Still mad about torture?
by Tom Temple
15 January 2009
I certainly am. I would be very disappointed not to see a few people (e.g. Rumsfeld) brought to trial. I am aware, however, of how much political capital this would cost the new administration. Lithwick argues that as of this moment he can no longer do nothing. Here’s what I would do if I were Obama.
I wouldn’t push the prosecution myself. Instead, I would (publicly) send all of the documentation to the Hague. At this point any country that is a party to the torture convention would be free to arrest and try them. In fact, I might (privately) hint that we would be willing to extradite people to the ICJ. I would even issue pardons if that would help the ICJ get jurisdiction.
At worst we lose a little more face for running afoul of our treaty obligation (for not arresting them ourselves) and restrict these guys from ever leaving the country. At best we get to affirm the validity of, and our adherence to, international law while at the same time sending some of these treasonous bastards to jail.
