The New York Times hosts a discussion of whether the Obama administration should investigate and prosecute war crimes committed by Bush officials. Amazingly, four of the five contributors point out that our treaty obligations compel meaningful investigations, while the fifth -- the only one to argue against investigations -- simply ignores that point, as anti-investigation advocates almost always do.
http://www.salon.com/opinion/greenwald/2009/03/02/executive_power/index.htmlMarch 2, 2009, 12:24 pm
A Truth Commission for the Bush Era?
By The Editors
* David Cole, Georgetown University Law Center
As a legal matter, we are compelled to investigate by the Convention Against Torture, a binding treaty, that requires its signatories to investigate and refer for possible prosecution credible evidence of torture under their jurisdiction.
* Kenneth Anderson, Hoover Institution
Politically, the push for a commission can only provoke Republicans into investigating and prosecuting those who carried out Obama administration policies - made during the escalating war in Afghanistan, for example — when they return to power.
* Michael Ratner, Center for Constitutional Rights
A criminal investigation and prosecution of the torture conspirators is a necessity, not a choice. As Maj. Gen. Antonio M. Taguba, who investigated the Abu Ghraib scandal for the Pentagon, declared in June 2008: “There is no longer any doubt as to whether the current (Bush) administration has committed war crimes. The only question that remains to be answered is whether those who ordered the use of torture will be held to account.”
* Margaret Satterthwaite, NYU School of Law
Together, these treaties embody the concept that no one — regardless of rank or position and regardless of the reason for the abuse — is above the law. Like all its peer countries, the United States has a duty to prosecute and punish individuals who ordered or engaged in the torture or inhumane treatment of detainees.
* Jenny S. Martinez, Stanford Law School
The Bush administration tried to justify its behavior with outlandish legal opinions that claimed extraordinary powers for the president to disobey laws passed by Congress and international treaties like the Geneva Conventions. Those actions continue to provide excuses for governments of other countries to engage in undemocratic behavior and violate human rights. It is not enough for the Obama administration to simply say that we are changing our policies going forward.
More at:
http://roomfordebate.blogs.nytimes.com/2009/03/02/a-truth-commission-for-the-bush-era/?hp
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