Gallagher writes: "If the UN convention against torture is to have any hope of fulfilling its mission of preventing torture, the committee must send countries like Canada a clear message."
'The crimes of the Bush era are effectively beyond the reach of justice in the US.' (photo: Getty Images)
Damn Right, George Bush Should Face Criminal Proceedings
19 November 12
Though signatory to the convention against torture, Canada neglected to investigate George Bush. Will the UN now act?
ne thing brings together these four men - Hassan bin Attash, Sami el-Hajj, Muhammed Khan Tumani and Murat Kurnaz: they are all survivors of the systematic torture program the Bush administration authorized and carried out in locations including Afghanistan, Iraq, Guantánamo, and numerous prisons and CIA "black sites" around the world. Between them, they have been beaten, hung from walls or ceilings, deprived of sleep, food and water, and subjected to freezing temperatures and other forms of torture and abuse while held in US custody.
None was charged with a crime. Two were detained while still minors. And one of them remains at Guantánamo.
This week, in a complaint filed with the United Nations committee against torture, they are asking one question: how can the man responsible for ordering these heinous crimes, openly enter a country that has pledged to prosecute all torturers regardless of their position and not face legal action?
The Center for Constitutional Rights (CCR) and the Canadian Centre for International Justice (CCIJ) filed the complaint on the men's behalf. The country in question is Canada, visited last year by former US President George W Bush during a paid speaking engagement in Surrey, British Columbia.
Bush's visit drew hundreds in protest, calling for his arrest, and it also provided bin Attash, el-Hajj, Tumani and Kurnaz the opportunity to call on the Canadian government to uphold its legal obligation under the UN convention against torture, and conduct a criminal investigation against Bush while he was on Canadian soil.
To this end, the four men, submitted a 69-page draft indictment (pdf) that CCR and CCIJ had presented to Canada's attorney general ahead of Bush's arrival in support of their private prosecution. The submission included thousands of pages of evidence against Bush, consisting of extensive reports and investigations conducted by multiple US agencies and the UN. The evidence is overwhelming - not to mention the fact that Bush has admitted, even, boasted of his crimes, saying "damn right" when asked if it was permissible to waterboard a detainee, a recognized act of torture.
Canada should have investigated these crimes. The responsibility to do so is embedded in its domestic criminal code that explicitly authorizes the government to prosecute torture occurring outside Canadian borders. There is no reason it cannot apply to former heads of state, and indeed, the convention has been found to apply to such figures including Hissène Habré and Augusto Pinochet. A criminal investigation into the allegations was the lawful thing to do. It was also what Canada had agreed to do when it pledged its support to end impunity for torture by ratifying the convention.
But Canada looked the other way. Not only did federal Attorney General Robert Nicholson refuse to investigate Bush, but the attorney general of British Columbia swiftly intervened to shut down a private criminal prosecution (pdf) submitted to a provincial court in his jurisdiction the morning of Bush's visit.
Thanks to the Obama administration's call to look only "forward" - even in the face of torture that demands a proper reckoning - and a court system in the US that has readily closed its doors to torture survivors, the crimes of the Bush era are effectively beyond the reach of justice in the US. But the immunity - the impunity - granted to these criminals here should not follow them into other countries, particularly those that are signatories to international laws and treaties against torture.
If the UN convention against torture is to have any hope of fulfilling its mission of preventing torture, the committee must send countries like Canada a clear message: it is their legal obligation to ensure there is no safe haven for torturers; and any action to the contrary makes these states effectively complicit in furthering impunity for some of the worst crimes of the past decade.
These four survivors are asking the UN to enforce its own convention, nothing more and nothing less. They call upon the UN, unlike Canada, to unequivocally reject a worldview in which the powerful are exempt from rules, treaties and prohibitions against senseless acts of barbarity. Will the UN now hear their call?
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Pardon me, but with the great Irish founded Sisters of Mercy getting us into four high school years of logic/critical thinking, I do believe that our pulling away from aversive consequences for unlawful and egregious acts, such as torture, is at the root of today's evil overtaking. Time to punish with mandatory sentencing, no buyouts permitted, and get going on all it's gonna take to overcome the evil and.....
