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No More Immunity for George W. Bush – Abroad, at Least
UNITED NATIONS - Former U.S. President George W. Bush may have mostly vanished from the headlines since January 2009, but the alleged crimes committed by his administration are not forgotten.
The former US president’s visit would have been his first to Europe since his waterboarding disclosure in Decision Points. (Photograph: Anne McQuary/Bloomberg) On Monday, the Center for Constitutional Rights (CCR) released the 'Preliminary Bush Torture Indictment', a document outlining the core aspects of the case against Bush for torture, and his violations of the Convention Against Torture to which the United States is a signatory.
The move by the CCR, in conjunction with over 60 other human rights and legal advocacy groups, including the Berlin-based European Center for Constitutional and Human Rights (ECCHR), coincides with the ninth anniversary of the day Bush decided that "enemy combatants" were no longer entitled to the fundamental protections granted to every human being by the Geneva Conventions.
On Monday morning, two torture victims in Geneva had been planning to file criminal complaints against the former U.S. president, who was scheduled to arrive in Switzerland on Feb. 12 to speak at an event there.
Since Swiss law requires the presence of a torturer on Swiss soil before the investigation can proceed, rights activists say this would have been the perfect opportunity to hold Switzerland to its obligations as a signatory to the Convention Against Torture and send a strong message to the ex-president that he is not eligible for special exemption under the law, even as a former head of state.
Ultimately, Bush canceled his travel plans.
"In November 2009, Bush admitted that he authorized the torture of detainees in U.S. custody," Katherine Gallagher, senior staff attorney at CCR and vice president of the International Federation for Human Rights (FIDH), told IPS.
"We are supposed to be a country with a strong rule of law and when we act with such blatant impunity here at home it sends a very bad message to the rest of the world," she added.
In an interview with Matt Lauer on MSNBC in November last year, Bush claimed, "waterboarding [simulated drowning of a prisoner] is legal because the lawyer said it was legal. I'm not a lawyer." Asked if he would make the same decision again today, Bush answered, "Oh yeah, I would."
Along with the indictment brought by the CCR, two other cases of universal jurisdiction in Spain are already well underway, investigating the actions of the 'Bush 6' - constitutional lawyers in Bush's administration, all authors of the torture manual and architects of the legal framework that Bush invoked when prosecutions were brought against him.
"Both of these issues are part of a global accountability effort which I hope will come full circle to the United States," Gallagher told IPS. "With the Bush 6, we see this pattern of people trying to get each other off the hook and pretend like this is acceptable - but it's not."
While judges from Madrid to Geneva take on the previous U.S. administration, the White House is silent. Neither President Barack Obama, nor any spokesperson of his administration, has offered a word in support of its citizens who are fighting to end impunity.
Leading rights watchdogs Amnesty International and Human Rights Watch have called on the U.S. government to thoroughly investigate the complaints being brought against the former president, stressing the need for impunity to be addressed immediately.
"We are asking the U.S. to at least investigate the potential for prosecution," Laura Pitter, a spokesperson at Human Rights Watch, told IPS.
"There is no reason why U.S. courts should not open up such an investigation, even if it is based solely on what Bush has already admitted publicly," she added.
Obama's public poker face was belied by scores of leaked cables in the deluge released by the whistle-blower Wikileaks in December last year. The documents exposed that behind its silent exterior, the Obama administration was corresponding furiously with Spanish officials to keep the investigative cases off the radar.
"This is very disappointing coming from a president who used to be a constitutional law professor," Gallagher told IPS.
Regardless of Washington's indifference, human rights champions are forging ahead with their case.
"Bush is a torturer and deserves to be remembered as such," said Gavin Sullivan, solicitor and counterterrorism program manager at ECCHR.
"He bears ultimate responsibility for authorizing the torture of thousands of individuals at places like Guantánamo and secret CIA 'black sites' around the world. As all states are obliged to prosecute such torturers, Bush has good reason to be very worried."
And perhaps even more important than the success of the indictment, Gallagher said, are the scores of survivors of torture whose voices are not being heard, or who are still hidden away in Guantanamo who deserve, at least now, to see justice.

70 Comments so far
Show AllSome may say this all makes no difference, but let's not "misunderestimate" the importance of what has just happened.
This is probably the first time that someone has succeeded in keeping Bush from doing as he damned well pleases.
Ordinary people have slapped little George in the face pretty good and told him to go to his room.
And he had no choice but to day as he was told.
God knows, his mother was never successful in getting him to listen (Perhaps I'm wrong, but I assume that she did not approve of all the partying, alcohol, cocaine, womanizing etc over the years -- nor of Bush's failure to show up for his required military service)
I'm glad to hear that people abroad are doing the job that the United States has persistently and steadfastly refused to do; Prosecuting Dubya for torture and war crimes. It's a huge, huge step in the right direction. No more immunity for you, at least abroad, Dubya! It serves you right. Too bad the United States is too chicken to do what's right.
Unfortunately, current US behavior is more egregious than being "too chicken to do what's right."
We tortured in the past.
