Virtually every Western democracy has ratified the treaty of the International Criminal Court, except the United States. Bush knows that the Court will eventually prosecute leaders for the crime of aggression. Mindful that he and his officials could become defendants, Bush renounced the Court, and extracted bilateral immunity agreements from more than 80 countries.

This year, however, Bush unsuccessfully sought to ram through the Security Council an immunity resolution that would exempt U.S. personnel from the Court's jurisdiction. But shortly after the photographs of U.S. torture of Iraqi prisoners emerged, the Council refused to put its imprimatur on preferential treatment for the United States.

Bush knows that the Court will also punish war crimes. Pursuant to policies promulgated by Bush and Rumsfeld, U.S. forces have engaged in widespread torture and inhuman treatment of prisoners in Iraq, Afghanistan, and Guantánamo Bay, Cuba. Bush admitted in his 2003 State of the Union address that he had sanctioned summary executions of suspected terrorists.

Torture, inhuman treatment, and willful killing are grave breaches of the Geneva Conventions, treaties ratified by the United States. Grave breaches of Geneva are considered war crimes under our federal War Crimes Act of 1996. American nationals who commit war crimes abroad can receive life in prison, or even the death penalty if the victim dies. Under the doctrine of command responsibility, a commander can be held liable if he knew or should have known his inferiors were committing war crimes and he failed to prevent or stop them.

The first U.S. attack on Fallujah, last April, killed 900-1000 people, mostly noncombatants. It was conducted in retaliation for the killing and mutilation of the bodies of four Blackwater Security Consulting mercenaries. Collective punishment against an occupied population for offenses committed by others also violates the Geneva Conventions.

Bush has sought to cover his crimes by putting an Iraqi face on his brutal war. The New York Times reported: "Thousands of Iraqi troops have moved into position with their American counterparts and are expected to take part ... American soldiers are to do most of the fighting on the way in, clearing the way for the Iraqi security forces to take control once the insurgents are defeated. With this method, Iraqi and American leaders hope for the best of both worlds: American muscle and an Iraqi face."

If Bush were a student of history, he would realize that Iraqization, like Vietnamization, will fail to win the hearts and minds of the Iraqi people.

Working hand-in-glove with the U.S. government, interim puppet prime minister Iyad Allawi helped to soften up the rebels by declaring martial law throughout most of Iraq. His authority came from legislation the human rights minister characterized as "very similar to the Patriot Act of the United States." It enables Allawi to conduct extensive surveillance, impose cordons and curfews, limit freedom of movement and association, and freeze bank accounts and seize assets.

"Iraqi confidence in the interim government has plummeted in recent months as the insurgency in Falluja and elsewhere has gained in strength and lethality," according to The New York Times.

And although foreign Islamic extremists have joined the fight, most resisting the American occupation are Iraqi. "Didn't the Americans bring with them the British and the Italians?" asked Suhail al Abdali. "Well, we have multinational forces, too," he said wryly. Then al Abdali added, "They will pay the price with the blood of American sons who came to occupy Iraq. They won't take Fallujah unless they fight street to street, house to house."

Twenty-six prominent Saudi scholars and preachers wrote in an open letter to the Iraqi people: "The U.S. forces are still destroying towns on the heads of their people and killing women and children. What's going on in Iraq is a result of the big crime of America's occupation of Iraq." They stressed that armed attacks by militant Iraqi groups on U.S. troops and their allies in Iraq represent "legitimate resistance."

"The attack on Fallujah is an illegal and illegitimate action against civilians and innocent people," said the Association of Muslim Scholars, an influential Sunni clerics group. "We denounce this operation which will have a grave consequence on the situation in Iraq," declared spokesman Mohammed Bashar al-Faidhi.

Baghdad University political science professor Salman al-Jumaili warns, "What happens in Fallujah will spread out across other Sunni cities, including Baghdad." Al-Jumaili expects the Fallujah offensive will spin out of control, with fighting hop-scotching from one town to the next.

A senior U.S. diplomat agrees. "I would never tell you that violence in Sunni areas won't get worse when you open up a battle," he told the Los Angeles Times, on condition of anonymity.

"They are very loath to reconsider actions in the wake of the Sept. 11 attacks," said Jillson, a professor at Southern Methodist University. "The message is, the president never approved of torture, but the question is, did you play with the definition so that almost nothing qualified as torture?"

Scott Silliman, a former Air Force lawyer who heads the Center on Law, Ethics and National Security at Duke University, said Gonzales made an important point about keeping some discussion classified. But he said recent reports of widespread abuses should require congressional oversight.

"With all the reports out now, and all the confusion and ambiguity over what is allowed, Congress has to find a way to deal with this," Silliman added, suggesting closed hearings to examine what's allowed and what isn't.