Rumsfeld target of war crimes-related lawsuit

German prosecutors already declined to investigate a more limited suit in 2005, arguing that it was up to the U.S. to hold any inquiry and that there were no indications U.S. authorities or courts would refrain from doing so.

Since then, there have been "no efforts in the United States to go up the chain of command — they've basically been given impunity from any investigation or prosecution," said Michael Ratner, president of New York's Center for Constitutional Rights, which is behind the litigation.

Renewed effort
The attorneys think they have a better case this time, armed with documents from 2005 congressional hearings on the al-Qahtani case. They argue that Rumsfeld's resignation last week means prosecutors may be under less political pressure to shun the case.

Karpinski says she did not know about prisoner abuse and asserts that higher-ups encouraged cruel treatment. She said the now-notorious photos of prisoners being degraded in Abu Ghraib were staged at the behest of interrogators and were intended for use in pressurizing other prisoners.

Interrogation techniques were changed "incrementally over time to prevent people from seeing what was actually approved and permitted," she said.

"When they thought that Janis Karpinski was getting too close to uncovering this information or these events, they took me out of the equation."

Others also named
In addition to Rumsfeld, the suit names U.S. Attorney General Alberto Gonzales, former CIA Director George Tenet, former commander of all U.S. forces in Iraq Lt. Gen. Ricardo Sanchez and eight others, alleging that they either ordered, aided, or failed to prevent war crimes.

The lawyers said the case could not be brought with the International Criminal Court, because the United States is not a member, and could not be pursued through the U.N. because the U.S. has veto power.

Kaleck said the suit's backers would appeal if prosecutors refuse to take up the case, and raised the prospect of further attempts in other European countries.

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