We torture now.
It's wrong.
It's illegal.
It needs to end.
It is hard to imagine the misery inflicted by Bush and all the perpetrators. Let the world decide.
Well said.
Chile is starting to investigate the Allende take down by our CIA and Kissinger in 1973. If they can fully uncover that can of worms, daddy Bush will get nailed. It would embolden Spain to nail Bush junior despite coercement by the Obama administration to deep six the case.
The ball is rolling.
I contend that the "daddy" Bush is one of the moste vile, evil people in the world over the last 60 years. His fingerprints are all over many of America's most egregious actions through his work at the CIA and later as predident. Of course he learned from his father and passed it on to his offspring. We could only hope that he would be "uncovered" but I'm not holding my breath.
One of Wanker's first acts, post 9-11, was to change the time limit for freedom of information to keep his daddy's deeds in the shadows.
And HIS Daddy, Prescott Bush, who traded with the Nazis.
Along with many, many others. "Nothing personal - It's just business"
Speaking of business, don't forget that Prescott was implicated in the Business Plot, foiled by Gen. Butler.
Along with many, many others. "Nothing personal - It's just business"
Yes, like father like son. Is it merely coincidence that Papa Bush was in the White House on the morning of 9-11? Or that he "can't remember" where he was on November 22, 1963? These two soulless thugs belong in a penitentiary.
I hope that George Bush is forced to answer for his crimes. Prosecuting those who authorized torture is essential to re-establishing the rule of law in the United States.
My greatest hope in life is to live long enough to see justice done and Bush frog-marched off to the gas chamber.
I would rather see him rot in a prison in Iraq, placed somewhere where he gets to breath a lot of DU dust.
I would rather that the rule of law prevails and former president and other members of his cabinet who participated in the launching of an illegal war and the subsequent crimes against humanity, are tried in a civilian court with full legal counsel - activities they have denied to countless others - and that justice run its course.
I would never countenance the death penalty, nor cruel or unusual punishment, in spite of the rhetorical urge to do so. The law must treat Mr Bush and company with the dignity befitting the law, not the primitive urges his actions encourage.
Justice never vengeance.
Peace
Amen to that.
While Bush was 'in power' as the prez he enjoyed immunity. Now, not so much. The wheels of justice grind slowly, they say, but I believe we may yet live to see the day, if we live long, enough to bear witness to the formal trials of Nixon, Reagan and the Bushs...even now we on CD are conducting the outing that is necessary for a proper criminal trial at the international court.
Keep in mind that even today, OilyBomber is rendering people to Eygpt's chief torturer Sulieman to be tortured and sometimes disposed of.
A high ranking former CIA agent said we send people to Syria for torture and Eygpt to be disappeared.
Att. Gen. Holder defended United Fruit in Court in Columbia when United Fruit sponsored the execution of Union Workers.
Oilybomber is guilty of many many of the same crimes Baby Bush is guilty of.
The Major difference is OilyBomber is not guilty of flippantly causing the Deaths of up to One Million Iraqis. Of which there is little discussion of prosecution for the war crime of " War against the Peace". OilyBomber is guilty of only many thousands of Afghans, Somalians and Yemenis deaths.
Propping up Eygpt's head of Torture and Death, Sulieman will put alot more blood on OilyBombers soul.
How about WE investigate the WHOLE MESS!
yeah, starting from the crucifixion...................
Meanwhile, back at home in red neck Texas, Bush will be cheered and appluaded before his audiences and paid the usual big bucks to speak about freedom and democracy. The US citizenry is as dumbed down as one can possibly imagine!
If Americans had the kind of courage Egyptians have, George Bush would be chained up and the current occupiers of the White House would be kicked to the curb.
I will never forget that Obama not only promised to ignore the crimes of the former monster, he actually continued to act in the monster's interests. Now Obama is a monster in and of himself.
I hope he feels proud of himself when he goes to sleep at night. I hope he isn't plagued by nightmares of the screams of the women and children he's murdering. /s
If Americans had any of that courage back in 1936 , Prescott Bush would have been arrested and tried for treason and it unlikely any of his issue would have ever risen to the office of the Presidency.
They had another chance of correcting that mistake after the assassination of John F Kennedy some 30 years later.
I doubt any of the Bushes feel an ounze of regret when they sleep at night or have nightmares of those they have murdered.
Americans need the courage to face up to this fact. For all of their lifetimes their country has been run for the most part ny the most venal of men , a criminal cabal that would feel right at home in Mubaraks Egypt. This is the nature of that "Ruling Caste".
GwNorth....I agree with you. I was thinking, it has been quite a long road since the U.S. was compromised. What occurred in this country was a new kind of coup. There is no name yet for this take-over. Sadly, a ring of international business men (Corporate) has had their claws in the workings of our government and global economy for most of my life! We are just now finally seeing the whole mess more clearly....now that the end game is near.
Now we have the dubious distinction of having among the world's most heartless, vile, murderous, oppressive governments on the planet.
Maybe it was just as bad before. I'm sure it was worse before than we were told. Nothing good ever comes out of Washington.
