If the U.S. government had prosecuted Bush administration officials for their war crimes during the “war on terror,” the ICC would not now take juris… - 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.

In order to have a legal arrest, you need probable cause to believe that the person committed a crime. And these snatches, by unidentified federal officials in unmarked vehicles, snatching peaceful protesters off the streets, transporting them to unknown locations without informing them of why they’re being arrested, and later releasing them with no record of their arrest, violates the law. And this “proactive” arrest that the Department of Homeland Security is intending to carry out, violates the Fourth Amendment, which requires that, as I said, an arrest be supported by probable cause.... There is nothing in the law that allows “proactive arrest.”

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.