On Aug. 1, 2014 President Barack Obama stated in a casual manner that “we tortured some folks.” Obama is well aware, torture is a violation of international law. It is prohibited by the
Geneva Conventions of 1949, the
Convention Against Torture, and the
International Covenant on Civil and Political Rights, all of which have been signed and ratified by the United States.
Torture is an act that is never permitted
@Kimmio .
The Torture Convention not only prohibits torture, it requires that those who plan, authorize and perpetrate the crime be fairly and competently prosecuted.
Failure to turn suspects over to be prosecuted before an appropriate body, such as the International Criminal Court, is itself a violation of the Torture Convention.
As we know, Obama chose to “look forward, not backwards” rather than meet the United States’ legal obligations.
Despite Obama’s decision to block any form of accountability for Bush administration officials for their role in torturing individuals, his administration has been a staunch supporter of international justice for other countries.
Stephen Rapp, Obama’s appointee as U.S. Ambassador-at-Large for War Crimes, stated “When the most grave and serious crimes are committed and there is no will or capacity to prosecute at the national level, most of the countries in the world have decided, and the United States accepts, that this justice will be delivered in the International Criminal Court.”
The Obama administration voted at the U.N. Security Council to refer Libya and Syria to the ICC.
@Kimmio - Why would Obama immunize the Bush administration against prosecution for committing international crimes while openly supporting the prosecution of others?
Clearly, Obama believes Bush administration officials committed the war crime of torture.
According to Obama, when Bush administration officials were planning and authorizing the torture of individuals in custody of the United States, they “did not know whether more attacks were imminent, and there was enormous pressure on our ... national security teams to try to deal with this.”
President Obama like
@Kimmio also warns us “not to feel too sanctimonious in retrospect about the tough job that those folks had. And a lot of those folks were working hard under enormous pressure and are real patriots.”
@Kimmio - Going by the president’s logic, when perpetrated under enormous pressure, egregious criminal behavior is morally justified and those responsible for it ought to be held above the law - this seems to fit with your logic as well.
Some of those who committed the crimes might even be “patriots.”
Yet, his administration has not applied this logic to other countries.
Moammar Gadhafi and Bashar Assad offered numerous explanations and justifications for their actions.
That did not stop the United States from seeking their prosecution.
Prosecuting Bush administration officials for torture would have been politically difficult.
@Kimmio - Are laws meant to be enforced when it is convenient to do so or are laws meant to be objective and applied to all, equally?
Despite the pious calls for justice elsewhere, protecting American officials against prosecution for war crimes is a time-honored tradition in the United States that
@Kimmio seems to agree with.
Whether the crimes were committed during WWII, the Korean War, in Vietnam, Iraq or the wider “war on terror,” not a single high-level official has been held accountable for his or her crimes.
Obama’s contribution to U.S. hypocrisy does not end with the sheltering of Bush administration officials.
The Obama administration is suspected of committing a number of crimes of its own, including violations of the Torture Convention.
Despite multiple warnings of systematic torture in Afghan detention facilities, the administration continued to enter detainees into these facilities with full knowledge they could become victims of torture.
Although
@Kimmio might argue a relatively lesser crime than directly authorizing these detainees’ torture, the end result is quite the same.
Obama also allowed for the continuing torture of Guantanamo Bay prisoners who are on a hunger strike.
The Obama administration has also violated international humanitarian law (IHL) through its targeted drone strike program.
In its operations in Pakistan and Yemen, the administration has employed methods of attack that violate IHL’s principles of distinction and proportionality.
The principle of distinction requires that attacks distinguish between civilians and combatants, and, when there is doubt, an individual must be presumed to be a civilian.
The principle of proportionality requires that even unintentional loss of innocent life not be excessive in relation to the anticipated military advantage gained from launching the attack.
“Signature” strikes and attacks on first responders and funeral attendees have all failed to distinguish between civilians and combatants.
These assaults have been launched without certainty that those being targeted are combatants. In some cases, strikes have been launched with full knowledge that civilians were present.
These attacks have also violated the spirit of the principle of proportionality.
In order to determine whether an assault is likely to result in excessive loss of innocent life, those planning the attack must first know approximately how many combatants and civilians are located within the vicinity of the planned strike.
Perhaps the next president of the United States will tell the American people that, although hundreds, if not thousands, of innocent people were killed by drones Obama administration officials were under 'enormous pressure' and are 'real patriots' and
@Kimmio would agree?
Obama has paid it backward. He has given the Bush administration the gift of immunity.
Unlike paying it forward, Obama’s good deed was not the type of selfless act usually associated with that philosophy.
With all of Obamas' own violations of the torture convention and international humanitarian law, some people think that Obama expects his favor to be repaid by the next inhabitant of the Oval Office ...
Some people think Trump might not be willing to repay that favor - what do you think
@Kimmio? Does Trump owe it to Obama to give him immunity?