{"id":1884,"date":"2008-11-23T11:43:14","date_gmt":"2008-11-23T15:43:14","guid":{"rendered":"https:\/\/blacknell.net\/dynamic\/?p=1884"},"modified":"2008-11-23T11:43:14","modified_gmt":"2008-11-23T15:43:14","slug":"responsibility-personal-and-otherwise","status":"publish","type":"post","link":"https:\/\/blacknell.net\/dynamic\/2008\/11\/23\/responsibility-personal-and-otherwise\/","title":{"rendered":"Responsibility, Personal and Otherwise"},"content":{"rendered":"

Scott Horton has a short piece at Harpers<\/a> that I hope everyone at the Department of Justice will read.\u00c2\u00a0 I also invite you to read the whole thing.\u00c2\u00a0 In case you don’t feel like clicking, though, I’m going to borrow a little more than I should:<\/p>\n

The most remarkable part of the [new report entitled \u00e2\u20ac\u0153Guant\u00c3\u00a1namo and Its Aftermath<\/a> , as prepared by The Human Rights Center of the University of California<\/a>] is certainly the forward written by Patricia Wald, one of the nation\u00e2\u20ac\u2122s most respected retired federal appellate judges. Judge Wald has a credential that few of her colleagues share: she left the court of appeals to serve as a war crimes tribunal judge for Yugoslavia and she also served as a member of the Commission President Bush constituted to look at the false allegations of WMDs in Iraq. Judge Wald compared the current allegations surfacing about detainee abuse authorized by President Bush with the cases she examined coming out of the war in Yugoslavia\u00e2\u20ac\u201dthat resulted in the indictment and conviction of a number of political leaders in the Balkans. Here\u00e2\u20ac\u2122s what she has to say:<\/p>\n

There are bound to be casualties when any nation veers from its domestic and international obligations to uphold human rights and international humanitarian law. Those casualties are etched on the minds and bodies of many of the 62 former detainees interviewed for this report, many of whom suffered infinite variations on physical and mental abuse, including intimidation, stress positions, enforced nudity, sexual humiliation, and interference with religious practices.<\/p>\n

Indeed, I was struck by the similarity between the abuse they suffered and the abuse we found inflicted upon Bosnian Muslim prisoners in Serbian camps when I sat as a judge on the International Criminal Tribunal for the former Yugoslavia in The Hague, a U.N. court fully supported by the United States. The officials and guards in charge of those prison camps and the civilian leaders who sanctioned their establishment were prosecuted\u00e2\u20ac\u201doften by former U.S. government and military lawyers serving with the tribunal\u00e2\u20ac\u201dfor war crimes, crimes against humanity and, in extreme cases, genocide.<\/em><\/p><\/blockquote>\n

There should be no confusion about what is being said here. One of America\u00e2\u20ac\u2122s most prominent judges\u00e2\u20ac\u201cand one of our few judicial experts on war crimes\u00e2\u20ac\u201cis saying that the factual basis exists to charge officials of the Bush Administration. The test is fairly simple: is the United States now prepared to apply to itself the same legal standards that the United States applied to political leaders in the former Yugoslavia? It is in the end a simple question of justice. And a question of whether the United States is prepared itself to live by the standards it imposes on others.<\/p><\/blockquote>\n

This is fundamental.<\/p>\n","protected":false},"excerpt":{"rendered":"

Scott Horton has a short piece at Harpers that I hope everyone at the Department of Justice will read.\u00c2\u00a0 I also invite you to read the whole thing.\u00c2\u00a0 In case you don’t feel like clicking, though, I’m going to borrow a little more than I should: The most remarkable part of the [new report entitled […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"ngg_post_thumbnail":0,"activitypub_content_warning":"","activitypub_content_visibility":"","activitypub_max_image_attachments":4,"activitypub_interaction_policy_quote":"anyone","activitypub_status":"","footnotes":""},"categories":[4,3],"tags":[],"class_list":["post-1884","post","type-post","status-publish","format-standard","hentry","category-law","category-society"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/blacknell.net\/dynamic\/wp-json\/wp\/v2\/posts\/1884","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blacknell.net\/dynamic\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blacknell.net\/dynamic\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blacknell.net\/dynamic\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/blacknell.net\/dynamic\/wp-json\/wp\/v2\/comments?post=1884"}],"version-history":[{"count":1,"href":"https:\/\/blacknell.net\/dynamic\/wp-json\/wp\/v2\/posts\/1884\/revisions"}],"predecessor-version":[{"id":1885,"href":"https:\/\/blacknell.net\/dynamic\/wp-json\/wp\/v2\/posts\/1884\/revisions\/1885"}],"wp:attachment":[{"href":"https:\/\/blacknell.net\/dynamic\/wp-json\/wp\/v2\/media?parent=1884"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blacknell.net\/dynamic\/wp-json\/wp\/v2\/categories?post=1884"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blacknell.net\/dynamic\/wp-json\/wp\/v2\/tags?post=1884"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}