History Will Not Absolve Us

Leaked Red Cross report sets up Bush team for international war-crimes trial

In the 1994 Torture Convention Implementation Act, we put into U.S. law what we had signed in Article 5 of the UN Convention Against Torture, which is defined as "an act 'committed by an [officially authorized] person' . . . specifically intended to inflict severe physical or mental pain or suffering . . . upon another person within his custody or physical control."

The 1997 U.S. War Crimes Act "criminalizes . . . specifically enumerated war crimes that the legislation refers to as 'grave breaches' of Common Article 3 [of the Geneva Conventions], including the war crimes of torture and 'cruel or inhuman treatment.'"

The Leave No Marks report very valuably brings the Supreme Court— before Chief Justice John Roberts took over—into the war-crimes record of this administration. I strongly suggest that Human Rights First and Physicians for Social Responsibility send their report—with the following section underlined—to every current member of the Supreme Court and Congress:

"The Supreme Court has long considered prisoner treatment to violate substantive due process if the treatment 'shocks the conscience,' is bound to offend even hardened sensibilities, or offends 'a principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental.'"

Among those fundamental rights cited by past Supreme Courts, the report continues, are "the rights to bodily integrity [and] the right to have [one's] basic needs met; and the right to basic human dignity" (emphasis added).

If the conscience of a majority on the Roberts Court isn't shocked by what we've done to our prisoners, then it will be up to the next president and the next Congress—and, therefore, up to us—to alter, in some respects, how history will judge us. But do you see any considerable signs, among average Americans, of the conscience being shocked? How about the presidential candidates of both parties?

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