Ex-UN prosecutor: Bush may be next up for International Criminal Court

Ex-UN prosecutor: Bush may be next up for International Criminal Court
Stephen C. Webster

An ex-UN prosecutor has said that following the issuance of an arrest warrant for the president of Sudan, former US President George W. Bush could -- and should -- be next on the International Criminal Court's list.

The former prosecutor's assessment was echoed in some respect by United Nations General Assembly chief Miguel d'Escoto Brockmann of Nicaragua, who said America's military occupation of Iraq has caused over a million deaths and should be probed by the United Nations.

"David Crane, an international law professor at Syracuse University, said the principle of law used to issue an arrest warrant for [Sudanese President] Omar al-Bashir could extend to former US President Bush over claims officials from his Administration may have engaged in torture by using coercive interrogation techniques on terror suspects," reported the New Zealand Herald.

The indictment of Bashir was a landmark, said Crane, because it paved a route for the court at The Hague to pursue heads of states engaged in criminality.

"Crane also said that the [Bashir] indictment may even be extended to the former president George W. Bush, on the grounds that some officials in terms of his administration engaged in harsh interrogation techniques on terror suspects which mostly amounted to torture," said Turkish Weekly.

"All pretended justifications notwithstanding, the aggressions against Iraq and Afghanistan and their occupations constitute atrocities that must be condemned and repudiated by all who believe in the rule of law in international relations," Brockmann told the Human Rights Council. "The illegality of the use of force against Iraq cannot be doubted as it runs contrary to the prohibition of the use of force in Article 2(4) of the United Nations Charter. It sets a number of precedents that we cannot allow to stand."

The Bush administration boycotted the Human Rights Council. The day Brockmann made his accusations happened to be the first in which the United States had observers at the council, on orders from President Obama.

According to Iranian news network PressTV, the Iranian government called the Bashir indictment "a blow to International justice" and an "insult directed at Muslims."

Iran's plainly stated sentiment toward the court's legitimacy is similar in spirit to that of the United States. Because the US Government has refused to recognize the court by becoming a signatory in its statute, "the only other way Bush could be investigated is if the [UN] Security Council were to order it, something unlikely to happen with Washington a veto-wielding permanent member," said the Herald.

Due to the International Criminal Court's lack of any real police force, it has traditionally relied upon signatory states for enforcement of its rulings. But when the leader of one such state is indicted, the court's authority and enforcement capability is called into question. Even the arrest of Bashir is a far cry, for now. And without a UN Security Council order, former US President Bush would not go on "trial" before the court any time soon.

However, on January 26, United Nations Special Rapporteur on Torture Manfred Nowak insisted that the pursuit of Bush and members of his administration for the torture of terror war prisoners is crucial if justice is to be served.

Nowak added that he believes enough evidence exists currently to proceed with the prosecution of Donald Rumsfeld, the former Secretary of Defense who was credited as being highly influential in the crafting and push for America's invasion of Iraq and the prior administration's abusive interrogation tactics.

The following video was published to YouTube on March 6 by the non-profit, Web-based news service LinkTV.




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Red Cross finds Bush administration guilty of war crimes

Red Cross finds Bush administration guilty of war crimes

Andrew McLemore

In a secret report last year, the Red Cross found evidence of the CIA using torture on prisoners that would make the Bush administration guilty of war crimes, The New York Times reported Friday. The Red Cross determined the culpability of the Bush administration after interviewing prisoners at Guantanamo Bay, according to the article. Prisoner Abu Zubaydahwho said he had been waterboarded, "slammed against the walls" and confined in boxes "so small he said he had to double up his limbs in the fetal position." The information comes from a new book written by Jane Meyer, who has frequently published articles concerning counter-terrorism in The New Yorker. The book is titled "The Dark Side: The Inside Story of How the War on Terror Turned Into a War on American Ideals," and will be released next week. Mayer cited "sources familiar with the report" to explain the confidential document as a warning "that the abuse constituted war crimes, placing the highest officials in the U.S. government in jeopardy of being prosecuted." The report was submitted to CIA last year and concluded that American interrogation methods are "categorically" torture that violates both domestic and international law, MSNBC's Rachel Maddow reported Friday. Although the CIA had already admitted to the use of waterboarding, Meyer says in the book that several CIA officers confirm the findings of the Red Cross, including the other forms of torture mentioned. Maddow called George W. Bush a "torture-approver-in-chief who has yet to be held to account for anything" and said that congressman Dennis Kucinich had reintroduced his articles of impeachment against the president. Maddow questioned constitutional law expert Johnathan Turley about the development. "The problem for the bush admin is that they perfected plausible deniability techniques," Turley said. "They bring out one or two people that are willing to debate on cable shows whether waterboarding is torture and it leaves the impression that its a closed question. "It's not. It's just like the domestic surveillance program that the federal court said just a week ago was also not just a closed question." When asked by Maddow if the chances are now greater that Bush will be prosecuted now or after leaving office by the international community, Turley compared the situation to Serbia in the early 90s. "I'd never thought I would say this, but I think it might in fact be time for the United States to be held internationally to a tribunal. I never thought in my lifetime I would say that."

