No Comment — February 7, 2011, 9:46 am

Bush Cancels Trip to Switzerland

Former president George W. Bush was slated to speak at a gala charity event in Geneva on February 12, supporting United Israel Appeal. This weekend, a Bush spokesman announced that the trip had been scrapped. He noted the “threat of demonstrations” associated with the event. Now it appears that Bush’s decision not to travel abroad may have had an entirely different basis.

Two victims of torture in U.S. detention have prepared a criminal complaint against Bush (PDF), backed by a coalition of international human rights groups, two former United Nations rapporteurs, and two Nobel Peace Prize laureates. The indictment appears to have been furnished to Geneva’s cantonal prosecutors with a request that they act on it by arresting the former president. There’s no indication that the Geneva criminal justice authorities would have taken such a step—which would have been certain to provoke a diplomatic incident between Switzerland and the United States. On the other hand, an attorney involved in the complaint stated that she had no doubt that Bush’s change in travel plans had to do with the criminal case against him. “Waterboarding is torture, and Bush has admitted, without any sign of remorse, that he approved its use,” said Katherine Gallagher, who works with the New York-based Center for Constitutional Rights and the Paris-based International Federation for Human Rights. “The reach of the Convention Against Torture is wide – this case is prepared and will be waiting for him wherever he travels next.”

A former head of state traveling abroad on private business does not automatically enjoy diplomatic immunity–as General Augusto Pinochet discovered in 1998, when he was arrested on torture charges during a visit to London. Diplomatic immunity can be arranged through an exchange of notes involving the foreign ministries involved, or, in the case of former U.S. officials, the State Department can obtain assurances that no police action will be taken during a planned visit. Such procedures have frequently been taken with respect to former Secretary of State Henry Kissinger, who is the subject of pending foreign criminal investigations in several nations and whose travel plans are greatly complicated by this fact. However, it appears that no such measures had been taken to protect Bush in connection with his planned charity appearance.

In November, as Bush’s memoirs first surfaced in press accounts, London’s Tory mayor Boris Johnson warned the former president that if he traveled to Europe, he needed to pack heavy, because he “may never see Texas again.” Johnson noted that Bush’s memoirs would cinch a torture indictment against him, because Bush takes credit for and justifies the decision to use torture techniques in his book. Johnson’s warning turns out to be more serious than most realized. Bush will have no problem traveling to authoritarian states like China or Saudi Arabia, but if he visits any of the 25 democracies that are party to the European extradition convention, or any of the Latin American nations that apply universal jurisdiction principles, he may face complications.

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

March 2015

A Sage in Harlem

= Subscribers only.
Sign in here.
Subscribe here.

The Man Stopped

= Subscribers only.
Sign in here.
Subscribe here.

The Spy Who Fired Me

= Subscribers only.
Sign in here.
Subscribe here.

Giving Up the Ghost

= Subscribers only.
Sign in here.
Subscribe here.

Invisible and Insidious

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
The Fourth Branch·

= Subscribers only.
Sign in here.
Subscribe here.

“Both the United States and the Soviet Union saw student politics as a proxy battleground for their rivalry.”
Photograph © Gerald R. Brimacombe/The LIFE Images Collection/Getty Images
Article
Giving Up the Ghost·

= Subscribers only.
Sign in here.
Subscribe here.

“Stories about past lives help explain this life — they promise a root structure beneath the inexplicable soil of what we see and live and know, what we offer one another.”
Illustration by Steven Dana
Article
The Spy Who Fired Me·

= Subscribers only.
Sign in here.
Subscribe here.

“In industry after industry, this data collection is part of an expensive, high-tech effort to squeeze every last drop of productivity from corporate workforces.”
Illustration by John Ritter
Article
No Slant to the Sun·

= Subscribers only.
Sign in here.
Subscribe here.

For the past three years my dosimeter had sat silently on a narrow shelf just inside the door of a house in Tokyo, upticking its final digit every twenty-four hours by one or two, the increase never failing — for radiation is the ruthless companion of time. Wherever we are, radiation finds and damages us, at best imperceptibly. During those three years, my American neighbors had lost sight of the accident at Fukushima. In March 2011, a tsunami had killed hundreds, or thousands; yes, they remembered that. Several also recollected the earthquake that caused it, but as for the hydrogen explosion and containment breach at Nuclear Plant No. 1, that must have been fixed by now — for its effluents no longer shone forth from our national news. Meanwhile, my dosimeter increased its figure, one or two digits per day, more or less as it would have in San Francisco — well, a trifle more, actually. And in Tokyo, as in San Francisco, people went about their business, except on Friday nights, when the stretch between the Kasumigaseki and Kokkai-Gijido-mae subway stations — half a dozen blocks of sidewalk, which commenced at an antinuclear tent that had already been on this spot for more than 900 days and ended at the prime minister’s lair — became a dim and feeble carnival of pamphleteers and Fukushima refugees peddling handicrafts.

One Friday evening, the refugees’ half of the sidewalk was demarcated by police barriers, and a line of officers slouched at ease in the street, some with yellow bullhorns hanging from their necks. At the very end of the street, where the National Diet glowed white and strange behind other buildings, a policeman set up a microphone, then deployed a small video camera in the direction of the muscular young people in drums against fascists jackets who now, at six-thirty sharp, began chanting: “We don’t need nuclear energy! Stop nuclear power plants! Stop them, stop them, stop them! No restart! No restart!” The police assumed a stiffer stance; the drumming and chanting were almost uncomfortably loud. Commuters hurried past along the open space between the police and the protesters, staring straight ahead, covering their ears. Finally, a fellow in a shabby sweater appeared, and murmured along with the chants as he rounded the corner. He was the only one who seemed to sympathize; few others reacted at all.

Photograph © Stuart Franklin/Magnum Photos
Article
Invisible and Insidious·

= Subscribers only.
Sign in here.
Subscribe here.

“Wherever we are, radiation finds and damages us, at best imperceptibly.”
Photograph © 2011 Massimo Mastrorillo and Donald Weber/VII

Number of U.S. congressional districts in which trade with China has produced more jobs than it has cost:

1

Young bilingual children who learned one language first are likelier than monolingual children and bilingual children who learned languages simultaneously to say that a dog adopted by owls will hoot.

An Oklahoma legislative committee voted to defund Advanced Placement U.S. History courses, accusing the curriculum of portraying the United States as “a nation of oppressors and exploiters.”

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

HARPER’S FINEST

Driving Mr. Albert

By

He could be one of a million beach-bound, black-socked Florida retirees, not the man who, by some odd happenstance of life, possesses the brain of Albert Einstein — literally cut it out of the dead scientist's head.

Subscribe Today