UNDO THE COUP !
Short of all out war, sanctions are all most countries have, to "pursuade" the leaders of rogue nations to behave in certain ways. The results of those sanctions lay in the hands of the foreign ruler; Not the US or anyone else.
Lets face it; When Obama and the US Congress decided not to prosecute Bush and Cheney, it was a dark day for America and the rule of law throughout the world. Canada has just followed our lead.
As far as Canada goes, their failure to investigate torture makes them look just as bad as this country in regard to justice and human rights. Makes it less attractive as a place to emigrate.
Although I may agree with your other statements, the quote above is a worthless, factless, extreme right-wing talking point and pure propaganda. Shame on you for repeating it.
THOUSANDS of U.S. conscripts and MILLIONS of Cambodian and Vietnamese civilians were KILLED by Nixon's extension of the WARS in southeast Asia. His Watergate program was NOT a "3rd rate burglary" like Nixon wanted you to believe. It was a systematic black op against his political enemies and an furious attempt to cover up his TREASONOUS intervention in the Paris peace talks in order to get elected, then re-elected.
These are clearly substantiated facts revealed in the Pentagon Papers and in LBJ's own library. You could look it up.
So, as far as including Clinton (and Obama) along with Bush as one who should be prosecuted for crimes, well, if you don't agree that the Sanctions against Iraq and a half million dead children are reason enough then how about the illegal overthrow of Jean-Bertrand Aristide, the democratically elected President of Haiti?
On the other hand, i have no illusions that any of them will ever be prosecuted for anything so at best all of this is mere wishful thinking.
Second; The point is whether Bush/Cheney not only violated International laws against torture, but openly admitted doing so and got away with it.
Good guys, bad guys; None of that is the point. If we expect to have other nations follow the rule of law, and not just become a Banana Republic ourselves, we should enforce those laws, or better yet, respect them and obey them ourselves. Failure to do so costs us in the end.
Have other Presidents violated International treaties and laws before? Maybe. But if they did, they sure didn't admit it arrogantly and openly with a "bring it on" attitude.
...nor does fraud. And what these scumbags did was systematically defrauded the American people by leading us to war without cause and then setting up their corporate profiteers to make their lying worthwhile.
Sorry, bmiluski, but you sound like a typical "me, me, me" Republican, and I'd be willing to bet that's exactly what you are.
If you had any sense you'd realize that 1) there's no need for sickness insurance companies. Calling them health insurance companies is a misnomer and a bad joke. Their only function is to extract profit between provider and patient, and to limit the care you receive to the bare minimum they can get away with before they cut you loose if you get too expensive.
I can see you whining about "Obamacare" to anyone that will listen while being grateful that pre-existing conditions will no longer disqualify you and while you keep your kids on your policy till they're 26.
What we need is single payer. The private companies and their filthy profit motive deserve the dustbin of history. The ONLY motive in health care should be health, not how much money they can make and how much they pay their shareholders. Only national health care can provide that.
Oh, and one other thing. If it were nationalized, everyone would be paying into it at some level according to their means, so your greedy little "I'm paying for it" crap wouldn't even apply.
Typical selfish, blinkered, reactionary, non-populist, griping meanness.
Have you ever tried to pay for insurance out of unemployment? And yes, it can happen to you too.
People like you would likely vote against Universal health care, the rest of the "Civilized" world's solution.
Where the Hell did you get lousy-Lieberman as Obama's mentor?
Backup please.
I can dig it. My stepfather was a Cree, but he was an illegal alien from Canada who served in the Navy in WWII.
Thanks for all your great work during Campaign. Great Support
Your statement is incorrect. Cheney was furious at Bush for NOT pardoning him. Scooter Libby's jail sentence was commuted but he was not pardoned, and Bush did not pardon himself.
I agree with your sentiment but your facts are wrong.
By their deeds ye shall know them.
