Wednesday, December 31, 2008

Torturers must be punished

Ruth Marcus’ column in the Post on Wednesday, 31 December, arguing against torture trials attempts to minimize the crime, in a number of incredible ways.

1. She suggests that the threat of internal investigations or Congressional hearings would be effective deterrents. This would be laughable, if the subject were not so serious. The threat of criminal convictions and serious jail time is what is needed to deter those who would torture in the name of patriotism. Remember, this is a crime under both U.S. and international law. It is a crime against humanity. It is inexcusable for anyone, anywhere, to impose torture upon another. Indeed, the threat of punishment needs to be so strong and so credible, that those so inclined would fearfully resist the impulse. An internal investigation? A Congressional hearing? Not threats at all, as experienced under the Bush administration.

2. She suggests that the threat of criminal sanctions did not deter Bush officials anyway. Right: it is actual swift convictions and sentences which would provide the deterrent, not the possibility of someday facing the consequences.

3. She suggests stronger oversight to prevent torture. This is both after the fact and too late, and lacking in penalty: what would the oversight group do, but perhaps censure the torturers? Again, this is not enough.

4. She suggests that the costs of criminal prosecutions would be too high, and that officials could err on the side of excessive timidity. Given the choice between a tortured victim and a timid official, give me the timid official every time. There are some lines which should never be crossed. Torture is one such line.

5. She suggests that criminal prosecutions would drain energy from the new administration. Rather, I believe that the new administration is capable of walking and chewing gum at the same time; it can pursue revitalizing the economy, undoing the legislative and executive excesses of the Bush administration, and presecuting torturers. In fact, it must do this, to restore America’s moral standing with the world.

6. Finally, she raises the bar to “conscious law-breaking.” This is not necessary. Someone who tortures another, relying upon orders, or legal memos, still is guilty. It is time to remember the Nuremburg principles, and seek justice for those who would throw out the law and morality in pursuing their agendas.

Torture is a crime against humanity. In the name of humanity, it must be punished by criminal trial.

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