Can Holder Ignore the Red Cross Report? Can Obama?

Can Holder Ignore the Red Cross Report? Can Obama?
by buhdydharma
Mon Mar 16, 2009 at 06:28:00 PM PDT

From the Washington Post:

The International Committee of the Red Cross concluded in a secret report that the Bush administration's treatment of al-Qaeda captives "constituted torture," a finding that strongly implied that CIA interrogation methods violated international law, according to newly published excerpts from the long-concealed 2007 document.
http://www.washingtonpost.com/wp-dyn/content/article/2009/03/15/AR2009031502724.html

Well first, isn't that a bit paradoxical, WaPo? Torture DOES violate international law. Period. So since (no longer if after this report) The Bush Torture Program did torture, the report doesn't "imply" that international laws against torture were broken......it says so...

...But here is the crux of the issue, as far as justice for those in the Bush Administration who ordered the torture....and for those who are currently responsible under the law to pursue that legal justice.

"It could not be more important that the ICRC explicitly uses the words 'torture' and 'cruel and degrading,' " Danner said in a telephone interview. "The ICRC is the guardian of the Geneva Conventions, and when it uses those words, they have the force of law."

He discounted the possibility that the detainees fabricated or embellished their stories, noting that the accounts overlap "in minute detail," even though the detainees were kept in isolation at different locations.

Let us repeat that.

"The ICRC is the guardian of the Geneva Conventions, and when it uses those words, they have the force of law."

The ICRC the most authoritative of the international agencies that inspect and determine whether abuses of the Conventions have occurred. That is why governments allow them to monitor it. They (goverments) are required by the Conventions, which are legally binding to the signatories, to allow them (ICRC) to monitor and determine whether torture or other abuses have occurred.

It has determined torture has occurred.

Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts.

That would be Attorney General Holder. He is obliged, under the Geneva Conventions to bring torturers before the courts

The ICRC is the entity that determines if torture has occurred.

Now, the ICRC has determined that torture has occurred.

The ICRC has alleged in this report, according to their role, that torture has occurred.

Which means that the The Bush Torture Program did officially violated international laws against torture and has officially violated the Geneva Convention.

Let's pound that nail home for Attorney General Holder. The United States Government officially tortured, according to the agency that officially determines whether torture has or has not occurred. Torture is officially illegal, officially a crime, officially a Geneva Convention violation, which we are officially obligated to uphold by the Constitution. The Attorney General of the United States is officially obligated to investigate and prosecute crimes.

Can the Attorney General then ignore this official report?

Can the President allow the Attorney General to do so?

And then the final question. At what point does ignoring an official report of torture become being an accessory to torture by "covering it up" through not investigating and prosecuting based on an official report?

The evidence and reports continue to mount. So far the DOJ, to all appearances, has ignored these reports and evidence. Now there is an allegation of torture by the very agency that is tasked with that function. Will this too be ignored?

At what point does legal inaction ....become illegal complicity?

Mr. Holder?

http://www.dailykos.com/story/2009/3/16/191454/468/557/709327

When I heard here the other day about the Red Cross, the RED CROSS, is calling it torture, that's the best condemnation yet.

Don't forget to pressure Congress as well. They also have a lot of power, but will prefer to ignore things if they are allowed to.

well said.

the world will do nothing

bush will live a peaceful life in his gated community until he`s called to his maker.

is all the immunity the Bush cabal will ever need.

"us committed to the geneva conventions.."

http://www.abc.net.au/news/newsitems/200406/s1141272.htm

"geneva conventions are vague"

http://www.worldproutassembly.org/archives/2006/09/geneva_conventi.html

even though not rocking the boat would be so much easier. It's too late.

that said I count on them becoming accessories

There is more... torture has universal jurisdiction and no term limits

Hell of a thought huh?

but most importantly, it strongly signifies someone wanted it out there, and the accompanying pressure to go with it.

more here: http://www.google.com/hostednews/afp/article/ALeqM5i89OLskgDYt1Skzlr_Z4LoMcGYrA

K & R

This is now an International Problem.
If the US won't stand up, the International Community of Civilized Nations should.
They may never be able to bring Bush & Co. to justice, but they could and should issue an International Arrest Warrant for WAR CRIMES., and establish a large bounty for their arrest.

That would put a nice bow on the Bush Legacy, AND serve as a warning to future Unitary Executives.

Where is the outrage? Mr. Attorney General? Mr. President? Hello???

Camaros get great gas mileage, just ask any car nut!

Failure to act makes them compicit.

I still believe that Obama will address this issue, because there is no moral 'middle ground' on these issues.

No, they can't. But my guess is they will anyway. I know it is early to be thinking about his legacy, especially given the mess he inherited, but if he never makes an attempt to have the Bush/Cheney criminals held accountable, that may end up being his legacy.

Obama doesn't want to "criminalize policy differences".

Torture is simply a "policy difference", any *real* politician knows this.

I believe the Obama Administration has dragged their feet just long enough. I am referring to the "torture memos" written by Yoo in March of 02. I believe for him to be charged it has to be done within the next two weeks.

This is INTERNATIONAL...beyond the scope of our judicial system. Read Bender's story and you'll see these crimes were coordinated on a global scale and are open violations of the Geneva conventions. This report sure looks written with an eye to the UN and World Court taking action. While AG Holder needs to investigate the abuses in this country, that's just a part of a bigger picture. My hope is that if and when an international inquiry is begun, the Obama administration cooperates.

Professor Mark Danner, who goes over a secret report conducted by the International Committee of the Red Cross.

http://www.c-span.org/Watch/watch.aspx?ProgramId=HP-A-41159

Hope others will listen.

Currently being discussed here:
http://www.democracynow.org/

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if these fuckers are not prosecuted - the United States will be looked upon as total douches by the rest of the world.

Unfuckingbelievable.

and should be treated as such.