The Supreme Court's refusal this week to hear the claims of Maher Arar, a Canadian sent to Syria to be interrogated under torture in 2002, is appropriately being condemned as another example of the U.S. avoiding any legal or moral responsibility for government- sanctioned torture.
What seems to shock and outrage people about the Arar case in particular is that the facts are not in dispute. Canada, whose security services were complicit in his rendition to Syria, has publicly acknowledged its responsibility, compensated Arar, and launched a criminal investigation of U.S. and Syrian officials. The United States, on the other hand, has still neither admitted its role nor held any U.S. officials accountable. And, it hasn't paid Arar a dime.
The United States' refusal to acknowledge its role in the torture of terrorism suspects even when faced with overwhelming evidence of U.S. involvement has become an unfortunate pattern. But it's heartening to see that other countries aren't dropping the matter.
On Monday, the European Court of Human Rights announced that it would hear the case of Khaled el-Masri, a German citizen seized by Macedonian authorities at the request of the United States. El-Masri was beaten and abused during interrogations in both Macedonia and the notorious "Salt Pit" in Afghanistan. Authorities unceremoniously dumped him on a roadside in Albania without charging him with any wrongdoing.His case against U.S. officials was dismissed by a federal court on the grounds that it would reveal "state secrets." The Bush and Obama Administrations have both invoked State Secrets to stop the disclosure of evidence that may reveal government misconduct.
And last year, an Italian court convicted 21 alleged CIA operatives and a US air force operator for their role in the kidnapping and rendition to Egypt of Abu Omar, a Muslim cleric who was already under surveillance by Italian authorities, who suspected him of having ties to al Qaeda. Omar claims he was held incommunicado and tortured in an Egyptian prison for seven months. He was eventually released without charge.
The Obama administration has repeatedly insisted that it wants to look forward, not backward, and so has refused to examine the role of senior U.S. officials in the torture of terrorism suspects. In adopting that position, the government is reneging on its obligations under the Convention Against Torture, which demands both that torturers be held accountable and that victims receive remedies.
Until the U.S. lives up to those responsibilities, its past practices and officers will continue to be scrutinized by foreign governments and justice systems. Those verdicts will cast judgment not only on the past administration's conduct, however. To the extent that foreign governments have to intervene to bring justice to victims of U.S. policies, they will reveal the extent of the United States' current respect for the rule of law as well.
Follow Daphne Eviatar on Twitter:
www.twitter.com/deviatar
The true test of the strength of your convictions is when your people and your soldiers are being tortured and killed by an enemy that has no moral code. The meme about “liberty and justice for all” in the pledge of allegiance rings quite hollow if we allow the personal liberties and inalienable rights of ourselves and/or others to be trampled during times of strife.
Everyone, myself included experiences a flash of anger and the overwhelming urge for revenge when we see soldiers and innocent Americans being killed or tortured, but hopefully we also have a little voice in our heads that reminds us of our principles and our dedication to them.
If we allow torturers to escape unpunished, then we are a nation of torturers. If we allow crimes to be committed in the name of freedom, then we have lost our freedom. Getting someone else to commit our crimes for us in no way mitigates our guilt.
No call for justice for the Americans soldiers, or it's allies, or NATO forces, or journalists that have suffered brutal torture and beheading, and being paraded and drug in the streets, at the hands of the soldiers of the Afghanistan's or Iraqi's. None, zip, zilch, nada, zero.
What's good for the goose isn't good for the gander? We can't do it, they can? International law doesn't apply to all, just some?
I repeat, NO ONE IS ABOVE THE LAW. We are AMERICANS and we should Stand with Fortitude and Moral fiber to exhibit the BEST legal, ethical, equality practices in the World for ALL citizens. With a good solid base we can then get others on board. It may not be popular to SAY WE WERE WRONG and that WE ARE ACCOUNTABLE for blattant criminal behavior; but we must for America to move forward to become the Shining Light others will follow.
However, Obama is guilty of having voted himself, every other member of congress, and the Presidency amnesty in these acts. One of the few laws which he didn't vote 'present' for.
Numerous times in the past the USA, even under GW Bush, demanded that other nations arrest an ex-President or standing President of that nation to face criminal charges under the numerous international treaties against torture, inhumane activity, genecide, war crimes, etc. Why is it that we can demand this of any other nation, but refuse to follow the same when it involves the USA?
TO BE CONTINUED...
I am a retired wartime veteran who has worked anti-terrorism against the Baader-Meinhof Netword (Gang) in Germany and I swore an oath to obey the US Constitution, laws, etc. Our President has also taken an Oath of Office to do the same. Like it or not, if you believe in and respect the Constitution of the USA and are a patriotic American you must demand that our President do that which is required under the Constitution, US Code of Laws and the Treaties we are a party to.
New and improved with terrorist fighting Obama! For that sparkling clean-hands feel!
BTW - Bitchin' handle.
We do have other horrific crimes with other than MEastern Suspects.
Rape, Child Rape, kidnapping, murder, terrorism,..
