German defendants at Nuremberg trials |
The UN special rapporteur on counter terrorism and human rights, Ben Emmerson, has released a statement saying “It is now time to take action” and “The individuals responsible for the criminal conspiracy revealed in today’s report must be brought to justice.” The statement reads in part:Note: under international law and treaties to which the United States is a signatory, Barack Obama has NO legal authority to either (i) refuse to prosecute the offenders or (ii) grant pardons to such criminals.
The summary of the report which was released this afternoon confirms what the international community has long believed - that there was a clear policy orchestrated at a high level within the Bush administration to commit systematic crimes and gross violations of international human rights law. The identities of the perpetrators, and many other details, have been redacted in the published summary report but are known to the Select Committee and to those who provided the Committee with information on the programme. It is now time to take action.
The individuals responsible for the criminal conspiracy revealed in today’s report must be brought to justice, and must face criminal penalties commensurate with the gravity of their crimes. The fact that the policies revealed in this report were authorised at a high level within the US Government provides no excuse whatsoever. Indeed, it reinforces the need for criminal accountability.
International law prohibits the granting of immunities to public officials who have engaged in acts of torture. This applies not only to the actual perpetrators but also to those senior officials within the US Government who devised, planned and authorised these crimes. As a matter of international law, the US is legally obliged to bring those responsible to justice.
If one looks at the Nuremberg trials, here is what happened to Ernst Kaltenbrunner, the highest ranking SS leader to be tried at Nuremberg. - Hanged 16 October 1946.
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