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What does torture have in common with genocide, slavery and wars of aggression? They are all “jus cogens.” That’s Latin for “higher law” or “compelli… - Marjorie Cohn
" "What does torture have in common with genocide, slavery and wars of aggression? They are all “jus cogens.” That’s Latin for “higher law” or “compelling law.” This means that under international law, no country can ever pass a law that allows torture. There can be no immunity from criminal liability for violation of a “jus cogens” prohibition. The United States has always prohibited torture — in our Constitution, laws, executive orders, judicial decisions and treaties. When we ratify a treaty, it becomes part of US law under the Supremacy Clause of the Constitution. “No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification for torture,” the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which the US ratified, states unequivocally. Torture is considered a grave breach of the Geneva Conventions, also ratified by the United States. Geneva classifies grave breaches as war crimes. The US War Crimes Act and 18 USC, sections 818 and 3231, punish torture, willfully causing great suffering or serious injury to body or health, and inhuman, humiliating or degrading treatment. And the Torture Statute criminalizes the commission, attempt, or conspiracy to commit torture outside the United States.
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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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The Trump administration is seeking extradition of WikiLeaks founder Julian Assange to the United States for trial on charges carrying 175 years in prison... The treaty between the U.S. and the U.K. prohibits extradition for a “political offense.” Assange was indicted for exposing U.S. war crimes in Iraq and Afghanistan. That is a classic political offense. Moreover, Assange’s extradition would violate the legal prohibition against sending a person to a country where he is in danger of being tortured.
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