The Senate report and plenty of evidence shows torture happened and was officially sanctioned.
It is for the trial to decide who knew what, who was responsible and who is guilty. Individuals are innocent until proven guilty, but it clear that very severe crimes were committed and people were responsible: not just ther torturers who say “I was only following orders” but those who gave the orders – including high in the command chain.
That is illegal under international law, Geneva Convention and explicit treaties
(most specifically the Convention Against Torture – which President Reagan signed & USA has formally ratified)
(please go upvote that)
We also need to demand prosecution for these actions, now that they’re public. Everybody from the lowliest clerk to residents of the White House who were involved must stand trial.
Article 4.1 of the(signed in 18 April 1988, ratified 21 October 1994) says, “Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture.” Article 2 also details that, no, the “ticking bomb scenario” isn’t justification and Article 7 requires prosecution of the crime.
Just a treaty, no big deal, right? Not if you read Article 6 of the United States Constitution, stating “…all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land…”
and US Domestic Law (18 U.S.C. § 2340 and 8th Amemndment “cruel and unusual punishment”).
The USA has investigated sitting Presidents before: rememberor Watergate. So proceeding against an ex-President is hardly a big deal.
And these crimes are infinitely more egregious than either Whitewater or Watergate ever were.
I find it amusing that partisan supporters of “the imperial President” are now saying “nothing to do with him. It happened on his watch but not his responsibility”
I guess leadership and “the buck stops here” are no longer in fashion?
But of course, he won’t be.
Sad, that a country which once prided itself on being based on law and on moral principle is prepared to shrug at committing such awful crimes.
No wonder China, Putin and North Korea are gloating at how America has abandoned any pretence at moral high ground, to join them in toirture and ignoring the rule of law.
War crimes do have universal jurisdiction.
So although it should be the US who prosecuted these crimes, it would be possible for any country to do so if the perpetrator came to their territory.
Think of Pinochet being prosecuted by Spain.
So some of these people might be quite careful of ever leaving the country.