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An Independent Prosecutor Should Investigate the Architects of the White House Torture Policy
By Marjorie Cohn, Jurist Legal News and Research
It's not just administration officials who should be targeted for sanctioning torture. The lawyers who advised them

 

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An Independent Prosecutor Should Investigate the Architects of the White House Torture Policy

By Marjorie Cohn, Jurist Legal News and Research. Posted May 13, 2008.

This is an excerpt from Marjorie Cohn's recent testimony before the U.S. House Judiciary Committee Subcommittee on the Constitution, Civil Rights and Civil Liberties

What does torture have in common with genocide, slavery, and wars of aggression? They are all jus cogens. That's Latin for "higher law" or "compelling law." This means that no country can ever pass a law that allows torture. There can be no immunity from criminal liability for violation of a jus cogens prohibition.

The United States has always prohibited torture in our Constitution, laws, executive statements, judicial decisions, and treaties. When the U.S. ratifies a treaty, it becomes part of American law under the Supremacy Clause of the Constitution.

The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, says, "No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification for torture."

Whether someone is a POW or not, he must always be treated humanely; there are no gaps in the Geneva Conventions.

The U.S. War Crimes Act, and 18 USC sections 818 and 3231, punish torture, willfully causing great suffering or serious injury to body or health, and inhuman, humiliating or degrading treatment.

The Torture Statute criminalizes the commission, attempt, or conspiracy to commit torture outside the United States.

The Constitution gives Congress the power to make laws and the President the duty to enforce them. Yet Bush, relying on memos by lawyers including John Yoo, announced the Geneva Conventions did not apply to alleged Taliban and Al Qaeda members. But torture and inhumane treatment are never allowed under our laws.

MORE ARTICLE HERE:   http://www.alternet.org/rights/85204/