torture – U.s. laws?????
Greenwald, “Professor Heller argues that this case provides an almost perfect precedent for holding OLC torture-authorizing officials accountable (emphasis in original):
The parallels between the Foreign Office’s role in the SS deportations and the OLC’s role in the CIA’s torture regime are uncanny. Nothing is lost if we simply substitute “Yoo, Bybee, and Bradbury” for “Woermann and von Weizsaecker,” “OLC” for “Foreign Office,” and “torture” for “deportations.”
Indeed, in one critical respect, the case against the authors of the OLC memos is even stronger than the case against von Weizsaecker and Woermann. The latter’s criminal participation in the deportations consisted solely of omissions — failing to point out that the deportations violated international law. The former’s criminal participation in the CIA’s torture regime, by contrast, consists of both acts and omissions, because Yoo, Bybee, and Bradbury not only failed to point out that the torture regime violated international law (and US law, as well), they crafted legal arguments to conceal the illegality of that regime.
Obviously, with the most powerful military in the world, the U.S. has the power to declare itself exempt from international law and to refuse to adhere to its own treaty obligations. We have the power (as distinct from the right) to ignore what the U.N. says about what we do and to refuse to abide by the standards we impose on others. Indeed, that the U.S. can legalize the very same methods that we have long condemned as “torture” when used by other countries was exactly the core argument made by OLC lawyers to justify what they were doing.”
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