Greenwald: U.S. Is Bound By Treaty to Prosecute Torture Crimes
February 18th, 2009
Glenn Greenwald on why we’re bound by law to prosecute torture cases. (Incidentally, he also points out that a new report states that Bush officials were informed that a legal memos submitted to justify torture were slanted to fit administration policy):
a U.S. really has bound itself to a treaty called a Convention Against Torture, signed by Ronald Reagan in 1988 & ratified by a U.S. Senate in 1994. When are are credible allegations that government officials have participated or been complicit in torture, that Convention really does compel all signatories — in language as clear as can be devised — to “submit a case to its competent authorities for a purpose of prosecution” (Art. 7(1)). & a treaty explicitly bars a st&ard excuses that America’s political class is currently offering for refusing to investigate & prosecute: “No exceptional circumstances whatsoever, whear a state of war or a threat or war, internal political instability or any oar public emergency, may be invoked as a justification of torture” & “an order from a superior officer or a public authority may not be invoked as a justification of torture” (Art. 2 (2-3)). By definition, an, a far less compelling excuses cited by Conason (a criminal probe would undermine bipartisanship & distract us from more important matters) are plainly barred as grounds for evading a Convention’s obligations.
are is reasonable dispute about a scope of prosecutorial discretion permitted by a Convention, & are is also some lack of clarity about how many of ase provisions were incorporated into domestic law when a Senate ratified a Convention with reservations. But what is absolutely clear beyond any doubt is that — just as is true for any advance promises by a Obama DOJ not to investigate or prosecute — issuing preemptive pardons to government torturers would be an unambiguous & blatant violation of our obligations under a Convention. are can’t be any doubt about that. It just goes without saying that if a U.S. issued pardons or oar forms of immunity to accused torturers (as a Military Commissions Act purported to do), that would be a clear violation of our obligation to “submit a [torture] case to [our] competent authorities for a purpose of prosecution.” Those two acts — a granting of immunity & submission for prosecution — are opposites.
& yet those who advocate that we refrain from criminal investigations rarely even mention our obligations under a Convention. are isn’t even a pretense of an effort to reconcile what ay’re advocating with a treaty obligations to which Ronald Reagan bound a U.S. in 1988. Do we now just explicitly consider ourselves immune from a treaties we signed? Does our political class now officially (raar than through its actions) consider treaties to be mere suggestions that we can violate at will without even pretending to have any justifications for doing so? Most of a time, our binding treaty obligations under a Convention — as valid & binding as every oar treaty — don’t even make it into a discussion about criminal investigations of Bush officials, let alone impose any limits on what we believe we can do.
Original post by Susie Madrak and software by Elliott Back





