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Originally posted by jam321
The UN can't even prosecute its own.
Originally posted by centurion1211
This is soooo short-sighted and quite naive.
You simply can't have the leaders of the U.S. or any other major country put on trial. Doing so would forever handcuff those leaders from ever making a tough decision.
Originally posted by questioningall
Originally posted by pieman
yes, but unless it's specifically against the law in the US before now, they'll have to make it law now and they'll have a hard time prosecuting GWB and co. retrospectively.
You have to watch the video, it IS against the law in the U.S., due to the fact that Reagan signed a treaty, that makes it International law and U.S. law.
He said it is a REAL requirement for any country to put on trial "anyone" who has committed torture, condoned and ordered it.
He says, all the people who "did" the torture, those who "ordered" the torture, those who "condoned" the torture.
He said there IS direct evidence that Rumsfield is the one who ordered it.
The U.S. does not have a choice in the matter, if they don't - then the Obama administration then is a culprit to the "condoning" of torture.
Originally posted by questioningall
reply to post by centurion1211
The fact is.... if we do not investigate and do not put those who tortured on trial, then all the other countries can go against the treaty also. In other words we will go to barbaric situations regarding all POWs.
Originally posted by pieman
do you believe they should be immune from prosecution no matter what they do?
[edit on 27/1/09 by pieman]
Originally posted by pieman
reply to post by centurion1211
hang on one second there, if this is actually against the law in the US, as has been alleged, then there is no slippery slope, there is simply legal and illegal.
CONVENTION AGAINST TORTURE and Other Cruel, Inhuman or Degrading Treatment or Punishment (signed by the U.S. under Ronald Reagan):
Article 2
1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.
2. No exceptional circumstances whatsoever, whether a state of war or a threat or war, internal political instability or any other public emergency, may be invoked as a justification of torture.
3. An order from a superior officer or a public authority may not be invoked as a justification of torture. . . .
Article 4
1. 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 7
1. The State Party in territory under whose jurisdiction a person alleged to have committed any offence referred to in article 4 is found, shall in the cases contemplated in article 5, if it does not extradite him, submit the case to its competent authorities for the purpose of prosecution.
Article 15
Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made.
Ronald Reagan, 5/20/1988, transmitting Treaty to the U.S. Senate:
The United States participated actively and effectively in the negotiation of the Convention. It marks a significant step in the development during this century of international measures against torture and other inhuman treatment or punishment. Ratification of the Convention by the United States will clearly express United States opposition to torture, an abhorrent practice unfortunately still prevalent in the world today.
U.S. Constitution, Article VI:
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
Originally posted by centurion1211
reply to post by pieman
That's part of the treaty. Where's the corresponding U.S. law I asked about? And your reference to Article VI of the U.S. Constitution says the Constitution rules over all other laws. I think that especially means foreign (or UN) laws.
And as I mentioned before, how about if the UN and the rest of the world cleans up their own house first? No comments on that?
[edit on 1/27/2009 by centurion1211]
Originally posted by centurion1211
And as I mentioned before, how about if the UN and the rest of the world cleans up their own house first?
The true purpose of the Article VI Supremacy Clause is to designate the Constitution as the “super supreme” to which all other enactments — treaties, federal statutes, state constitutions or statutes — must conform. In keeping with the federalist structure of the Constitution, treaties can only be used to carry out the “few and defined” powers conferred upon the federal government; otherwise, they are, from a constitutional perspective, null and void.