The New Republic
Travel Advisory by Scott Horton
The U.S. isn't likely to try Bush administration officials for war crimes--but it's likely that a European country will.
Post Date Thursday, June 19, 2008
http://www.tnr.com/politics/story.html?id=597957fd-6bbf-4d02-b29f-3dbd35176038Tuesday's Senate Armed Services Committee hearing provided the latest evidence that top Bush administration officials directed the use of torture techniques on detained suspected terrorists. Three panels of witnesses traced the use of highly coercive techniques back to the high echelons of the administration. The day ended with the grilling of William J. Haynes II, the former general counsel of the Department of Defense and a protégé of Cheney's chief of staff David Addington, who is now widely viewed as the "station master" of the administration's torture policy. And in April, ABC News reported that officials including Dick Cheney, Colin Powell, and Donald Rumsfeld had held a series of meetings to discuss the use of specific torture techniques on detained suspect terrorists. The ABC report amplified earlier stories which said the decision to destroy videotapes of interrogations of suspects in CIA captivity involved four senior White House lawyers and other senior figures.
At the same time, Philippe Sands's new book The Torture Team reveals the falsity of White House claims that the push to introduce torture techniques came from interrogators in the field. Sands demonstrates that the decision to use techniques like waterboarding came from the top, and tracks the elaborate scheme to make it appear that the practices began with a request from Guantánamo.
(snip)
Is it likely that prosecutions will be brought overseas? Yes. It is reasonably likely. Sands's book contains an interview with an investigating magistrate in a European nation, which he describes as a NATO nation with a solidly pro-American orientation which supported U.S. engagement in Iraq with its own soldiers. The magistrate makes clear that he is already assembling a case, and is focused on American policymakers. I read these remarks and they seemed very familiar to me. In the past two years, I have spoken with two investigating magistrates in two different European nations, both pro-Iraq war NATO allies. Both were assembling war crimes charges against a small group of Bush administration officials. "You can rest assured that no charges will be brought before January 20, 2009," one told me. And after that? "It depends. We don't expect extradition. But if one of the targets lands on our territory or on the territory of one of our cooperating jurisdictions, then we'll be prepared to act."
Viewed in this light, the Bush Administration figures involved in the formation of torture policy face no immediate threat of prosecution for war crimes. But Colin Powell's chief of staff, Colonel Larry Wilkerson, nails it: "Haynes, Feith, Yoo, Bybee, Gonzales and--at the apex--Addington, should never travel outside the U.S., except perhaps to Saudi Arabia and Israel. They broke the law; they violated their professional ethical code. In the future, some government may build the case necessary to prosecute them in a foreign court, or in an international court." Augusto Pinochet made a trip to London, and his life was never the same afterwards.
The Bush administration officials who pushed torture will need to be careful about their travel plans.
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