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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.
More from Scott Horton:
Six Questions — October 18, 2014, 8:00 pm
Nathaniel Raymond on CIA interrogation techniques.
I recently spent a semester teaching writing at an elite liberal-arts college. At strategic points around the campus, in shades of yellow and green, banners displayed the following pair of texts. The first was attributed to the college’s founder, which dates it to the 1920s. The second was extracted from the latest version of the institution’s mission statement:
The paramount obligation of a college is to develop in its students the ability to think clearly and independently, and the ability to live confidently, courageously, and hopefully.
Let us take a moment to compare these texts. The first thing to observe about the older one is that it is a sentence. It expresses an idea by placing concepts in relation to one another within the kind of structure that we call a syntax. It is, moreover, highly wrought: a parallel structure underscored by repetition, five adverbs balanced two against three.
Percentage of Britons who cannot name the city that provides the setting for the musical Chicago:
An Australian entrepreneur was selling oysters raised in tanks laced with Viagra.
A naked man believed to be under the influence of LSD rammed his pickup truck into two police cars.
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“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.”