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George Bush: Preliminary Indictment for Torture

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Earlier, Francis Boyle explained that he "resurrected a long-defunct World War II era ('unlawful enemy combatant') legal category," later superseded by the four Geneva Conventions.

He described Bush's action as "creat(ing) an anti-matter of legal nihilism where human beings (including US citizens) can be disappeared, detained incommunicado, denied access to attorneys and regular courts, tried in kangaroo courts, executed, tortured, assassinated and subjected to numerous other manifestations of State Terrorism." He almost entirely negated post-WW II international and US laws, including treaties to which America is party.

CCR's response, "provides a strong factual and legal basis to hold (him) accountable" in all 147 countries that ratified the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)...."

BTI "is based on two criminal complaints that were to be filed on February 7 in Switzerland on behalf of two torture victims," supported by CCR and allied groups, "in advance of Bush's planned trip to Geneva on February 12...."

Including are more than 2,500 pages of material. Under Swiss law, preliminary investigations may only begin if torturers enter the country. As a result, Bush cancelled his trip to avoid possible indictment. CCR promises BTI will await him "wherever he travels next."

Moreover, Amnesty International (AI) also repeatedly called for him to be investigated for torture violations, and sent Swiss authorities factual evidence of his culpability.

According to Martin Scheinin, UN Special Rapporteur on Human Rights and Counterterrorism:

"Nobody, from those who administered the practices to those at the top of the chain of command, is under a shield of absolute immunity for the practices of secret detention, extraordinary rendition and torture. Legally this case is quite clear. Bush does not enjoy immunity as a former head of state, and he has command responsibility for the decisions that were taken."

All his subordinate co-conspirators are also culpable, including former vice president Cheney. Getting them in the dock makes everyone involved vulnerable, including Obama administration officials following the same policies seamlessly. 

No one deserves impunity, even present and past US presidents as well as others holding top administration posts. After aggressive wars and genocide, torture is the worst international crime, warranting prosecutorial justice against guilty parties.

Stephen Lendman lives in Chicago and can be reached at Email address removed. Also visit his blog site at sjlendman.blogspot.com and listen to cutting-edge discussions with distinguished guests on the Progressive Radio News Hour on the Progressive Radio Network Thursdays at 10AM US Central time and Saturdays and Sundays at noon. All programs are archived for easy listening.

http://www.progressiveradionetwork.com/the-progressive-news-hour/ .

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Our "Rule of Law" by Dennis Kaiser on Tuesday, Feb 8, 2011 at 7:51:22 AM
Liberty and justice for all by Mike Preston on Tuesday, Feb 8, 2011 at 8:22:49 AM
It is not uncommon... by John Sanchez Jr. on Tuesday, Feb 8, 2011 at 8:52:56 AM
If you want to know why the effort made by Bugliosi et al. by Mark Adams JD/MBA on Tuesday, Feb 8, 2011 at 9:15:00 AM
I'd like to know how/why Bugliosi failed by Nick van Nes on Tuesday, Feb 8, 2011 at 9:48:28 AM
I'm constantly amazed, but not surprised. Still, I had hoped by Mark Adams JD/MBA on Wednesday, Feb 9, 2011 at 8:58:37 AM
Indeed, by Bugger on Friday, Feb 11, 2011 at 10:15:58 AM
Like 911, this is a much more critical path by Nick van Nes on Tuesday, Feb 8, 2011 at 9:35:35 AM
The judicially created doctrine of sovereign immunity is by Mark Adams JD/MBA on Tuesday, Feb 8, 2011 at 11:48:48 AM
It is a very small by Archie on Tuesday, Feb 8, 2011 at 5:01:15 PM
Defenders of Torture, Unite! by Don Smith on Tuesday, Feb 8, 2011 at 11:09:51 PM
You are so by Archie on Wednesday, Feb 9, 2011 at 12:15:14 AM
A recommendation of change regarding by Jim Reinhart on Wednesday, Feb 9, 2011 at 12:32:33 AM
Knowing the truth by Cliff Carson on Wednesday, Feb 9, 2011 at 3:41:50 PM
Prosecuting Bush is a positive step by Steven G. Erickson on Wednesday, Feb 9, 2011 at 4:11:39 AM
Prosecution by bradysbeau on Wednesday, Feb 9, 2011 at 6:05:38 AM