SIGN IN to access Harper’s Magazine
1. Sign in to Customer Care using your account number or postal address.
2. Select Email/Password Information.
3. Enter your new information and click on Save My Changes.
Subscribers can find additional help here. Not a subscriber? Subscribe today!
It’s not just Spain, apparently. The Washington Post’s Craig Whitlock finds that “European prosecutors are likely to investigate CIA and Bush administration officials on suspicion of violating an international ban on torture if they are not held legally accountable at home.”
Some European countries, under a legal principle known as universal jurisdiction, have adopted laws giving themselves the authority to investigate torture, genocide and other human rights crimes anywhere in the world, even if their citizens are not involved. Although it is rare for prosecutors to win such cases, those targeted can face arrest if they travel abroad. Martin Scheinin, the U.N. special investigator for human rights and counterterrorism, said the interrogation techniques approved by the Bush administration clearly violated international law. He said the lawyers who wrote the Justice Department memos, as well as senior figures such as former vice president Richard B. Cheney, will probably face legal trouble overseas if they avoid prosecution in the United States.
One point on which the European lawyers all agree: the release on Thursday of a set of Justice Department memoranda explicitly approving a series of torture techniques including waterboarding will make prosecution in European courts into child’s play. The Europeans also all agree on another thing: the United States has a duty to investigate and prosecute these cases, and they would all prefer that it do so.
A contrary view comes in the current Newsweek from the dynamic duo of Evan Thomas and Stuart Taylor. In their last joint effort (“What Would Cheney Do?”), they attempted to persuade readers that Barack Obama was going to “do the right thing” and continue all the national security policies of Dick Cheney, starting with the use of plenty of rough stuff with prisoners. The series of pointed attacks that Cheney subsequently launched on the Obama administration well reflects the accuracy of this prediction. This week they take on Yale law dean Harold Koh, attacking his conclusion that the Iraq War was unlawful–although it’s now difficult to find international lawyers with a different view on this point, including most of those who initially supported it. For the Newsweek pair, the fact that there was no basis for the claimed threat of WMDs apparently makes no difference and can’t be allowed to stand in the way of the Bush Doctrine. This sort of thinking has little following in the country outside of a handful of Beltway chatterboxes. Koh’s real sin according to the Newsweek writers is that he “could erode American democracy and sovereignty” by supporting adherence to international law. They ridicule the notion of universal jurisdiction for war crimes. But Thomas and Taylor miss some fundamental points, starting with the fact that no nation historically has been a more enthusiastic or aggressive advocate of universal jurisdiction than the United States, a point reinforced yesterday when a Somali teenager was hauled before a federal court in New York for acts of piracy. The prohibitions on piracy and the enforcement of the laws of war are the historical lynchpins of the universal jurisdiction concept.
More from Scott Horton:
Conversation — August 5, 2016, 12:08 pm
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
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.
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.
Average number of new microwave food products introduced every day In 1987:
Cocaine addicts prefer $500 in cash now to $1,000 worth of cocaine later.
Scientists in the Galápagos Islands credited an endangered giant tortoise named Diego with saving his species by fathering more than 800 offspring.
Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!
“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.'”