We will NEVER be right with the world, nor with our own consciences, until we demand and achieve prosecution of our most vile criminals and justice for their victims -- or at least those who live to see it.
How can we expect better of our children, with the "Not Responsible" legacy we leave them, otherwise?
Neither Obama nor Pelosi not any of that ilk have the moral right to protect such criminals. We need to let them know that, in no uncertain terms.
Could it have something to do with the remarks that Petraeus' mistress Paula Broadwell made at the University of Denver on Oct. 26?
"Now I don't know if a lot of you heard this, but the CIA annex had actually -- had taken a couple of Libyan militia members prisoner and they think that the attack on the consulate was an effort to try to get these prisoners back. So that's still being vetted."
http://www.youtube.com/watch?v=_PgsLSsSKMI&feature=related
Broadwell had secret and classified information which she clearly was not entitled to, but if she's right, we were holding prisoners and their allies were trying to release them. Was the Ambassador there to see what information these prisoners had?
And Georgie-Porgie actually gets paid for speaking engagements? That imbecile can barely string together two or three sentences without inserting a Malapropism or other slip of the tongue. And people actually pay him real legal tender to do so...???
I guess we're all crazy. Luckily we're not all crazy on the same day!
Ken Starr spent $40 million to find out if the Presidents member tilted to the left or the right. Torture is an entire other story. If the Bush criminal/cronie s aren't held to account by the International Community, these same tortures maybe visited on our own citizens. The test case of getting away with it has already been made. The American people gave the key to the henhouse to the fox Geo. Bush and he granted himself and all his buddies immunity. What a sham.
Spend the money and save the Democracy of America!!!
Doesnot mean everyone knows it..or wants to
Can you post a link? I haven't seen it and I'd like to archive it.
Thx.
Non issue as testified to by Petraeus. Time to give it up wingnuts.
No evidence of this in Benghazi whatsoever; just more right-wing talking points.
However, though it seems to have been completely forgotten in this United States of Amnesia, the US was clearly at the very least complicit in the 2009 illegal overthrow of Manuel Zelaya, the democratically elected President of Hondoras.
This is just the Fox news bubble crew making something out of nothing as usual, living in their fantasy reality. Fox news listeners are the most uninformed people in America, they should make the lies of this so called news organization pay for ruining and dumbing down America. Comments like these prove that Fox news brainwashes Americans and anyone else who takes their crap seriously.
Fox news wants Fear, anger, and hate to keep circulating so people will hate Obama. They have no clue about Obama they just blindly hate him because of Fox news lies.
My one friend thinks Hannity is a serious source of news. You cant tell them anything though, they think they know it all...these are brainwashed masses, with a skewed reality and they are dangerous.
George Bush and his crew PLUS Fox news should all be brought up on charges of treason and murder.
As "Main Street Mentor" states, the action should have started at home so that the whole gang of chicken-hawks attached to the Dim-Bulb would be hauled up and over to the Hague. Of course the current SCOTUS would never have upheld anything anyway -they put the swinehund there in the first place. Maybe Pelosi realized this but she should have tried anyway.
But their world is shrinking; perhaps that's why the Bush dynasty has acquired a large parcel of land in northern Paraguay. Wonder if they were behind the recent right wing coup in that long-suffering country?
Not to mention Bradley manning.
We have one political party, one weak Fourth Estate and zero chance of fixing this broken system!
There is NO equivalency, for every bad Democrat there are dozens of bloodthirsty Republicans
If this is true then why did vitually every democratic member of congress support and vote in favor of the wars in iraq and afghanistan, the patriot act and NDAA? And, what about this administration' s role in the illegal overthrow of the democratically elected President of Hondoras in 2009?
Because honest people believe it when the president says there are WMDs ready to be used. The few Dems who were briefed officially couldn't say anything without being arrested and charged with secrecy violations.
Bingers you are right!! Republicans lied to get the Dems to vote for the war.
How about if we turn George Bush over to the Iraqis?
