Cross posted from The Stars Hollow Gazette
If upholding the law is too hard for Barack Obama and Eric Holder, then they are among the ranks of the accused torturers and should just resign.
UN Expert Calls For Prosecution Over U.S. Torture
All senior U.S. officials and CIA agents who authorized or carried out torture like waterboarding as part of former President George W. Bush’s national security policy must be prosecuted, top U.N. officials said Wednesday.
It’s not clear, however, how human rights officials think these prosecutions will take place, since the Justice Department has declined to prosecute and the U.S. is not a member of the International Criminal Court.
Zeid Raad al-Hussein, the U.N. high commissioner for human rights, said it’s “crystal clear” under international law that the United States, which ratified the U.N. Convention Against Torture in 1994, now has an obligation to ensure accountability. [..]
However, a Justice Department official said Wednesday the department did not intend to revisit its decision to not prosecute anyone for the interrogation methods. The official said the department had reviewed the committee’s report and did not find any new information that would cause the investigation to be reopened.
UN Official: Prosecute “Systematic Crimes and Gross Violations of International Human Rights Law”
Jim White, emptywheel
Ben Emmerson is the UN’s Special Rapporteur on counterterrorism and human rights. His statement released yesterday in response to the SSCI torture report points out the clear responsibilities that the US has under the Convention Against Torture and other international human rights laws to prosecute not only those who carried out torture, but those who designed the torture program and gave orders for its implementation. [..]
Emmerson doesn’t say that those responsible for the crimes should be brought to justice. He says outright that they MUST be brought to justice. Emmerson further points out that being authorized at a high level in the government gives no protection. Further, he notes a “conspiracy” to carry out the crimes.
Emmerson then goes on to destroy Barack Obama’s “look forward” bullshit and John Durham’s coverup disguised as an investigation:
International law prohibits the granting of immunities to public officials who have engaged in acts of torture. This applies not only to the actual perpetrators but also to those senior officials within the US Government who devised, planned and authorised these crimes.
As a matter of international law, the US is legally obliged to bring those responsible to justice. The UN Convention Against Torture and the UN Convention on Enforced Disappearances require States to prosecute acts of torture and enforced disappearance where there is sufficient evidence to provide a reasonable prospect of conviction. States are not free to maintain or permit impunity for these grave crimes.
Obama, Holder and Durham simply cannot grant immunity for these crimes. International law forbids it. More specifically, the Convention Against Torture, to which the US is a signatory, prohibits it. Similarly, the Convention on Enforced Disappearances also comes into play in the crimes committed by the US and also prevents the granting of immunity that Obama has tried to orchestrate.
Mark Udall Says The CIA Is Still Lying
By Matt Sledge, Huffington Post
The CIA is still lying about its post-9/11 torture program, even in the face of a devastating Senate report, Sen. Mark Udall (D-Colo.) said Wednesday.
In a dramatic floor speech during his final month in the Senate, Udall said the CIA’s lies have been aided and abetted by President Barack Obama’s White House and called on the president to “purge” his administration of CIA officials who were involved in the interrogation program detailed in the report.
“It’s bad enough to not prosecute these officials, but to reward and promote them is incomprehensible,” Udall said. “The president needs to purge his administration.”
Udall said the lies are “not a problem of the past,” citing the CIA’s response to the 6,000-page torture report. He said the agency took seven months to write a formal comment after the Senate Intelligence Committee approved the report in December 2012 — and when it did, it was full of lies and half-truths meant to justify the agency’s actions.
MSNBC’s “All In” host Chris Hayes questions Pres. Obama’s premise that we are a “nation of laws”