Can Spain really prosecute George W. Bush aides over torture?

The White House has discouraged any talk of prosecuting George W. Bush or any of his aides over the torture of terrorism suspects -- which President Obama has now outlawed. The new president says he just wants to move on from the policies of the old one.

But not everyone agrees. Democratic Sen. Patrick Leahy of Vermont has called for a Truth Commission, modeled on South Africa's transition from apartheid, to explore who was responsible for sending the United States down the path of torture. And now a court in Spain is weighing an investigation into whether Bush administration officials violated the Geneva Convention in authorizing waterboarding and other harsh interrogation techniques used with terrorism suspects after 9/11.



On the hit list: former Atty. Gen. Alberto Gonzales, former Justice Department lawyer John Yoo and his boss (now a judge) Jay Bybee, Bush-era Pentagon officials Doug Feith and William Haynes II, and David Addington, chief of staff and legal adviser to former Vice President Dick Cheney.

Spain argues that it has jurisdiction in the case because five Spanish prisoners at Guantanamo Bay allege they were tortured. And human rights organizations in the United States agree.

As Michael Ratner, president of the Center for Constitutional Rights, said last week, "the importance of this investigation cannot be understated. Contrary to statements by some, the Spanish investigations are not 'symbolic.' Just ask Augusto Pinochet, who was stranded under house arrest in England and who ultimately faced criminal charges in Chile because of the pressure of the Spanish courts.” He added, “If and when arrest warrants are issued, 24 countries in Europe are obligated to enforce them. The world is getting smaller for the torture conspirators.”

Can Spain really prosecute U.S. officials? Legal experts say they can. As Marjorie Cohn explained  on alternet.org, Israel used the same concept of "universal jurisdiction" to prosecute, convict and execute Adolph Eichmann for his role in the Holocaust, even thought the crimes took place in other countries.

But even the human rights community acknowledges that if the United States was prosecuting the Bush team, other countries like Spain would back off.

So, back to you Mr. President.

-- Johanna Neuman

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Photo: Former Atty. Gen. Alberto Gonzales with former President George W. Bush. Credit: Getty Images

Comments

[Pom Pom Girl]

Spain rolled over after Al Queda bombed them and ran from Iraq. Spain's government has acted as terrorist appeasers and for that shame as well as for providing comfort to our enemy ,they surely lose all jurisdiction of holding us accountable for torture or anything else.

[Margarita Lacabe]

Spain can not only prosecute Americans accused of crimes against humanity (such as the systematic use of torture and forced disappearances), but has done so in the past. In 2005 Adolfo Scilingo, an Argentine Navy Captian, was found guilty of having committed crimes against humanity in Argentina, for having participated in the forced disappearance, torture and murder of Argentine citizens. He is fulfilling a prison sentence of several hundred years.

[eddieo]

We are obliged to prosecute these crimes, as are all civilized nations that have signed onto multiple international treaties. It is a disgrace that these cowardly acts were committed in our name, it is even more cowardly of us that we are not prosecuting them now. America, home of the coward should be our new motto. Whoever would have thought that Spain would show so much more bravery than us?

I urge Americans of all political stripes to demand that their representatives uphold their oath of office and investigate/prosecute these highest of all crimes. To not do so makes us all complicit in them.

[Freddie Mac]

It is true America acted like a third world country with Bush at the helm. Unfortunately, though, Obama and even some of the Democrats don't want to see Bush officials prosecuted. You can be sure the US government will work hard to stop the Spanish probe if it advances any further. Sad but true.

[Johnathan]

I can't believe it's going to take a foreign country to begin the case against Bush administration officials.

Pathetic that this country (usa) is not prosecuting.

What if americans were subjected to torture in another country? We'd be after them in a heartbeat.

This all needs to come out. If not, others will follow the same warped Bush logic in the future. Count on it. .

America is not above the law.

[Kees]

I certainly hope they do. All Nazis lived in fear of the day that a Musad agent would tap them on the shoulder. Even if these six (and the others) are never arrested, they should live the rest of their lives fearful of the tap.

[Natalie]

I'm just curious to see what exactly happens if/when they successfully prosecute the US officials. Will the US willingly give them up to foreign prisons? Will they be forced to never fly international again? And to reiterate what someone else said. Why are we not prosecuting them ourselves? But then maybe they'd claim Traumatic Stress Disorder, and get off...