Prosecution’s Comment on Decision of KL War Crimes Tribunal – Published on Global Research.ca, by Prof. Gurdial Singh Nijar, June 24, 2012.
PROSECUTION’S COMMENT ON THE DECISION IN KUALA LUMPUR WAR CRIMES TRIBUNAL CASE NO 2: CHIEF PROSECUTOR V BUSH, CHENEY, RUMSFELD & 5 OTHERS: The decision today by the KL War Crimes Tribunal has vindicated the integrity of international law. Its unanimous 5-Judges panel decision has resoundingly – like the 4 decisions of the US Supreme Court – declared that it is not for the President of the US to refashion international humanitarian law to suit the country’s own illegal ends.
In particular the decision makes clear that the President of the US and his cohorts cannot authorise the infliction of torturous acts – in violation of international law, including the Convention on Torture and the Geneva Conventions. As the trial showed, Bush, Cheney and Rumsfeld, with the support and connivance of their legal advisors, threw their captives into a legal black hole, locking them for years in a constitutional limbo. They asserted – but refused to prove – that their captives were guilty of crimes.And tortured them in ways that defies belief.
What is the effect of this decision? As the highest UK Court decided when it refused immunity to Pinochet, the former Chilean President: torture is a universal crime. It is an international war crime against all of mankind. The judges there said that international law makes clear that there is no safe haven for those who carry out or order torture. And that there is an obligation by States to capture and try war criminals if they enter their countries. Indeed the courts in some countries – like Spain and Germany – have already initiated such action … //
… Thus may the rule of international law be vindicated. And justice restored for those they threw into a legal black hole and tortured so viciously.
Dated at Kuala Lumpur, 11 May 2012: Prof Gurdial Singh Nijar, Chief Prosecutor, KL War Crimes Tribunal. (full text).