No Comment — January 21, 2009, 8:21 am

UN Rapporteur: Initiate criminal proceedings against Bush and Rumsfeld now

In an interview on Tuesday evening with the German television program “Frontal 21,” on channel ZDF Professor Manfred Nowak, the United Nations Rapporteur responsible for torture, stated that with George W. Bush’s head of state immunity now terminated, the new government of Barack Obama was obligated by international law to commence a criminal investigation into Bush’s torture practices.

“The evidence is sitting on the table,” he stated. “There is no avoiding the fact that this was torture.” He pointed to the U.S. undertakings under the Convention Against Torture in which the country committed that it would criminally prosecute anyone who tortured, or extradite the person to a state that would prosecute him. “The government of the United States is required to take all necessary steps to bring George W. Bush and Donald Rumsfeld before a court,” Nowak said.

Manfred Nowak, an internationally renowned law professor at the University of Vienna, currently serves as an independent expert for the United Nations looking at allegations of torture affecting member states. In 2006, he undertook a special investigation of conditions at the U.S. detention facilities at Guantánamo in which he concluded that practices approved by the Bush Administration violated human rights norms, including the prohibition against torture.

The ZDF piece also includes an interview with attorney Wolfgang Kaleck, who brought charges against Rumsfeld before German prosecutors. He states that the Obama administration is “off to a good beginning” with its explicit renunciation of torture, but it still has not shown how it will hold Bush, Rumsfeld, and others to account for their crimes, nor has it demonstrated its legally obligated duty to provide compensation to torture victims.

Law professor Dietmar Herz clarifies that under U.S. and international law, George W. Bush bears personal responsibility for the introduction of torture. From the point of his departure from office, head of state immunity terminates, and under clear principles of international law, the United States is obligated to commence a criminal investigation and then a prosecution.

Share
Single Page

More from Scott Horton:

Conversation August 5, 2016, 12:08 pm

Lincoln’s Party

Sidney Blumenthal on the origins of the Republican Party, the fallout from Clinton’s emails, and his new biography of Abraham Lincoln

Conversation March 30, 2016, 3:44 pm

Burn Pits

Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.

Context, No Comment August 28, 2015, 12:16 pm

Beltway Secrecy

In five easy lessons

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

United States Canada

CATEGORIES

THE CURRENT ISSUE

October 2016

Innocents

= Subscribers only.
Sign in here.
Subscribe here.

The Quiet Car

= Subscribers only.
Sign in here.
Subscribe here.

Psychedelic Trap

= Subscribers only.
Sign in here.
Subscribe here.

The Hamilton Cult

= Subscribers only.
Sign in here.
Subscribe here.

Held Back

= Subscribers only.
Sign in here.
Subscribe here.

Division Street

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
The Hamilton Cult·

= Subscribers only.
Sign in here.
Subscribe here.

"The past is complicated, and explaining it is not just a trick, but a gamble."
Illustration by Jimmy Turrell
Article
Division Street·

= Subscribers only.
Sign in here.
Subscribe here.

"Perfectly sane people lose access to housing every day, though the resultant ordeal may undermine some of that sanity, as it might yours and mine."
Photograph © Robert Gumpert
Article
Held Back·

= Subscribers only.
Sign in here.
Subscribe here.

"'We don’t know where the money went!' a woman cried out. 'They looted it! They stole our money!'"
Artwork by Mischelle Moy
Article
The Quiet Car·

= Subscribers only.
Sign in here.
Subscribe here.

Flor Arely Sánchez had been in bed with a fever and pains throughout her body for three days when a July thunderstorm broke over the mountainside. She got nervous when bolts of light flashed in the sky. Lightning strikes the San Julián region of western El Salvador several times a year, and her neighbors fear storms more than they fear the march of diseases — first dengue, then chikungunya, now Zika. Flor worried about a lot of things, since she was pregnant.

Late in the afternoon, when the pains had somewhat eased, Flor thought she might go to a dammed-up bit of the river near her house to bathe. She is thirty-five and has lived in the same place all her life, where wrinkled hills are planted with corn, beans, and fruit trees. She took a towel and soap and walked out into the rain. Halfway to the river, the pains returned and overcame her. The next thing Flor remembers, she was in a room she didn’t recognize, unable to move. As she soon discovered, she was in a hospital, her ankle cuffed to the bed, and she was being investigated for abortion.

Photograph by Joshua Lutz
Article
Innocents·

= Subscribers only.
Sign in here.
Subscribe here.

"The next thing Flor remembers, she was in a room she didn’t recognize, unable to move. As she soon discovered, she was in a hospital, her ankle cuffed to the bed, and she was being investigated for abortion."
Photograph © Nadia Shira Cohen

Average duration of a Japanese prime minister’s tenure since August 1993, in months:

16

Brain shrinkage has no effect on cognition.

An Indianapolis fertility doctor was accused of using his own sperm to artificially inseminate patients, and a Delaware man pleaded guilty to fatally stabbing his former psychiatrist.

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

HARPER’S FINEST

Mississippi Drift

By

Matt was happy enough to sustain himself on the detritus of a world he saw as careening toward self-destruction, and equally happy to scam a government he despised. 'I’m glad everyone’s so wasteful,' he told me. 'It supports my lifestyle.'

Subscribe Today