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Former Member
 
CIA techniques in Bush era tantamount to war crimes: Zelikow

Waterboarding causes the sensation of drowning.
 
Sat Apr 7, 2012 12:7PM
 
I do regard the interrogation practices and conditions of confinement, taken together, as torture -- in the ordinary layman's use of this term."

Former US State Department Counselor Philip Zelikow

Former US State Department Counselor Philip Zelikow has described the interrogation techniques during the administration of George W. Bush as torture.

 

In an interview with The Guardian, Zelikow said that he regards what officials called "enhanced interrogation," such as sleep deprivation and waterboarding, as torture.

"I do regard the interrogation practices and conditions of confinement, taken together, as torture -- in the ordinary layman's use of this term," he said.

Zelikow also noted that he had warned in a secret memo in 2006 that the torture techniques breached international and US war crimes laws.

The Bush administration immediately rejected Zelikow's report and ordered copies of the memo to be destroyed.

Zelikow explained that he has little doubt that the methods were unacceptable, saying "I think what they did was wrong."

He added that a later supreme court ruling that the Geneva Conventions do apply to those deemed by the Bush administration to be "illegal combatants" reinforced his position that some of the CIA's interrogation methods were illegal.

"If I was right, officials would be violating the federal War Crimes Act, a felony punishable by up to life imprisonment," he said.

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...On his second full day in office, President Barack Obama formally disavowed torture,banning the types of techniques Zelikow had objected to so strongly in his memo.

 

But while Democrats are using the memo as evidence of a new post-torture era under Obama, human rights activists, civil libertarians and opponents of excessive secrecy say they see many ways in which the country's moral compass is still askew -- and in some ways even more so than before.

 

"If your baseline is the Bush years, it's night and day," said Tom Blanton, director of the National Security Archive. "If your baselines are a set of first principles, as the ACLU calls for, or as us openness advocates call for, then your situation is: Is the glass half full or the glass half empty?"

 

Obama has refused to pursue legal action against those who may have engaged in law-breaking under his predecessor's watch -- saying he prefers to "look forward instead of looking backward." To some, this indicates there is little assurance that the U.S. won't torture again in the future.

 

"The administration has clearly disavowed torture, and that is an important and welcome thing," said Jameel Jaffer, a national security expert at the American Civil Liberties Union.

 

"But they're steadily building a framework for impunity."

 

When it comes to issues like warrantless surveillance, "continuity is the rule and not the exception and in fact in some very important areas this administration has gone even farther than the Bush Administration did," Jaffer said.

 

Most alarming, says Jafeer, is the issue of the targeted killing of American citizenswho are terrorism suspects.

 

Jaffer said the idea that the government can mark an American for death without any judicial oversight is something the framers of the Constitution "would have found totally foreign to the project they were engaged in."

 

"I think there are many Democrats out there who are quiet because they trust President Obama," Jaffer said. But, he added, "there's no doubt that the power we're giving President Obama will be available to a future president."

 

Jaffer noted that another way things may be worse today than during the Bush era is that at least back then, many people thought things would change dramatically once Bush left office, and that his actions wouldn't establish legal precedents.

 

"We didn't worry so much about that because the Bush Administration was seen as an outlier and an aberration, and the Bush precedent wouldn't have been seen as weighty," Jaffer said. By contrast, "It's not at all difficult to imagine [future presidents] citing President Obama in their defense of carrying out more targeted killings of American citizens."

 

"Now we're making many of these emergency powers permanent ... and bipartisan. We're enshrining these things into our permanent law."

 

Kate Martin, director of the Center for National Security Studies, sees some good and some bad in terms of where the government stands on national security issues today. "The Obama Administration has made significant and substantial changes to counterterrorism policy as it relates to human rights and civil liberties -- for example, in their detention policies and their recognition of the limits of military power and the importance of following traditional laws of war in an armed conflict," she said.

 

And yet, she said: "The administration has done much less to fix the problems of too much surveillance, without enough good reasons, of too many people."

Transparency about what the administration is doing and why "is mixed," she said, with both "important disclosures and inexplicable withholdings."

Blanton, director of the National Security Archive, said he doesn't think it is all Obama's fault. He blames congressional Republicans for blocking Obama's attempts to close the Guantanamo prison, for instance, and the intelligence agencies for much of the rest.

 

"The intelligence agencies are at the front of the resistance," Blanton said. "They're resisting accountability for what they themselves did."

 

Ten months into Obama's presidency, White House Counsel Greg Craig resigned, a move some saw as a purge and grim sign for any hope that the president would keep fighting on these issues. Craig is known to have advocated strongly for Obama to hold fast to the principles that he has espoused in regards to dealing with torture suspects -- regardless of the immediate political consequences.

Where does that leave us? "I wouldn't call us an outlaw nation," Blanton said, "but I don't think we've come to terms with our gang period."

 

http://www.huffingtonpost.com/...12.html?ref=politics

FM

 

George W. Bush, Tony Blair found guilty of war crimes â€Ķ in Malaysia

 Nov 22, 2011 9:34 AM ET

Win McNamee/Getty Images

Win McNamee/Getty Images

George W. Bush, left, and Tony Blair.

 

KUALA LUMPUR — Former U.S. President George W. Bush and British ex-Prime Minister Tony Blair have been found guilty at a mock tribunal in Malaysia for committing “crimes against peace” during the Iraq war.

The Kuala Lumpur War Crimes Tribunal, part of an initiative by former Malaysian premier Mahathir Mohamad — a fierce critic of the Iraq war — found the former leaders guilty Tuesday after a four-day hearing.

“The Tribunal deliberated over the case and decided unanimously that the first accused George Bush and second accused Blair have been found guilty of crimes against peace,” the tribunal said in a statement.

 

“Unlawful use of force threatens the world to return to a state of lawlessness. The acts of the accused were unlawful.”

 

AFP PHOTO/Luke FRAZZA/file

US President George W. Bush (L) walks with British Prime Minister Tony Blair (R) and Bush's dog Spot 23 February 2001 at the Camp David presidential retreat in Maryland

 

Mahathir, who stepped down in 2003 after 22 years in power, unveiled plans for the tribunal in 2007 just before he condemned Bush and Blair as “child killers” and “war criminals” at the launch of an annual anti-war conference.

A seven-member panel chaired by former Malaysian Federal Court judge Abdul Kadir Sulaiman presided over the trial, which began last Saturday, and both Bush and Blair were tried in absentia.

“The evidence showed that the drums of wars were being beaten long before the invasion. The accused in their own memoirs have admitted their own intention to invade Iraq regardless of international law,” it said.

The verdict is purely symbolic as the tribunal has no enforcement powers.

The tribunal is also expected to later hear torture and war crimes charges against seven others, including former U.S. Secretary of Defence Donald Rumsfeld and former Vice-President Dick Cheney.

FM

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