The International Committee of the Red Cross added its considerable authority and voice to those who have called the Bush interrogation policies torture under international law. Now, Bush officials, bar groups, countless experts, and leading international organizations have all agreed that Bush ran a torture program prohibited under a variety of treaties. Those treaties require the United States to investigate and prosecute such acts as war crimes. Yet, President Barack Obama continues to block any such investigation in flagrant violation of international law.
The International Red Cross is viewed as a definitive voice on such matters and issued a secret report that informed the Bush Administration that what it was doing was torture under international law.
The IRC was given access to 14 of the CIA’s “high-value” detainees after they were transferred in 2006 to Guantanamo Bay. One such detainee was Abu Zubaydah, a Palestinian man who ran Al Qaeda recruitment. Zubaydah said in the weeks after he was captured, he was shackled naked while listening to consistent music or static. He also says he had limited nourishment and was not allowed to sleep.
President Obama has insisted that “no one is above the law” but has refused to allow an investigation into a clear and knowing war crime by his predecessor. Under international law, such obstruction is itself a serious violation. Various senators and Bush officials have stated that, while Obama was pledging to guarantee that no one is above the law in such matters, he and Holder were assuring people privately that there would be no investigations into war crimes, here and here.
There is an obvious belief in the Administration that an investigation of President Bush and his aides would endanger the Democratic hold in Congress and the president reelection. The problem has been the relatively passive role of the mainstream media on the story. There is a clear obligation of the Obama Administration to investigate and prosecute these crimes. Yet, the media has treated this as largely a political story and have rarely raised it with the President or pushed him on how he can say that “no one is above the law” while preventing high-ranking officials from being criminally investigated, let alone prosecuted.
For the full story, click here.
We need a special prosecutor.
It would be nice, however, if when s/he gets to the end of it all, our efforts be not ‘all for naught’. The whole doughnut-not the hole, as it were.
I’d like to think the potential solution is actually less daunting and has become distorted around anxiety about the final grade, thereby inventing the pre-Pro-Yoo ‘policy-shaping-position vs. position-shaping-policy’ conundrum when the very action of the jigsaw itself will solve the puzzle. You really only need the exact outline.
Still, I have to agree, some of those emails would taste pretty sweet, too!
What’s so is so-everything else is just ‘the story’ about it.
This is still ‘war’, although not declared. The detainees are still human beings, although not POW’s. Those are tests – not whether you choose to declare them enemy combatants or DAAs
or our role as armed conflict or military force or vice versa.
http://www.time.com/time/magazine/article/0,9171,1101040621-650689,00.html
“…However, the Taliban did represent a nation state—one that was party to the conventions. Still, the Administration decided that, as John Yoo—a University of California law professor who while a Justice Department attorney wrote one of the primary memos—explained last week in a Los Angeles Times editorial, “the Taliban militia lost its right to prisoner-of-war status because it did not wear uniforms, did not operate under responsible commanders and systematically violated the laws of war…”
…”That month President Bush declared that U.S. soldiers would abide by the spirit of the Geneva Conventions but that neither Taliban nor al-Qaeda captives held in Guantanamo Bay would actually qualify as prisoners of war. The conclusion that al-Qaeda members were not subject to the treaty made sense to many international lawyers…”
Again, a couple of other sources:
George W. Bush, War Criminal? The Bush Administration’s Liability for 269 War Crimes
Michael Haas
Foreword by Benjamin B. Ferencz, Former Chief Prosecutor, Nuremberg Military Tribunals
Haas divides the 269 war crimes of the Bush administration into four classes: 6 war crimes committed in launching a war of aggression; 36 war crimes committed in the conduct of war; 175 war crimes committed in the treatment of prisoners; and 52 war crimes committed in postwar occupations.
For each of the 269 war crimes of the Bush administration, Professor Haas gives chapter and verse in precise but non-technical language, including the specific acts deemed to be war crimes, the names of the officials deemed to be war criminals, and the exact language of the international or domestic laws violated by those officials.
————–
‘A Thousand Lawyers’ Project begun December 2007… a/k/a
The American Lawyers Defending the Constitution statement, along with the list of 80 original signers, is available at
http://www.americanfreedomcampaign.org/lawyers. The statement is also pasted at the bottom of this release.
1,000+ Lawyers Launch Campaign Urging Conyers and Leahy to Vigorously Investigate Bush Administration Criminality
Contact: Steve Fox, American Freedom Campaign —
202-822-5200, x234
Buddha,
I wonder if yo’d have to file any special environmental permits to place Blair’s head atop London Tower.
CCD,
Thanks for making the contacts! There is something else which I’m trying to find the link to. It is a place where people who participated in torture at Gitmo may go and give testimony. I very much respect any person who would give this testimony. Also, there are inquiries in the UK which may be found by going to “The Guardian” and searching under torture inquiry. They are further along in the process–there’s a real fight to get this refered as a criminal matter to the police.
Obama’s fumbling around with War Crimes and the Economic Bailout may cause the people who voted for him to *make* the President and Congress get off their dumb asses and do their job. Maybe that is Obama’s intention: to spur the People into more active participation in Government.
Just as likely he is somewhat overwhelmed by the magnitude of monstrous evil brought about by the Cheney-Bush Administration, and their owners.
The people who controlled Cheney-Bush are still out there pulling strings and slaughtering innocents for power and profit.
Jill,
Other than Vince Bugliosi: http://www.prosecutegeorgebush.com/
are there any efforts under way to investigate other than congress? John Conyers and Patrick Leahy?
I’ve emailed the deans and one or more faculty at John Marshall, University of Chicago, Northwestern, Loyola, and DePaul law schools to stir the pot.
Thank you for the ideas.
