Stripping Rumsfeld and Bush of Impunity - The Progressive

by Matthew Rothschild

When Lieutenant General Ricardo Sanchez testified before the Senate Armed Services Committee last year, he was asked whether he "ordered or approved the use of sleep deprivation, intimidation by guard dogs, excessive noise, and inducing fear as an interrogation method for a prisoner in Abu Ghraib prison." Sanchez, who was head of the Pentagon’s Combined Joint Task Force-7 in Iraq, swore the answer was no. Under oath, he told the Senators he "never approved any of those measures to be used."...

The Bush Administration’s legal troubles don’t end with Sanchez or Gonzales. They go right to the top: to Secretary of Defense Donald Rumsfeld and President Bush himself. Both Human Rights Watch and Amnesty International USA say there is "prima facie" evidence against Rumsfeld for war crimes and torture. And Amnesty International USA says there is also "prima facie" evidence against Bush for war crimes and torture. (According to Random House Webster’s Unabridged Dictionary, "prima facie evidence" is "evidence sufficient to establish a fact or to raise a presumption of fact unless rebutted.")

Amnesty International USA has even taken the extraordinary step of calling on officials in other countries to apprehend Bush and Rumsfeld and other high-ranking members of the Administration who have played a part in the torture scandal.

Foreign governments should "uphold their obligations under international law by investigating U.S. officials implicated in the development or implementation of interrogation techniques that constitute torture or cruel, inhuman, or degrading treatment," the group said in a May 25 statement. William Schulz, executive director of Amnesty International USA, added, "If the United States permits the architects of torture policy to get off scot-free, then other nations will be compelled" to take action.

The Geneva Conventions and the torture treaty "place a legally binding obligation on states that have ratified them to exercise universal jurisdiction over persons accused of grave breaches of the Geneva Conventions," Amnesty International USA said. "If anyone suspected of involvement in the U.S. torture scandal visits or transits through foreign territories, governments could take legal steps to ensure that such individuals are investigated and charged with applicable crimes."

When these two leading human rights organizations make such bold claims about the President and the Secretary of Defense, we need to take the question of executive criminality seriously.

And we have to ask ourselves, where is the accountability? Who has the authority to ascertain whether these high officials committed war crimes and torture, and if they did, to bring them to justice?...

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