Thursday, April 9, 2009

The Long (and very delayed) Arm of the Law

Here is an interesting article in the New Yorker by Jane Mayer talking about justice finally being brought against the Bush admininstration for its crimes:
About a year ago, a book came out in England that made a fascinating prediction: at some point in the future, the author wrote, six top officials in the Bush Administration would get a tap on the shoulder announcing that they were being arrested on international charges of torture.

If the prediction seemed improbable, the background of the book’s author was even more so. Philippe Sands is neither a journalist nor an American but a law professor and a certified Queen’s Counsel (the kind of barrister who on occasion wears a powdered horsehair wig) who works at the same law practice as Cherie Blair. Sands’s book, “Torture Team,” offers a scathing critique of officials in the Bush Administration, accusing them of complicity in acts of torture. When the book appeared, some scoffed. Douglas Feith, a former Pentagon official, dismissed Sands as “a British lawyer” who “wrote an extremely dishonest book.”

Last week, Sands’s accusations suddenly did not seem so outlandish. A Spanish court took the first steps toward starting a criminal investigation of the same six former Bush Administration officials he had named, weighing charges that they had enabled and abetted torture by justifying the abuse of terrorism suspects. Among those whom the court singled out was Feith, the former Under-Secretary of Defense for Policy, along with former Attorney General Alberto Gonzales; John Yoo, a former Justice Department lawyer; and David Addington, the chief of staff and the principal legal adviser to Vice-President Dick Cheney.
Philippe Sands has written two books:
  • Lawless World, where he accuses US President George W. Bush and Prime Minister Tony Blair of conspiring to invade Iraq in violation of international law

  • Torture Team: Rumsfeld's Memo and the Betrayal of American Values
Read the whole article by Jane Mayer about Philippe Sands and the case he is bringing forward. It is fascinating:
His mother and her parents were Viennese Jews who barely survived the Holocaust; his mother spent the first seven years of her life in hiding, away from her family. “It inculcated a burning sense of being aggrieved at wrongdoing, and at the failure of people to take responsibility for their actions,” Sands said.

Sands got his first chance to demonstrate his convictions professionally in 1998. He was in Paris, for the unveiling of his grandfather’s gravestone, when he received a call asking him to represent Augusto Pinochet, the former Chilean dictator. He told his wife, Natalia Schiffrin, about the offer. “Philippe, if you do,” Sands recalls her saying, “I will divorce you!” (She is American, and the daughter of the book publisher AndrĂ© Schiffrin, a founder of Students for a Democratic Society.) Sands declined the case. Instead, he signed on to represent the other side, and helped pursue Pinochet for violations of international law. The case became a turning point in international law, establishing the principle that there is no immunity even for the highest-ranking former government officials when they are accused of torture.

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