Besides how much could our own govt believe in it when they repeatedly denied they were doing it, authorized it,... and sat back and watch low-ranking troops go to prison over the very conditions their carte blanche authority enabled.
While the world, and the USA provides pictures of the torture of ME victims, with all it's horrors, it refuses to show pictures of the USA victims. They are silenced. Ms. Eviatar has nothing to say about them. Nothing.
Why is that? There is no money to be made off of them?
Rape, child rape, kidnapping, murder, terrorism............yup, it is all there and is being committed by both sides. Do you think that the ME's should be brought to justice as well, or just the Americans?
WE are the Americans. We are SUPPOSED to be the good guys. We are supposed to be ABOVE "rape, child rape, kidnapping, murder, terrorism," and TORTURE. We have sent wave after wave of our armies on to foreign soil for almost a decade. A great many of the victims of our aggression are guilty of NOTHING. If we lose our moral authority, we're nothing.
"Do you think that the ME's should be brought to justice as well, or just the Americans? "
By "ME's" I assume you mean "Middle Easterners"? TERRORISTS should be brought to justice, certainly. Do I need to remind you (I probably do) that not every Muslim is a terrorist? Are you one of those people who views every injustice that Americans inflict in the Mideast as payback for 9/11? Just how broad and indiscriminate of a swath were you planning to cut through the civilian population, to get at the terrorists?
If you are so comfortable with that way of doing business, you might want to consider enlisting. It's not like the Obama Administration is showing any signs of reining in the vengeful attitudes of the past decade.
They gave him eighteen months, and a Nobel Peace Prize in the mean time. I think they've been more than patient.
A review of the news suggests that those courts have been sitting on enough evidence to go to trial for quite some time. Abu Ghraib happened way back in 2003. A few underlings were prosecuted for the torture that took place there, but most people believe that the chain of responsibility reached considerably higher. Ditto for Baghram, Guantanamo, and various extraordinary rendition cases. We've been talking about this for years.
"On Monday, the European Court of Human Rights announced that it would hear the case of Khaled el-Masri, a German citizen seized by Macedonian authorities at the request of the United States. El-Masri was beaten and abused during interrogations in both Macedonia and the notorious "Salt Pit" in Afghanistan. Authorities unceremoniously dumped him on a roadside in Albania WITHOUT CHARGING HIM WITH ANY WRONGDOING."
Try him, convict him. THEN he's a terrorist and can pay the penalty. Not before.
Define "is".
Is that familiar, or quickly forgotten?
And caught in perjury. Remember that?
"But but but... Cliiiiintoooooonnnnn...."
When I hear Teabaggers whining about how left-wing this country has supposedly become, I don't know whether to laugh or cry.
They aren't special, not even worth a mention, huh? Let them continue to be tortured, beheaded and drug through the streets?
But you have violated no obligations?
Something like the sacrifice of the many to assure the prosecution of the few for sacrificing the many...
Nosy...?
Bringing home the troops is a different issue. Wanting those in this country, military and political, responsible for reprehensible behaviors like torture to be prosecuted for their crimes doesn't say anything at all about what I believe our troops should be doing.
Money is the answer. There is no money to be made off of them. You can't sue impoverished nations. They have no money.
On the other hand, just think of the money that could be made if America was sued, or Britain was sued, or any other country of the NATO forces.
Money makes the world go round, folks. This is about money. Not about justice.
They are there, American human beings have suffered immeasurable torture. The question remains do you care? It really is a very simple question.
The guilty protest the loudest when the eye of justice turns on them. Witness Cheney's endless attempts at diversion and distraction.
Ms. Eviatar simply points out the obvious.
Whether or not the Obama administration has the stomach for it, there will be an accounting and as an American citizen I want to see the criminals prosecuted under all applicable law, domestic and international.
I want to see American justice prevail against American criminals.
Let's not call them troops, let's call them what they are, people, human beings, how's that sound?
You do remember they are human beings, correct?
You want to see justice against American criminals but not her enemies?
And what about compensation for them? Do you care? Or, do you consider all the military people that served in the conflict, criminals?
Political service used to be in the same category as military service, a personal sacrifice for the good of the nation/country. The difference now is politicians write and pass legislation while our true defenders follow the orders of politicians, many of whom wear uniforms.
So now politicians get rich while those who actually make sacrifices get screwed...legally, mind you. Let's not forget that politics and defense (including law enforcement) are polar opposites: Defense is physical in nature and pretty hard to fake, while politics are based in abstracts like image and perception, and so easy to fake the fakers forget they're fakes because they have to put in very little effort.
So since the age of innocence ended, which I believe was the result of the Cuban Missile Crisis when the country and world first realized it could actually all be destroyed, we see political assassinations galore accompanied by an overt campaign by corporate America to effectively seize political power. The Vietnam War really gets going right after JFK's death, and the military-industrial machine started by Lincoln grows leaps and bounds.
Now "we" seem to want nothing more than a constant war status, readily provided by an enemy that is neither nation bound or readily identifiable. Someone's getting very wealthy supplying our military efforts while someone else is getting rich supplying them wars and a third party to do the fighting, dying and paying.