It's for certain there are no good Bushes, but the kids are just whack jobs, not criminals. OTOH George H W's father was a traitor, even more so than his son and grandson. Not only did he back Hitler, he arranged loans for him, and he was part of the cabal that tried to overthrow the government until the whistle was blown on them by General Smedley Butler.
The Bush crime family is an actual thing.
Wish this knowledege backed with historical facts would have more public awareness
If someone goes to jail for robbing a corner grocery store and killing the owner, then someone responsible for the killing of thousands should at least spend the same amount of time behind bars!
Unfortunately, it's not so simple. There's a little-known law on the books euphemistically called the American Service-Members ' Protection Act http://www.state.gov/t/pm/rls/othr/misc/23425.htm which is really about protecting Bush, Cheney, et. al.
Section 2013(4) identifies "covered persons" as:
COVERED UNITED STATES PERSONS- The term `covered United States persons' means members of the Armed Forces of the United States, elected or appointed officials of the United States Government, and other persons employed by or working on behalf of the United States Government, for so long as the United States is not a party to the International Criminal Court.
So any elected official (arguable in Bush's case) is covered.
And what does the act specify?
Section 2008(a) answers that.
AUTHORITY- The President is authorized to use all means necessary and appropriate to bring about the release of any person described in subsection (b) who is being detained or imprisoned by, on behalf of, or at the request of the International Criminal Court.
In effect, it authorizes Obama (the guy who likes extra-judicial executions) to attack, even with nuclear weapons should it be deemed "necessary", any country holding a "covered person" for war crimes.
Read it yourself. I posted a link.
Canada risks military attack by the US if they arrest Bush.
Like I said, not as easy as it seems.
Thanks for that; good information and well researched.
I suppose it could be boiled down to the "Cover a war-mongers ass act".
So would this cover and protect PFC Bradley Manning, who only committed an act of patriotism?
And will the president pardon Leonard Peltier?
Perhaps there's a loophole for Canada if they don't arrest on ICC's behalf, but instead under their own laws, but don't count on Obama noting the distinction.
I wish I weren't so cynical.
Also, why do I feels as even if proven guilty we'd end up with a pardon. Governors, yes; but a former President? Doesn't seem likely, not in this current USA.
And we will have no credibility when we protest such crimes if done by another country against us.
Americans must demand a
full congressional inquiry.
So many crimes we as a Nation have committed that were never prosecuted:
LBJ-(Vietnam)
Nixon/Kissinger-Chile
Reagan-Nicaragua(to include Iran/Contra), El Salvador, Grenada.
BUSH I (Panama-El Chamorro massacre and cover up)
BUSH I (IRAQ I)
Clinton (Haiti)
BUSH II-Iraq/Afghanistan/911
And this is just a taste. Too many to contemplate. Where to begin if one is true about uncovering the sordid past of this country- which was built on a Holocaust of our Natives and the importation of slave labor.
Where has the justice ever been? Who but the few actually care? Just another leftist wish that will remain just that.
The overthrow and forced exile of the democratically elected President of Haiti was legit?
guess then you would say the same thing about the overthrow of the democratically elected president of Hondoras in 2009?
Yep that's a great book -he does state though that he'd stand behind any DA who came forward with an indictment and gives guidelines for how to proceede.
So far nothing (surprise, surprise).
I mean Monty Python should have showed us all the Insanity of how to get information.
England back again to Middle East all are excellent Role Models of Torture. I believe that 007 Movies even honored it.
Bombing people daily is torture also. Enslavement of people to work for nothing ? There is no Nation, Island, Country that does not aid and abet in Torture Daily.
Torture.... Yes, Mankind is the Leader in Killing. All the watching of Animals, Animals really do not torture their prey. Their Game is for food, lesson in killing for food so the pack survives. Torture serves only the purpose to satiate a need to cause harm to others. The Torturers are no better than Pedophiles, Serial Killlers, Junkies in fact they are all of the above.
UK has no business airing our dirty laundry when they have out done us all when they wanted to.