General who probed Abu Ghraib says Bush officials committed war crimes

General who probed Abu Ghraib says Bush officials committed war crimes

WASHINGTON — The Army general who led the investigation into prisoner abuse at Iraq's Abu Ghraib prison accused the Bush administration Wednesday of committing "war crimes" and called for those responsible to be held to account.

The remarks by Maj. Gen. Antonio Taguba, who's now retired, came in a new report that found that U.S. personnel tortured and abused detainees in Iraq, Afghanistan and Guantanamo Bay, Cuba, using beatings, electrical shocks, sexual humiliation and other cruel practices.

"After years of disclosures by government investigations, media accounts and reports from human rights organizations, there is no longer any doubt as to whether the current administration has committed war crimes," Taguba wrote. "The only question that remains to be answered is whether those who ordered the use of torture will be held to account."

Taguba, whose 2004 investigation documented chilling abuses at Abu Ghraib, is thought to be the most senior official to have accused the administration of war crimes. "The commander in chief and those under him authorized a systematic regime of torture," he wrote.

A White House spokeswoman, Kate Starr, had no comment.

Taguba didn't respond to a request for further comment relayed via a spokesman.

The group Physicians for Human Rights, which compiled the new report, described it as the most in-depth medical and psychological examination of former detainees to date.

Doctors and mental health experts examined 11 detainees held for long periods in the prison system that President Bush established after the 9-11 terrorist attacks. All of them eventually were released without charges.

The doctors and experts determined that the men had been subject to cruelties that ranged from isolation, sleep deprivation and hooding to electric shocks, beating and, in one case, being forced to drink urine.

Bush has said repeatedly that the United States doesn't condone torture.

"All credible allegations of abuse are thoroughly investigated and, if substantiated, those responsible are held accountable," said Navy Cmdr. J.D. Gordon, a Pentagon spokesman. The Defense Department responds to concerns raised by the International Committee for the Red Cross, he said, which has access to detainees under military control.

"It adds little to the public discourse to draw sweeping conclusions based upon dubious allegations regarding remote medical assessments of former detainees, now far removed from detention," Gordon said.

The physicians' group said that its experts, who had experience studying torture's effects, spent two days with each former captive and conducted intensive exams and interviews. They administered tests to detect exaggeration. In two of the 11 cases, the group was able to review medical records.

The report, "Broken Laws, Broken Lives," concurs with a five-part McClatchy investigation of Guantanamo published this week. Among its findings were that abuses occurred — primarily at prisons in Afghanistan where detainees were held en route to Guantanamo — and that many of the prisoners were wrongly detained.

Also this week, a probe by the Senate Armed Services Committee revealed how senior Pentagon officials pushed for harsher interrogation methods over the objections of top military lawyers. Those methods later surfaced in Afghanistan and Iraq.

Former Defense Secretary Donald H. Rumsfeld didn't specifically approve of the worst abuses, but neither he nor the White House enforced strict limits on how detainees would be treated.

There was no "bright line of abuse which could not be transgressed," former Navy general counsel Alberto Mora told the Senate committee.

Leonard Rubenstein, the president of Physicians for Human Rights, said there was a direct connection between the Pentagon decisions and the abuses his group uncovered. "The result was a horrific stew of pain, degradation and ... suffering," he said.

Detainee abuse has been documented previously, in photos from Abu Ghraib, accounts by former detainees and their lawyers and a confidential report by the International Committee for the Red Cross that was leaked to the U.S. news media.

Of the 11 men evaluated in the Physicians for Human Rights report, four were detained in Afghanistan between late 2001 and early 2003, and later sent to Guantanamo. The remaining seven were detained in Iraq in 2003.

One of the Iraqis, identified by the pseudonym Laith, was arrested with his family at his Baghdad home in the early morning of Oct. 19, 2003. He was taken to a location where he was beaten, stripped to his underwear and threatened with execution, the report says.

"Laith" told the examiners he was then taken to a second site, where he was photographed in humiliating positions and given electric shocks to his genitals.

Finally, he was taken to Abu Ghraib, where he spent the first 35 to 40 days in isolation in a small cage, enduring being suspended in the cage and other "stress positions."

He was released on June 24, 2004, without charge.