planet earth looks blue

Spanish judge Baltasar Garzon, the same judge who ordered the arrest for Pinochet in 1998, will take the case against six officials linked to alleged illegal torture at Guantanamo Bay.  They could be indicted for fabricating legalistic justification for torture.  At this point the investigation is only in its beginning stages, it still has to be approved by prosecutors; but the reality of former Bush officials being judged by an international court for human rights abuses has officially been conceived.  Lawyers from around the world, particularly Europe, Canada, and the United States, have been looking at the legal issues surrounding the US military’s use of illegal torture techniques.  Spain plays a central role in this so far quiet battle for justice because 5 Spanish citizens or residents were actual tortured Guantanamo prisoners.  The complaint was filed by Gonzalo Boye at the National Court of Madrid.

It is unlikely that criminal charges will ever be filed against the former President and Vice-President, but some pretty high profile ex-administration officials are sitting on the scales of justice on this one.  They are fall-guy extraordinaire, ex-Attorney General Alberto Gonzales; John Yoo, a former Justice Department lawyer - he made up legal opinions so Bush could avoid the rules of the Geneva Conventions.  Also the former undersecretary of defense for policy, Douglas Feith; former general counsel for the Department of Defense, William Haynes II; John Yoo’s boss, Jay Bybee; and Dick Cheney’s chief of staff and legal adviser, David Addington.  How far this case will go is still in question.  If it is accepted, and the men are summoned to court, would they ever be arrested?  Does it really matter, or is it enough to have this issue of torture really brought to a courtroom?  To this day Bush denies that the US ever tortured anyone.  The truth remains, many men have died of ‘heart attacks’ while in US custody, and many who have since been released have spoken out about what happened to them, men who are now presumed innocent.  It is gravely important that when leaders violate international law that the illegal actions are addressed.  We have an international criminal court system to protect people from governments, from people who abuse their wealth of power.  When human rights violations are left unchecked, they are only being set up to happen again, and again.  They system of justice must be respected by everyone, and that includes western nations with a history of imperialism.  No wonder Al-Bashir, the fugitive President of Sudan, is scoffing at his arrest warrant.