From: Znet

By William Blum

Being serious about torture. Or not.

In Cambodia they're once again endeavoring to hold trials to bring some former senior Khmer Rouge officials to justice for their 1975-79 war crimes and crimes against humanity. The current defendant in a United Nations-organized trial, Kaing Guek Eav, who was the head of a Khmer Rouge torture center, has confessed to atrocities, but insists he was acting under orders. As we all know, this is the defense that the Nuremberg Tribunal rejected for the Nazi defendants. Everyone knows that, right? No one places any weight on such a defense any longer, right? We make jokes about Nazis declaring: "I was only following orders!" ("Ich habe nur den Befehlen gehorcht!") Except that both the Bush and Obama administrations have spoken in favor of it. Here's the new head of the CIA, Leon Panetta: "What I have expressed as a concern, as has the president, is that those who operated under the rules that were provided by the Attorney General in the interpretation of the law and followed those rules ought not to be penalized. And ... I would not support, obviously, an investigation or a prosecution of those individuals. I think they did their job." Operating under the rules ... doing their job ... are of course the same as following orders.

The UN Convention Against Torture (first adopted in 1984), which has been ratified by the United States, says quite clearly, "An order from a superior officer or a public authority may not be invoked as a justification of torture." The Torture Convention enacts a prohibition against torture that is a cornerstone of international law and a principle on a par with the prohibition against slavery and genocide.

Of course, those giving the orders are no less guilty. On the very day of Obama's inauguration, the United Nation's special torture rapporteur invoked the Convention in calling on the United States to pursue former president George W. Bush and defense secretary Donald Rumsfeld for torture and bad treatment of Guantanamo prisoners.

On several occasions, President Obama has indicated his reluctance to pursue war crimes charges against Bush officials, by expressing a view such as: "I don't believe that anybody is above the law. On the other hand I also have a belief that we need to look forward as opposed to looking backwards." This is the same excuse Cambodian Prime Minister Hun Sen has given for not punishing Khmer Rouge leaders. In December 1998 he asserted: "We should dig a hole and bury the past and look ahead to the 21st century with a clean slate." Hun Sen has been in power all the years since then, and no Khmer Rouge leader has been convicted for their role in the historic mass murder.

Continued...