No Comment — April 22, 2009, 9:06 am

NATO Allies Preparing to Go After Bush Officials on Torture

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.

Share
Single Page

More from Scott Horton:

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

From the June 2014 issue

The Guantánamo “Suicides,” Revisited

A missing document suggests a possible CIA cover-up

Get access to 164 years of
Harper’s for only $39.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

February 2015

The War of the World

= Subscribers only.
Sign in here.
Subscribe here.

The Sharp Edge of Life

= Subscribers only.
Sign in here.
Subscribe here.

The Great Republican Land Heist

= Subscribers only.
Sign in here.
Subscribe here.

Captive Market

= Subscribers only.
Sign in here.
Subscribe here.

The Day of the Sea

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
The Great Republican Land Heist·

= Subscribers only.
Sign in here.
Subscribe here.

“The wholesale transfer of public lands to state control may never be achieved. But the goal might be more subtle: to attack the value of public lands.”
Photograph by Chad Ress
Article
The Sharp Edge of Life·

= Subscribers only.
Sign in here.
Subscribe here.

“The struggle of the novelist has been to establish a measure, a view of human nature, and usually, though not always, as large a view as belief and imagination can wring from observable facts.”
Photo by Eddie Adams/Associated Press
Article
Captive Market·

= Subscribers only.
Sign in here.
Subscribe here.

"Fear of random violence lives on, but the reality is that violent-crime rates have dropped to levels not seen since the early Seventies."
Photograph by Richard Ross
Article
The Day of the Sea·

= Subscribers only.
Sign in here.
Subscribe here.

“Fifteen judges will then sit together in a wood-paneled room, in a city thousands of miles from the Andes, and decide whether the ocean Bolivia claims as its right will at last be returned to it.”
Photo by Fabio Cuttica/Contrasto/Redux
Post
The Art of Outrage·

= Subscribers only.
Sign in here.
Subscribe here.

Illustration by Art Spiegelman

Estimated total calories members of Congress burned giving Bush’s 2002 State of the Union standing ovations:

22,000

A fertility scientist named Panayiotis Zavos announced that he had created human-cow embryos that were theoretically viable, but denied that he planned to allow such a hybrid to be implanted in a woman’s womb. “We are not trying to create monsters,” he said.

A statistician determined that the five most common first names among New York City taxi drivers are Md, Mohammad, Mohammed, Muhammad, and Mohamed.

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

HARPER’S FINEST

In Praise of Idleness

By

I hope that after reading the following pages the leaders of the Y. M. C. A. will start a campaign to induce good young men to do nothing. If so, I shall not have lived in vain.

Subscribe Today