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International Law

: Wise Law Blog

183 Times

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Star-spangled torture in action - Khalid Sheikh Mohammed was waterboarded 183 times in March 2003 alone. 

Abu Zubaydah, by contrast, was waterboarded a mere 83 times in August 2002.

President Obama has ruled out prosecution of the CIA agents who carried out these gruesome interrogations because they received explicit authority and assurance of legal cover by the U.S. Justice Department.  

That position is flat-out wrong and legally indefensible.  

"Just following orders" is not an available defence in these matters, nor should it be.  

Principle IV

The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him.

Leaving that debate aside for the moment, however, I note the President has made no specific statement that expressly rules out investigation and prosecution of the former civilian and military leaders who issued, justified or authorized those appallingly orders. 

Mr. Obama still has opportunity to get this mostly right. 

The world is waiting.

Full post as published by Wise Law Blog on April 19, 2009 (boomark / email).

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