Campaigners file 'torture' suit against Rumsfeld

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Campaigners file 'torture' suit against Rumsfeld

Fri Oct 26, 10:07 PM ET

PARIS (AFP) - French, US and German rights groups said Friday they had filed suit for "torture" against ex-US defence secretary Donald Rumsfeld, currently in Paris, for his role in the Iraq war and the US "war on terror".

Around 20 campaigners gave Rumsfeld a rowdy welcome as he arrived for a breakfast meeting in Paris, yelling "murderer", waving a banner and trying to push into the building, according to the organisers, a political magazine.

The International Federation of Human Rights (FIDH), the French League for Human Rights (LDH), the US Center for Constitutional Rights (CCR) and Germany's European Center for Constitutional and Human Rights (ECCHR) filed the joint suit before a Paris prosecutor on Thursday.

They accuse Rumsfeld of being "personally responsible for authorising and ordering the carrying out of acts of torture" in the Abu Ghraib jail in Iraq, and US base in Guantanamo, Cuba, during his time as defence secretary from 2001 to 2006, according to lawyer Patrick Baudouin.

"From the moment Donald Rumsfeld sets foot on French territory, he falls within French jurisdiction with regard to the 1984 New York convention against torture," said Baudouin.

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Donald Rumsfeld: The War Crimes Case

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Rumsfeld had come under fire from many quarters, not the least of which was a gaggle of military officers who had been clamoring for his resignation. Bush said he decided to oust Rumsfeld before Tuesday's voting but lied to reporters so it wouldn't affect the election. Putting aside the incredulity of that claim, Bush likely waited to see if there would be a changing of the legislative guard before giving Rumsfeld his walking papers. If the GOP had retained control of Congress, Bush would probably have retained Rumsfeld. But in hindsight, Bush has to wish he had ejected Rumsfeld before the election to demonstrate a new direction in the Iraq war to angry voters.

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Donald Rumsfeld was one of the primary architects of the Iraq war. On September 15, 2001, in a meeting at Camp David, Rumsfeld suggested an attack on Iraq because he was deeply worried about the availability of "good targets in Afghanistan." Former Treasury Secretary Paul O'Neill reported that Rumsfeld articulated his hope to "dissuade" other nations from "asymmetrical challenges" to U.S. power. Rumsfeld's support for a preemptive attack on Iraq "matched with plans for how the world's second largest oil reserve might be divided among the world's contractors made for an irresistible combination," Ron Suskind wrote after interviewing O'Neill.

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Prosecuting a war of aggression isn't Rumsfeld's only crime. He also participated in the highest levels of decision-making that allowed the extrajudicial execution of several people. Willful killing is a grave breach of the Geneva Conventions, which constitutes a war crime. In his book, Chain of Command: The Road from 9/11 to Abu Ghraib, Seymour Hersh described the "unacknowledged" special-access program (SAP) established by a top-secret order Bush signed in late 2001 or early 2002. It authorized the Defense Department to set up a clandestine team of Special Forces operatives to defy international law and snatch, or assassinate, anyone considered a "high-value" Al Qaeda operative, anywhere in the world. Rumsfeld expanded SAP into Iraq in August 2003.

But Rumsfeld's crimes don't end there. He sanctioned the use of torture and cruel, inhuman and degrading treatment, which are grave breaches of the Geneva Conventions, and thus constitute war crimes. Rumsfeld approved interrogation techniques that included the use of dogs, removal of clothing, hooding, stress positions, isolation for up to 30 days, 20-hour interrogations, and deprivation of light and auditory stimuli. According to Seymour Hersh, Rumsfeld sanctioned the use of physical coercion and sexual humiliation to extract information from prisoners. Rumsfeld also authorized waterboarding, where the interrogator induces the sensation of imminent death by drowning. Waterboarding is widely considered a form of torture.

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Marjorie Cohn, a professor at Thomas Jefferson School of Law, is president of the National Lawyers Guild, and the U.S. representative to the executive committee of the American Association of Jurists. Her new book, Cowboy Republic: Six Ways the Bush Gang Has Defied the Law, will be published this spring by PoliPointPress.

November 9, 2006

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