Torture...Depravity Mankind Excels no matter where they are from.
Super well-said, KittatinyHawk. If I coulda Liked the comment twice I woulda! :)
This is annoying but there is an opportunity for relief. Mr. Harper can be voted out of office by 2015, and the provincial government in BC will almost certainly be defeated in the next provincial election - even sooner.
The federal "Conservatives" and the provincial "Liberals" are ideologically identical. Their ouster will not turn on this issue; but, since both richly deserve the wrath of the Canadian electorate on a host of issues, it will be pleasant to imagine that at least some voters might exercise their franchise responsibly and throw them both out - to their confortable retirement and appointment to numerous lucrative corporate board positions.
“a) Whoever, [while being a national of the U.S.] commits a war crime, [shall be guilty of a felony].” “(d) [T]he term ‘war crime’ means any conduct-(1) defined as a grave breach in any of the international conventions at Geneva 12 August 1949, or any protocol to such convention to which the U.S. is a party.”
Title 18, U.S. Code, Sec. 4
“Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other [U.S. authority, shall be guilty of a felony.]”
U.S. Constitution, Art. 1, Sec. 9
“The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”
Title 18, U.S. Code, Sec. 2340A
Prohibits torture and conspiracy to do so by U.S. nationals outside the U.S. Torture is an “act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon [a] person within his custody or physical control.”
http://antemedius.com/files/kucinich-bush-articles-of-impeachment-violations.pdf
While you can surely make a case that drones are evil, they're also the least evil course we can follow. Any other course either leaves our enemies carte blanche to attack us or a ground war killing thousands of times more innocents. Get real and down off your high horses.
Let's get real for a moment.
"...those who made war upon us...", were 19 Saudi Arabians armed to the gills with wire cutters and penknives.
They were in the sites of the Minneapolis Branch of the FBI well before 9-11. DC was informed of this and for some reason chose to deep six it.
No one was fired for this egregious failure.
We then declared war on an adjective.
And followed up by invading a country that had nothing to do with 9-11.
Ever since, the CIA/MIC that is running the country, along with their bankster/corpor ate crony friends have used the bloodcurdling threat of third world bandits running from cave to safe house to frighten folks like you.
Are there "bag guys" in the world? Yes.
Do they pose an existential threat to the USA? Get serious.
The kingdom of Saudi Arabia could round them all up and do away with them in a month or less if they wanted to.
As dbriz points out below it was 19 individuals that "made war upon us" so in response we spent trillions to go to war against countries that never attacked or even threatened to attack us.
By your logic Pakistan and Yemen should conclude that we are making war against them and thus have the right to drone us.
Yes; This "enemy" should have always been given a title of AlQuaeda, and yes, their members should have been the target following 9/11.
GWB actually stated that as the intention, not long after 9/11 occurred. But then the chicken hawks got to the scarecrow's "brain" and Iraq became the target of "opportunity" for all of them.
Drones are a valuable weapon and, oh yeah, let's agree that all weapons are evil. Now that we have that out of the way, let's also agree that, when people mean to do you harm, there's plenty of evil on both sides of what defines survival.
Nature is full of "evil" acts. As a non-believer, I don't care to be a dead Monk or a war monger Christian, so I will vote for peaceful policies but back a good defense at the same time.
THREE concrete and steel structures collapsed into their own footprints on the same day in the same place, the only three in world history ever to have done so. And it allegedly happened because of airplane impacts (on only two, mind you) that those buildings were specifically engineered to resist? Puh-leeze!
If this link is about Bush's war crimes, how about his murder of 3,000 on American soil, or if not their murder, his complicity in the cover-up of their murder, along with his intentional use of fiction to justify a war on another nation?
Bush is a war criminal by OUR standards, the standards that WE set at Nuremberg.
