The case for an international tribunal [View All]

[Jack Rabbit]

Inspired by this thread.

The Torturer's Apprentice
by Ray McGovern
TomPaine.com, Thursday September 7

Bush in jeopardy? Yes. The issue is torture, which George W. Bush authorized in a Feb. 7, 2002, memorandum in contravention both of the Geneva Accords and 18 U.S. Code 2441, the War Crimes Act that incorporates the Geneva provisions into the federal criminal code which was approved by a Republican-led Congress in 1996. Heeding the advice of Vice President Dick Cheney’s counsel, David Addington, then-White House counsel Alberto Gonzales and Assistant Attorney General Jay Bybee, the president officially opened the door to torture in that memorandum. His remarks yesterday reflect the determination of Cheney and Bush to keep that door open and accuse those who would close it of being "soft on terrorists."

Ray McGovern is right. These are violations of international law and truly heinous acts. These are war crimes, but so was the invasion of Iraq itself.

For many years, I have been advocating that Bush, Cheney, Gonzales and others should be indicted for war crimes and tried in federal court; in addition to that, if the United States is unwilling or unable to prosecute, then an international tribunal for war crimes in Iraq and crimes against humanity arising out of the war on terror should be established for that purpose.

No act of Congress can legalize torture. No act of Congress can say that waterboarding, setting dogs on detainees, stress positions, or sleep or sensory deprivation isn't covered by the Convention against Torture, to which the US is a party. No act of Congress by legalize "extraordinary rendition", which is explicitly prohibited by the convention. And no pronouncement by any tyrant can make torture an effective interrogation tool; any information obtained under such duress is naturally unreliable.

No act of Congress can make a secret tribunal a legitimate court of justice. No act of Congress can deny the ability of a defendant in a criminal case the right to call witnesses, cross examine witnesses against him, examine the evidence against him or freely consult with his attorney and call that acceptable due process. And no pronouncement by any tyrant, whether he came to power through a coup d'etat, a rigged election and judicial manipulation or even a legitimate free and fair election, will change that.

If Congress passes what Mr. Bush proposes, it will be a sign to the world that the US has turned its back on human rights and international humanitarian law. An international tribunal will be the last resort to bring the rogues of the Bush Regime to justice; the convening of such a tribunal would be an appropriate response.