Building a case for a prosecution that likely won't happen
In Standard Operating Procedure, a definitive account of what happened at Abu Ghraib published by Penguin Press, author Philip Gourevitch writes of the American interrogators who so degraded the humanity of prisoners:
"Even as they sank into a routine of depravity, [the interrogators] showed by their picture taking that they did not accept it as normal. They never fully got with the program. Is it not to their credit that they were profoundly demoralized?"
The much more compelling question—in view of the extent to which Abu Ghraib and other American war crimes have degraded us around the world—is whether the president and all the others at the top of the chain of command ever felt themselves in the least demoralized by the results of their orders.
And, even more important, will these perpetrators ever be put on trial as a deterrent to future presidents, Defense Department and CIA heads, and their eager lawyer-accomplices in these crimes?
General Ricardo Sanchez, former commander of the coalition forces in Iraq, in his recent memoir Wiser in Battle, writes that George W. Bush's 2002 memorandum—that the Geneva Conventions did not apply to our "detainees" suspected of terrorist ties—"constituted a watershed event in U.S. military history. . . . And that guidance set America on a path to torture." (Emphasis added.)
Article 3 of the 1949 Geneva Conventions, signed by the United States and thereby part of our law, guarantees that any detained person has the right to be free from "cruel treatment and torture; outrages upon personal dignity, in particular, humiliating and degrading treatment."
This right applies whether the detainee is a prisoner of war, an "unprivileged" belligerent, a terrorist, or a noncombatant. Moreover, this right is in effect "in all circumstances" and "at any time and in any place whatsoever."
http://www.villagevoice.com/news/0827,judging-the-torture-presidency,499204,4.html
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