"We must make clear to the Germans that the wrong for which their fallen leaders are on trial is not that they lost the war, but that they started it. AND WE MUST NOT ALLOW OURSELVES TO BE DRAWN INTO A TRIAL OF THE CAUSES OF THE WAR, for our position is that no grievances or policies will justify resort to aggressive war. It is utterly renounced and condemned as an instrument of policy." - Robert L. Jackson, Chief U.S. Prosecutor at the Nuremberg Tribunals and Associate United States Supreme Court Justice
One other thing, George. If 15 of 19 "hijackers" were Saudis, WTF were we doing in Iraq?
Not sure how to respond to this one.
I understand the anger but I think, buried in this rant somewhere, is the allusion that 9/11 was all plotted and carried out by GWB and his regime. On that note, all I can say is that, you sound a lot like an anti-science TeaPartier right now; Pretending to know something other than what most structural engineers and people that have eyes that were open on 9/11 know and accept as the truth.
As far as 9/11 is concerned, I remain convinced that America elected a complete idiot that dismantled (or at least set aside) the work of the anti-terrorism efforts in the Defense Department, by appointing Condi Rice to lead them. Richard Clark makes the case very clear about what happened leading up to 9/11.
As far as Iraq is concerned; Why ask me? I agree that Iraq was a disaster, wrong headed, and was done for un-American reasons. I even agree that it should be considered a treasonous event, with continued treasonous acts like allowing OBL to escape in Tora Bora, failing to pursue him in Pakistan, and using lies to stoke fear in America for political gain.
Apologies if I came off a little aggressive, but your original comment about the 19 guys implies that the official fiction is actually real.
I snipped the above section from your reply in order to offer a link which I believe destroys your assertion that "most structural engineers and people that have eyes that were open on 9/11 know and accept as the truth" the official story.
www.ae911truth.org
Or, Architects and Engineers for truth.
I can point to a website with the names of thousands of professionals who have gone on record calling the fiction by its proper name...a lie.
You assert that "most structural engineers" agree with the Big Lie. I assume you have something more than rhetoric to back that up.
This is absurdity to begin with.
Sorry but I don't care to compare one list of "experts" to another. As an engineer myself, some things are evident because of something called physics. "Loose Change" was a great conspiracy theory movie. Not reality; Not even close. And GWB and his gang were idiots; Not evil masterminds.
Have a nice (fantasy) life.
I'm sure the UN will prevent another 9/11 here and the Canadian's will back them up. Of course, the first go round didn't go very well. I have not heard where the UN, or any other country is embracing the idea of bring to justice those that sponsor terrorism.
Not so. Both Bush's and Obama's war crimes can be prosecuted through the US War Crimes Act of 1996, and are prohibited by the United Nations Convention Against Torture, and many countries have condemned Obama with his drones.
If you "have not heard" about it, you need to pay closer attention.
so the US should repeal its prohibition on torture and stop going after those that commit "crimes against humanity" since there are no rules?
He just doesn't agree with actually doing it, for - in his mind - good reason...
......................
"No country on Earth would tolerate missiles raining down on its citizens from outside its borders,”
-- Barack Obama, Nov. 18, 2012
So says the guy who regularly bombs innocent women and children in Pakistan, Afghanistan and Yemen while his Former White House Press Secretary Robert Gibbs, speaking for Obama, tries to shift the blame to the kids by saying they should have chosen better parents.
Had Bush been arrested there would have been hell to pay. After the GOP was forced to stand by and allow Nixon to be forced out of office, it swore that it would never again allow any GOP presidents to be harmed no matter how many or how heinous the crimes they commit.
The GOP approves of torture, even that anti-torture posterboy John McCain who should know better but is incapable of standing up to his party, is unwilling to speak the truth on this matter. If the party wants torture then torture is OK by him.
That would be appropiate justice regarding the estimated one million Iraqis killed for Operation Iraqi Liberation (OIL).
It is tragic. War .... ALL war should be declared by Congress as the Constitution gives it no demands it do so. War is such an IMPORTANT decision that it can not be left up to one man alone. NEVER AGAIN should we prosecute a major war on the president's say so alone. We have done terrible things the price for which we continue to pay in blood and treasure of wars that no longer in the traditional sense can ever be won!
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