Baby Steps to War Crimes

(2 pm. – promoted by ek hornbeck)

Back in January of 2009, Dahlia Lithwick of Slate wrote in the NYT Op-Ed

INSTEAD of looking closely at what high-level officeholders in the Bush administration have done over the past eight years, and recognizing what we have tacitly permitted, we would rather turn our faces forward toward a better future, promising that 2009 and the inauguration of Barack Obama will mean ringing out Guantanamo Bay and ringing in due process; it will bring the end of waterboarding and the reinstatement of the Geneva Conventions.

And America tends to survive the ugliness of public reckonings, from Nixon to Whitewater to the impeachment hearings, because for all our cheerful optimism, Americans fundamentally understand that nobody should be above the law. As the chief prosecutor for the United States at the Nuremberg trials, Robert Jackson, warned: “Law shall not stop with the punishment of petty crimes by little people. It must also reach men who possess themselves of great power.”

(emphasis mine)

The Obama administration intentionally chose to not just turn its back on the evidence but to use the power of the executive to hide it. The Justice Department under Eric Holder a has let an investigation into the destruction of taped evidence of torture to languish and has announced that there will be no charges.

Ms Litwick in her latest article at Slate, chronicles baby steps that have taken the United States from decrying torture to celebrating it. In it she point out President Obama’s lack of understanding of the consequences of ignoring the Bush administration war crimes

President Barack Obama decided long ago that he would “turn the page” on prisoner abuse and other illegality connected to the Bush administration’s war on terror. What he didn’t seem to understand, what he still seems not to appreciate, is that what was on that page would bleed through onto the next page and the page after that. There’s no getting past torture. There is only getting comfortable with it. The U.S. flirtation with torture is not locked in the past or in the black sites or prisons at which it occurred. Now more than ever, it’s feted on network television and held in reserve for the next president who persuades himself that it’s not illegal after all.

Now, apparently feeling emboldened by the Obama deference and complicity, George W. Bush is proudly proclaiming in his “cowboy-fashion” that he approved and authorized the use of illegal torture techniques. Bush has been all over the media spewing lies about his claims to have kept

“America safe” by torturing which have been debunked long ago.

By covering up torture evidence and allowing those who destroyed the taped evidence, Obama and Holder are shielding war criminals which according to the Nuremberg Principles is a war crime.

The conclusion of Ms. Litwick’s article, she sums up the consequences:

Those of us who have been hollering about America’s descent into torture for the past nine years didn’t do so because we like terrorists or secretly hope for more terror attacks. We did it because if a nation is unable to decry something as always and deeply wrong, it has tacitly accepted it as sometimes and often right. Or, as President Bush now puts it, damn right. It spawns a legal regime that cannot be contained in time or in place; a regime that requires that torture testimony be used at trials and that terror policies be from public scrutiny. It demands the shielding of torture photos and the exoneration of those who destroyed torture tapes just a day after the statute of limitations had run out. Indeed, as Andrew Cohen notes, when the men ordering the destruction of those tapes are celebrated as “heroes,” who’s to say otherwise? Check, please.

All this was done in the name of moving us forward, turning down the temperature, painting over the rot that had overtaken the rule of law. Yet having denied any kind of reckoning for every actor up and down the chain of command, we are now farther along the road toward normalizing and accepting torture than we were back in November 2005, when President Bush could announce unequivocally (if falsely) that “The United States of America does not torture. And that’s important for people around the world to understand.” If people around the world didn’t understand what we were doing then, they surely do now. And if Americans didn’t accept what we were doing then, evidently they do now. Doing nothing about torture is, at this point, pretty much the same as voting for it. We are all water-boarders now.

2 comments

    • on 11/11/2010 at 19:45
      Author
    • on 11/12/2010 at 15:11

    America is like post World War II Japan until today. In denial about its complicity about war crimes committed by its armed forces.  

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