prosecuting war crimes

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Paul Krugman and Glenn Greenwald agree on the necessity of investigating and prosecuting the torturing Bushies. (After all, torture is still a war crime.) Krugman takes issue with Obma's recent assertion "we need to look forward as opposed to looking backwards" and concludes:

...while it's probably in his short-term political interests to forgive and forget, next week he's going to swear to "preserve, protect, and defend the Constitution of the United States." That's not a conditional oath to be honored only when it's convenient.

And to protect and defend the Constitution, a president must do more than obey the Constitution himself; he must hold those who violate the Constitution accountable. So Mr. Obama should reconsider his apparent decision to let the previous administration get away with crime. Consequences aside, that's not a decision he has the right to make.

Greenwald provides plenty of prosecutory ammunition en route to his conclusion:

The Bush administration authorized, ordered and practiced torture. The U.S., under Ronald Reagan, legally obligated itself to investigate and prosecute any acts of torture committed by Americans (which includes authorization of torture by high level officials and also includes, under Article 3 of the Convention, acts of "rendering" detainees to countries likely to torture, as the Bush administration unquestionably did).

[...]

International treaties which the U.S. signs and ratifies aren't cute little left-wing platitudes for tying the hands of America. They're binding law according to the explicit mandates of Article VI of our Constitution. Thus, there simply is no way to (a) argue against investigations and prosecutions for Bush officials and simultaneously (b) claim with a straight face to believe in the rule of law, that no one is above the law, and that the U.S. should adhere to the same rules and values it attempts to impose on the rest of the world.


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This page contains a single entry by cognitivedissident published on January 19, 2009 10:06 PM.

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