Stumble it!Rumsfeld flees France
posted in Politics, Torture by themaiden |Just before switching servers I posted a piece about Rumsfeld fleeing France for fear of being charged with the crime of torture. At the time of that post the information was somewhat sketchy and I hedged a bit fearing that the report was too good to be true, but that has changed. Charges were in fact filed against Rumsfeld for “authorizing and ordering torture“. The complaint was filed by a non-profit US human rights law firm, the Center for Constitutional Rights, with “full support from the European Center for Constitutional and Human Rights (ECCHR), the French League for Human Rights, and the International Federation for Human Rights (FIDH)“.
Le Monde provides a bit more detail about the complaint and about the particular tortures Rumsfeld is accused of authorizing.
Le texte de la plainte, dont Le Monde a pris connaissance, mentionne les abus commis contre des détenus sur la base américaine de Guantanamo, à Cuba, et dans la prison d’Abou Ghraib, en Irak, ainsi que plusieurs mémorandums autorisant des méthodes “musclées” d’interrogatoire, que Donald Rumsfeld avait signés en 2002 et 2003, alors qu’il était secrétaire à la défense (il a démissionné en novembre 2006).
Ces mémorandums ont ouvert la voie aux techniques de privation de sommeil, longues stations debout, exposition à des températures extrêmes, utilisation de chiens, humiliations sexuelles etc., utilisées à Guantanamo et à Abou Ghraib. M. Rumsfeld a “autorisé et ordonné” des “crimes de tortures” dont certains sont “constitutifs de crimes de guerre”, affirme la plainte.
Une plainte pour “torture” déposée en France contre Donald Rumsfeld
Similar legal complaints against Rumsfeld have been filed in countries like Sweden and Argentina. German prosecutors dismissed a case in April, saying it was up to the United States to investigate the issue.
Most encouragingly, it looks as though the French can still prosecute even though Rumsfeld fled.
I have a question, Jeanne: if they somehow don’t open the prosecution and he leaves, do they still have an obligation to open the prosecution, even after he’s gone?
JEANNE SULZER: In theory, there is, because what you need is, when the complaint is being filed, that the person, the alleged person, is present on the territory, and he was when the complaint was filed. So, yes, but they could, of course, say that now that he is not present on the territory anymore, there is no jurisdiction. But, yes, they should — actually, the investigation should be opened now. If he escapes today, there is still basis for the French jurisdiction.
On Visit to France, Donald Rumsfeld Hit with Lawsuit for Ordering, Authorizing Torture
How is it that a Rumsfeld can be charged with a crime in France? Well… for one…
In addition, having resigned from his position of U.S. Secretary of Defense a year ago, Rumsfeld can no longer try to claim immunity as a head of state or government official. Nor can he claim immunity as former state official, as international law does not recognize such immunity in the case of international crimes including the crime of torture.
And second, we signed a kind of treaty-ish thing.
In France, the group is seeking to press charges against Rumsfeld for authorizing torture at Guantánamo Bay, Cuba, and the Abu Ghraib prison in Iraq under the 1984 Convention Against Torture, which France has used in previous torture cases.
Well, damn it! What kind of liberal net would betray the country by signing something like that? Hmmm… 1984… that would make the liberal nut none other than Ronald Reagan.
But don’t worry, folks, Ronnie tried to exempt the US and poo-poo the Convention.
Should the Senate give its advice and consent to ratification of the Convention, I intend at the time of deposit of United States ratification to make a declaration pursuant to Article 28 that the United States does not recognize the competence of the Committee against Torture under Article 20 to make confidential investigations of charges that torture is being systematically practiced in the United States. In addition, I intend not to make declarations, pursuant to Articles 21 and 22 of the Convention, recognizing the competence of the Committee against Torture to receive and consider communications from States and individuals alleging that the United States is violating the Convention. I believe that a final United States decision as to whether to accept such competence of the Committee should be withheld until we have had an opportunity to assess the Committee’s work. It would be possible for the United States in the future to accept the competence of the Committee pursuant to Articles 20, 21, and 22, should experience with the Committee prove satisfactory and should the United States consider this step desirable.
U.S. signs UN convention against torture - Ronald Reagan address and test of convention - transcript
The way it reads to me, Ronnie agreed to participate as long as no one accuses the US of torture, or maybe he just agreed to cooperate as convenient. It is nice that everyone else has to behave but we don’t. It makes you wonder what grounds we have for whining about the things the bad old terrorists do.
Andrew Sullivan mentions the case and a good post on the subject can be found at No Quarter, where Larry Johnson writes, “One thing is certain, Rummy is now part of an exclusive but growing club of Amcits who face legal peril in foreign lands because they participated (allegedly) in some kind of torture, disappearance, or other violation of international human rights. That means he won’t be going on any foreign junkets. Once outside the safe confines of the United States he can be snatched up and hauled off to France to face questioning”
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