No Comment — January 19, 2009, 1:58 pm

Overseas, Expectations Build for Torture Prosecutions

America’s closest allies overseas never understood the Bush Administration’s obsession with torture. “It’s as if an old friend had a stroke and suddenly went delusional,” a British Tory politician told me. And as the final hours of the Bush presidency tick down, the expectation builds in Europe that Obama will do the right thing. That would, of course, be to prosecute the Bush Administration figures responsible for introducing torture as a matter of formal policy. As they all point out, this is what the United States formally committed to do when it adopted the Convention Against Torture, which was largely the product of American advocacy to begin with.

From a column published today in the Süddeutsche Zeitung, Germany’s leading news daily (my translation):

The departing American president is leaving his successor not only foreign and domestic problems, but also a perplexing juridical legacy. During the election campaign the question was already being debated: how would the Obama administration act with respect to the prosecution of Bush Administration figures involved in the torture of suspects held in the war on terror. In April 2008, Obama stated that after a thorough investigation of the facts by the Justice Department a decision would be reached as to whether this was simply stupid policy or something more sinister which approached the level of criminal conduct. In his latest interview with ABC, he clarified that with respect to national security matters he would rather look forward than backwards into the past. However, he noted, if someone had broken the law, this would have consequences since no one stands above the law.

No matter how things proceed, this marks a break with the prior broad public debate and with Obama’s prior comments. For the first time in U.S. history serious political and legal attention is being dedicated to whether a departing president and his administration have committed crimes of torture and whether individuals should be held to account under criminal law. This is noteworthy and laudable.

In the leading Francophone daily of Belgium, Le Soir, the paper offers several pages of analysis of the basis for a criminal prosecution of Bush administration figures on account of their introduction of torture policies, under the banner headline “Bush Faces Possible Prosecution.”

In France, public radio offers a detailed dissection of a potential criminal prosecution of Donald Rumsfeld and other Bush Administration officials through an interview with Michael Ratner of the Center for Constitutional Rights. (I was also interviewed for the program.)

Barack Obama and his advisors need to recognize that the prosecutions will occur. The only issue now is whether America will face the additional humiliation of having the prosecutions brought by our closest allies because we lack the moral strength and resolve ourselves to do what is necessary.

Share
Single Page

More from Scott Horton:

From the April 2015 issue

Company Men

Torture, treachery, and the CIA

Six Questions October 18, 2014, 8:00 pm

The APA Grapples with Its Torture Demons: Six Questions for Nathaniel Raymond

Nathaniel Raymond on CIA interrogation techniques.

No Comment, Six Questions June 4, 2014, 8:00 am

Uncovering the Cover Ups: Death Camp in Delta

Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp

Get access to 165 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

July 2015

Dressed to Kill

= Subscribers only.
Sign in here.
Subscribe here.

Wrong Prescription?

= Subscribers only.
Sign in here.
Subscribe here.

Travel Day

= Subscribers only.
Sign in here.
Subscribe here.

Fugue State

= Subscribers only.
Sign in here.
Subscribe here.

One Day Less

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
Avian Voices·

= Subscribers only.
Sign in here.
Subscribe here.

“The mockingbird’s bath is an orgy of thrashing and writhing about. When he has finished, one of the innocents alights on the rim of the basin and looks with disbelief at the thimble of water remaining.”
Illustration by Eric Hanson
[Browsings]
Before the War·

= Subscribers only.
Sign in here.
Subscribe here.

“I’m worried that what the Houthis did to push Yemen into a civil conflict in September 2014, the Saudis may end up doing again when they end their campaign by eliminating the Houthis.”
Photograph by Alex Potter
Article
The Speakeasy·

= Subscribers only.
Sign in here.
Subscribe here.

“In order to understand how Marty’s could survive as an institution, I returned a year after my first visit to spend a week at what was sure to be the world’s bleakest comedy club.”
Photograph by Mike Slack
Post
The Lost Land·

= Subscribers only.
Sign in here.
Subscribe here.

“I had first encountered some of these volumes—A Swiftly Tilting Planet, The Giver—as a child, and during adolescence, they registered as postcards from a homeland recently abandoned.”
Photograph by the author
Article
Wrong Prescription?·

= Subscribers only.
Sign in here.
Subscribe here.

“Whatever the slogans suggested, the A.C.A. was never meant to include everyone.”
Illustration by Taylor Callery

Estimated chance, worldwide, that a father is unknowingly raising another man’s child:

1 in 25

A Spanish design student created a speech-recognition pillow into which the restive confide their worries, which are then printed out in the morning.

The mayor of Sacramento filed for a restraining order against the City of Sacramento.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Subways Are for Sleeping

By

“Shelby is waiting for something. He himself does not know what it is. When it comes he will either go back into the world from which he came, or sink out of sight in the morass of alcoholism or despair that has engulfed other vagrants.”

Subscribe Today