course this does not mean war criminals will not resist and fight not to be arrested and prosecuted, and even threaten lawsuits against those who might create such laws. This is a highly complex area and much is at stake for all concerned.

But, the raw legal fact is the common law, which is all the case precedent (judge made law) and all the customary (tradition) law that has existed since about the year 1000 AD in England, is the law of the U.S.

It is the law of each state, and it includes US treaties (UN Charter, Nuremberg Charter, Geneva Conventions, etc.), U.S. statutes (War Crimes Act of 1996; various anti-torture statutes), and international and US customary law (law adopted by its simple use) opposing war crimes.

Kennebunkport, or any other government, could cite any or all of these laws as a basis to prosecute a war crimes complaint within Kennebunkport’s own jurisdiction (let’s say for an ordinance against the travel of war criminals through Kennebunkport), or to refer an offender to a state or federal jurisdiction.

With the right federal support, a Kennebunkport ordinance might even permit the war criminal to be held for extradition to another country for trial, pursuant to a foreign warrant for arrest.

Legislators even at the town level – our own intrepid selectmen – could get very creative with the kinds of war crimes laws, laws they could pass, ranging from requiring that criminals have their photos posted in town to regulations on where criminals could live or work.

This is done for FBI most wanted (U.S. Post Office), deadbeat dads, child molesters and other dangerous criminals all the time, so I see no problem for war criminals. I suppose they would have to be convicted or at least have a warrant out for them to do some of these things.

The town officials of Kennebunkport have told me that they do not accept this power, even though I think we do have that power under state and federal common law.

We all know, for now, that no town, or agency of any kind, will attempt to arrest Bush and Cheney for war crimes today, even if the clear power exists to do so. However, this could quickly change, as economic conditions worsen and civil unrest grows. The bloom is off the rose bush.

I predict that the day will come, not long from now, when those who acted to stand apart from this president, and his approvers, will be regarded by future residents as appropriate, farsighted and upright defenders of the good of the town.

There may also be some in Kennebunkport who will resist more than most, to protect the Bush clan. I do not aim this charge at Bush Sr. who is also probably guilty of crimes, by his involvement in Iran-Contra. We’ll probably never know the full story of that entanglement.

We do know, however, that George W. Bush is accorded the status of a war criminal, which the UN Secretary, Kofi Annan, has declared, since he initiated wars of aggression as our “commander-in-chief.” Other countries have judged him to be such, and in 2006 he was indicted by the City of Dublin, Ireland.

Furthermore, we have discovered that there is, in fact, sufficient case law precedent for pursuing these charges on a municipal level.

It should be enough, though, to recognize that whether we have clear cut laws already on the books or whether we would have to create them that we should not tolerate war criminality. We should not harbor war criminals: it is unethical, it is shameful and it is wrong.

I hope residents will stand with me and sign onto the petition I will soon circulate in town, calling for a town ordinance to pursue the indictment of Bush and Cheney as war criminals.

Also, please attend the upcoming forum on April 9, at 9 a.m. in the Perkins House, 3 Mast Cove Lane, to discuss these issues of war and peace. For information, contact 207-967-0432.

Laurie Dobson

Kennebunkport

Maine’s Independent for U.S. Senate