Berkeley has become the first public entity in the United States to endorse the possibility of prosecuting former Secretary of Defense Donald Rumsfeld in Germany for war crimes, but the liberal city balked at joining the case as a co-plaintiff.

The City Council early Wednesday unanimously passed a resolution supporting a criminal prosecution being sought in Germany against Rumsfeld and his associates in connection with torture at Abu Ghraib and Guantanamo Bay prisons.

After some debate, the council — on the advice of the city manager and city attorney — modified the original resolution from the Peace and Justice Commission, which called for Berkeley to join about three dozen international nonprofits as co-plaintiffs.

The council was advised that city staff did not have the time or expertise to take on a German legal matter and that Berkeley might expose itself to financial or legal liability by joining the suit, which was filed under Germany’s universal human rights jurisdiction.

The compromise resolution refrains from making Berkeley a co-plaintiff, but expands the city’s support for the German suit to “any tribunal with jurisdiction over the matter, whether such legal proceedings are pursued in this country or abroad.”

“We sent a very strong progressive message that at least one American city is willing to stand up to the Bush administration,” said Councilman Kriss Worthington. “And we did not risk taxpayers’ money by becoming a co-plaintiff. So it was progressive and prudent.”

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