If The International Community Decides To Prosecute-These Guys Are Toast (Nat'l Lawyers Guild)

[kpete]

The National Lawyers Guild, headed by Marjorie Cohn (who testified along with Sands and Rivkin at the HJC hearing last week) has posted a white paper in which they call for a special prosecutor, independent of the Department of Justice, to investigate and prepare charges against Yoo, Bybee and others: By logical extension, this paper explains why all those who approved the use of torture and committed it—whether ordering it, approving it or giving purported legal advice to justify it—are subject to prosecution under international and U.S. domestic law.

The prohibition against torture is a jus cogens norm. Jus cogens are defined as norms “accepted and recognized by the international community of states as a whole … from which no derogation is permitted…” In international criminal law, the legal duties that arise in connection with crimes designated as violations of jus cogens norms include the duty to prosecute or extradite, the non-applicability of statutes of limitations, the non-applicability of any immunities up to and including those enjoyed by Heads of State, the non-applicability of the defense of “obedience to superior orders” and universal jurisdiction over perpetrators of such crimes. Other jus cogens norms include the prohibitions against slavery, genocide, and wars of aggression. Jus cogens norms, like customary international law norms, are legally binding. No affirmative executive act may undercut the force of these prohibitions nor may a legislature legalize crimes designated as violating jus cogens norms or immunizing from prosecution those responsible. Jus cogens norms differ from norms which have attained the status of customary international law by dint of their universal and non-derogable character and the fact that jus cogens norms are peremptory, that is, they trump any other inconsistent international law.

In other words, it doesn’t matter what Bush or Congress does, if the international community decides to prosecute, these guys are toast.

more at:
http://marjoriecohn.com/labels/Torture.html

[LakeSamish706]

1. I hope we get to January 20/09 with an inauguration and then let the International...

community have at these losers.. Hope new President turns them over to the International community....

[eallen]

3. No. The US should prosecute these crimes itself. We are not a pariah state.

We are just suffering a pariah administration. Once we elect a decent president, we should see these crimes prosecuted by our own Department of Justice.

:hippie:

[Blue_In_AK]

5. You are absolutely correct.

If we don't clean up this mess ourselves, we will never regain our standing in the internatinal community. Like my mom always said, you make a mess, you clean it up.

[MissWaverly]

2. their own words convict them

They have written books up to the sky with their policies, their strategies, their manipulation of the truth to achieve their
goals. Did they think no one would read them?

[JDPriestly]

4. It may not be so simple. Bush and Congress may

be able to claim sovereign immunity, although I can think of arguments against their claim of sovereign immunity, especially as to acts committed against foreign nationals outside the United States. This is apparently an unsettled area of law.

http://www.asil.org/ajil/caplan.pdf

[Land Shark]

6. Glad to see "jus cogens" being cited here on DU as I've done several times over months.. .k&R

[Usrename]

7. Our courts cannot handle this kind of criminal enterprise.

This court is worse than the court that gave us Bush v Gore. Far worse. But there is, fortunately, and alternative.

The next president can just declare each of the offenders to be non-citizens, and then they can be prosecuted before a military commission.

It's all acceptable, in accordance with the new laws that were enacted by this administration.

Seriously though, off to the Hague with all of them. They have no strategic intelligence value.

[lonestarnot]

8. They have no value period, scum of the earth!

[pacalo]

9. Here's the link for the "Detainee Interrogation Rules" congressional hearing

during which Majorie Cohn & other legal scholars testified: http://www.c-spanarchives.org/library/index.php?main_page=product_video_info&products_id=205193-1

[struggle4progress]

10. Here's hoping they get jammed up good

[Kaleko]

11. That Marjorie Cohn is one fierce woman with the right credentials.

I wonder if she has any clout to get this ball hit out of the park.

[G_j]

12. Bless the NLG!

they are great!

[Princess Turandot]

13. The US never signed the Rome Treaty which established the Hague courts..

unless someone is planning to come here and kidnap these guys - which in the case of a Secret Service protected ex-Pres, might be a bit tough - I don't see how they will be answering to the International community.

[liberalla]

14. This is good news. Thank you Marjorie Cohn!

please, oh please prosecute these guys! I would like to think that we (the U.S.) will prosecute them ourselves, but if we don't--I hope the Intl. community will.

It makes me sick when I think of what they've done. It will really make me ill if they get away with it.

[sfaprog]

15. If they are prosecuted here...

it could ultimately go to the Supreme Court... who I'm guessing will find law somewhere to let these guys walk.

[G_j]

16. kick