CCD,
I read that info from Bob. I’m glad he posted it. I am speaking about compiling a list of publically available information on what clearly fits the category of war crimes. There is some of that in Bob’s information, but in this case, I’m hoping for a summary that sticks only with the war crimes. (This being for the sake of clarity.)
Buddha,
It is strange how “law and order” Republicans and some Democrats suddenly think the criminal justice system is all about vengence. Certainly much of our press thinks this. Of course that only applies to the people with power, everyone else, it’s about justice. ARRGGG!
Jill,
The only thing I can think of Obama needs cover from is the appearance of vendetta. Ask McCarthy how well that worked out for his political career after Murrow got done with him. As a Machiavellian practicality for a prolonged political career, that makes sense. But it’s time to do something, regardless of appearances, lest the rule of law goes right out the window.
Bob,
RE: Tony B.
Yep. He’s got it coming too. Maybe not head on stick coming, but a nice dark oubliette would be nice.
Jill,
“Assemble and print the information on war crimes, again, that is publically available”
Bob, Esq. has provided:
http://www.historycommons.org/timelines.jsp
http://www.historycommons.org/context.jsp?item=a240blameiraq#a240blameiraq
Buddha,
What about Tony Blair; don’t you think his head belongs atop London Tower too?
Sorry for double posts today. They didn’t appear to go through either time.
Here’s some possible ideas.
1. Hold a people’s hearing even if it’s in the basement of Congress or outside of Congress all together and assemble all the information that is publically available. Publish said information through buying space in the NYT and/or Washington Post.
2. Mother Jones magazine did an excellent timeline of events leading up to the invasion of Iraq. Perhaps they or some other magazine could assemble and print the information on war crimes, again, that is publically available. We would have to set up a fund for contributions to either/both endeavors.
3. Students at law schools could take information and prepare charges. Said charges should then be made public in the newspapers or magazines.
Other actions would consist of peaceful protest of every kind in order to convince obama that neither he, nor his predecessors is above the law.
Pakistan got their chief justice returned to the bench because the elite lawyers of their society marched. They did this even while the economic situation of their nation is in shambles. It is time for our elite lawyers to gather and march.
Just brainstorming but something must be done before it is too late.
Buddha,
Appalling and good for Kucinich.
Here’s some possible ideas.
1. Hold a people’s hearing even if it’s in the basement of Congress or outside of Congress all together and assemble all the information that is publically available. Publish said information through buying space in the NYT and/or Washington Post.
2. Mother Jones magazine did an excellent timeline of events leading up to the invasion of Iraq. Perhaps they or some other magazine could assemble and print the information on war crimes, again, that is publically available. We would have to set up a fund for contributions to either/both endeavors.
3. Students at law schools could take information and prepare charges. Said charges should then be made public in the newspapers or magazines.
Other actions would consist of peaceful protest of every kind in order to convince obama that neither he, nor his predecessors is above the law.
Pakistan got their chief justice returned to the bench because the elite lawyers of their society marched. They did this even while the economic situation of their nation is in shambles. It is time for our elite lawyers to gather and march.
Just brainstorming but something must be done before it is too late.
Buddha,
Appalling and good for Kucinich.
Sy Hersh has amazing inside contacts and has long track record of accurate reporting.
This information is to much if true. “head on a pike in front of the W H” is about right. Nice catch and slip BIL.
If we don’t have investigations, we aren’t wearing any cloths. I’m unsure if we are a nation of laws anymore. I adore the principles this country is founded on but we have lost our way.
oh, pardon me. My Freudian slip is showing. 😀
And this, THIS, is something that needs to be in the headlines, not buried beneath the fold.
Cheney’s alleged assassination squad.
http://www.huffingtonpost.com/2009/03/16/kucinich-to-investigate-e_n_175294.html
I want Dick’s in prison for what we know he did already, but if this is true, I want head on a pike in front of the White House.
Agreed.
If we cannot introduce Bush II, Cheney, and Rumsfeld to justice then we do not have justice any more in the USA.
http://www.washingtonpost.com/wp-dyn/content/article/2009/03/15/AR2009031501858.html
That’s just one roadblock too many, Obama. This is more equivocating bullshit on your part. Now you are rising to the level of co-conspirator to this Neocon evil.
PROSECUTE BUSH CO. NOW! There will be consequences for your failure to do so. And one term for you is the least of them.
What does Obama need cover from? Most of our population and most of the world’s population would like to see cheneybushco investigated/charged. He should appoint an independent prosecutor, about 4 weeks ago. The only way he will follow the law is with enough pressure by our people to make him do it. At this point, as JT has pointed out, he himself has violated our law. We (collectively) did not do enough as citizens to protest when bush spent 8 years violating the law. We have to learn from that experience. We now have another president who is willing to put himself above our law and the Constitution he took an oath to protect. If we keep on making excuse after excuse for what Obama is doing, he will keep doing it. If Obama has a “secret plan” then he will be happy for the pressure. If he does not, the pressure is important to let him know that this country will not tolerate another lawless president. We must stop this and stop it now. I don’t have much faith in our Congress steping forward to do the right thing. This leaves us, the people. We’re trained to believe we are weak and can do nothing. I don’t believe that for a second. It’s time for creative, non-violent mass protest. If we don’t grab back our govt. no one will.
I do believe that Bush and company will be investigated, but Obama will try to make sure that he is not the one directing or ordering the investigation. I think he is waiting for Congress to do something in that direction in order to give himself some political cover. I read the article that discussed the Red Cross report and it is additional documentation of the torture tactics used by the Bush Administration. These guys need to be in jail in leg irons and that includes Bush and Cheney and Rumsfield and others for authorizing the torture. The only way to stop this kind of action is to show the country and the world that we really do believe in the rule of law by investigating and prosecuting these war criminals.