Gen. Barry McCaffrey noted, “We tortured people unmercifully. We probably murdered dozens of them during the course of that, both the armed forces an… - Marjorie Cohn

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Gen. Barry McCaffrey noted, “We tortured people unmercifully. We probably murdered dozens of them during the course of that, both the armed forces and the CIA.” Maj. Gen. Antonio Taguba, who directed the Abu Ghraib investigation, wrote, “there is no longer any doubt as to whether the [Bush] administration has committed war crimes. The only question that remains to be answered is whether those who ordered the use of torture will be held to account." ...The Obama administration’s refusal to bring the torturers to justice sends a clear message to future administrations — including the incoming one — that they can use torture with impunity. Moreover, if the United States does return to the bad old days of torture, “what kind of message would that be to the world?” asked Nils Melzer, UN special rapporteur on torture. “If the United States does it, those other countries will know they can get away with it. The last thing the world needs is a US president legitimizing this.”

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About Marjorie Cohn

Marjorie Cohn (born November 1, 1948) is an American professor emerita at the Thomas Jefferson School of Law, San Diego, California, former president of the National Lawyers Guild, a legal scholar, political analyst, & author of books and articles. She lectures throughout the world about US foreign policy, human rights, and the contradictions between the two.

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WikiLeaks... published nearly 400,000 field reports about the Iraq War, which contained evidence of U.S. war crimes, over 15,000 previously unreported deaths of Iraqi civilians, and the systematic murder, torture, rape and abuse by the Iraqi army and authorities that were ignored by U.S. forces. In addition, WikiLeaks published the Guantánamo Files, 779 secret reports that revealed the U.S. government’s systematic violation of the Geneva Conventions and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, by abusing nearly 800 men and boys, ages 14 to 89.
One of the most notorious releases by WikiLeaks was the 2007 “Collateral Murder” video, which showed a U.S. Army Apache helicopter target and fire on unarmed civilians in Baghdad. More than 12 civilians were killed, including two Reuters reporters and a man who came to rescue the wounded. Two children were injured. Then a U.S. Army tank drove over one of the bodies, severing it in half. Those acts constitute three separate war crimes prohibited by the Geneva Conventions and the U.S. Army Field Manual.

After the prosecutor of the International Criminal Court (ICC) found a reasonable basis to believe that U.S. military and CIA leaders committed war crimes and crimes against humanity in Afghanistan, Team Trump threatened to ban ICC judges and prosecutors from the U.S. and warned it would impose economic sanctions on the Court if it launched an investigation... Once again, the Trump administration is threatening the International Criminal Court. Following the Appeals Chamber’s decision, Secretary of State Mike Pompeo declared, “This is a truly breathtaking action by an unaccountable political institution, masquerading as a legal body.” He added, “The United States is not a party to the ICC, and we will take all necessary measures to protect our citizens from this renegade, so-called court.” Pompeo is likely referring to the American Service-Members’ Protection Act... it says that if a U.S. or allied national is detained by the ICC, the U.S. military can use armed force to extricate the individual. Although this provision has not yet been utilized, the potential for its use is frightening.

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A war crimes complaint has been filed against President Donald Trump, Israeli Prime Minister Benjamin Netanyahu and Trump adviser Jared Kushner in the International Criminal Court (ICC).... The complaint, filed by Middlesex University law professor William Schabas on June 30 on behalf of four Palestinians who live in the West Bank, states “there is credible evidence” that Trump, Netanyahu and Kushner “are complicit in acts that may amount to war crimes relating to the transfer of populations into occupied territory and the annexation of the sovereign territory of the State of Palestine.” Under article 15 of the ICC’s Rome Statute, any individual, group or organization can bring a complaint to the Office of the Prosecutor. ... Schabas’ complaint comes on the heels of unusual moves last month from the Trump administration, which declared a “national emergency” in June in an effort to shield U.S. and Israeli officials from ICC accountability for war crimes and crimes against humanity.

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