The delegates gathered in Boston for the Democratic convention are now reported to be overwhelmingly opposed to the war in Iraq. But if their belated opposition is to change the policy of a future Kerry administration, it will require a return to respect for the law.
The delusion that officeholders know better than the law is an occupational hazard of the powerful and one to which those of an imperial cast of mind are especially prone. Checks and balances - the constitutional underpinning of the democratic idea that no one individual can be trusted with unlimited power - are there to keep such delusions under control.
The Abu Ghraib photographs awakened many in the US to the abuses that lie beneath the rhetoric of the global war on terror but the institutions responsible have not taken the message on board. On the day the Congressional report into 9/11 was published, another document was quietly released - a military report that exonerated the high command for the Abu Ghraib abuses. The implications go beyond Abu Ghraib: without a repudiation of the administration's actions, there will be no remedy for the even more sinister treatment of the unknown number of prisoners not captured on camera - those who have been kidnapped and disappeared by US forces across the world.
Under military order No 1, issued by President Bush in November 2001, the president gave himself the right, in defiance of national and interna tional law, to detain indefinitely any non-US citizen anywhere in the world. Many ended up in Guantánamo where at least some of their names were discovered. Others simply vanished. They became in the US euphemism, "ghost prisoners", an unrecorded host held in secret, their detention denied, hidden from the Red Cross, legal or family access barred, their fate in the hands of unaccountable and unnamed US personnel.
http://www.guardian.co.uk/Columnists/Column/0,5673,1270541,00.html