I hope they get him.
It's good that all this is happening. If only Bush would make the mistake of going somewhere he can be arrested. It's appalling that Obama has turned out to be such a hollow person, devoid of human decency, certainly with no respect for the law, and is presiding over the continued stripping of civil rights from citizens and residents of the US, not to mention the ongoing murder by drone program.
I hope to see the day when Canada is included in the places that Bush must avoid for fear of being arrested. And to see Obama avoid Canada for the same reason.
Unfortunately I do not see a single Canadian leader of ANY Political party having this sort of Courage.
They value that "trade" too much.
It has been many years since we had a Prime Minister leading a party that was willing to take on the oil companies. And the product of their efforts has mostly been undone for many years. We got Free Trade now instead and magnificent levels of media concentration. And we got Harper to defend(?) our interests.
I feel the need to comment on the whole situation and would like to apologize for my English in advance
1. there are lots of comments full of hatred on english forums on Swiss and German sites from US citizens calling us nazis and money grabber etc and they accuse the Swiss Government for the case against Bush.
Fact is, that Amnesty International, and some other groups like Human Right Watch (based in NY), putted preshure on the Swiss Government and asked them to arrest him.
And as it is written in article above the Swiss judicial officials have said that Bush would still enjoy a certain diplomatic immunity as a former head of state.
So why the hatred against Swiss Government and Swiss citizen?
2. As Bush did recently Rumsfeld know starts to promote his book (see the latest interview on abcnews). When is Dick Cheney, Mrs Rice and others coming out with their book? Is writting a book a desperate attempt to save their skin?
Listen to Rumsfeld interview he is such a liar like the rest of the gang. It's disgusting!
"there are lots of comments full of hatred on english forums on Swiss and German sites from US citizens calling us nazis and money grabber etc. . ."
Don't let it bother you as many Americans can be and are quite ignorant, mainly by choice as the information is out there to be learned. Basically, they are in denial of what happened.
Thank-you for you comments. Your English is better than many USAns.
I do find it comical the way the USAns are attacking the Swiss government for legal briefs from USAn organizations like the Center for Constitutional Rights, that have nothing to do with the Swiss government.
I don't think most Europeans really understand how stupid and profoundly ignorant a majority of USAns are. Many suffer from a form of corporate media-induced mental retardation. They know nothing about anything. Few on those commenting on these forums cound even find Switzerland on an unlabeled world map.
Yes, I am a USAn.
As you said, sadly, the Swiss judiciary would have probably dismissed the torture claims amyway, the same way the British judges ultimately refused to hand Pinochet over to Spain for trail for high crimes against humanity.
I would personally like to thank you for your government's system that remotely allowed for the possibility of this criminal to face justice. Even this remote possibility has forced the cowardly Bush to cancel his trip. It truly proves how depraved and cowardly our presidents are. Hopefully the ICC can bring up both Bush and Obama on charges of crimes against humanity.
I can only apologize for the behavior of my fellow baboons. They live in a world of denial, hatred and fear.
to: If Americans had the kind of courage Egyptians have....
In 'Sicko' (Michael Moore's film) a French woman said:
In France the Government is afraid of the people
In the USA the people are afraid of the Government
lameduck: Yes, the people are afraid of the government. The reason: The government has worked hard to spread fearsome propaganda in this country about what can happen to people who dissent. The media twists information so badly and skews it so far right that the truth must be laboriously searched out....and even then, is hard to decipher. Also, we are so divided in this country. There are so many points of view, fueled by the mainstream media to be slanted in favor of business and the right-wing (which pays all the bills) that people just give up and try to live some small life as best they can. Dissent has been ignored, ridiculed, marginalized, and discredited by the mainstream media.
When I was a child, the media spread the propaganda that Russia was under a communist government that spread nothing but propaganda to the people. The people of Russia were supposedly in the dark....but we, the American public, were given the truth by our media! All the while, our media was spreading propaganda leading us to believe that we were actually a better, freer nation. Many people bought that lie and still do.
The people of Egypt have been an inspiration to me....as I have been one of those who believed that our government would just kill us in the streets if we rose up enmasse. I must admit, I'm watching closely at the outcome of Egypt's Revolution. I think however, no matter what happens, the people have won. If the people of Egypt are attacked by security forces (and my fear is that the U.S. will send undercover CIA to attack the people), then the rest of the world will see and rise up in even greater rebellion! If the people get Mubarak to step down now....then their example will also be seen and set thru-out the world. Either way, they have already won!
There are 300 dead in Eygpt.
Paid thugs were shooting protesters mostly in the legs from the October 6th bridge.
One day the Muslim Brotherhood fought the Army tanks to a standstill in order to protect the democracy forces from attack at a cost of many lives of the Muslim Brotherhood.
One journalist was killed by a Mubarak sniper.
The place is reeking with paid state agent thugs from Eygpt, USA and israel.
No doubt Bush and Co. see an indictment as a badge of honor.
Obama is probably wondering how he could get that kind of recognition. He's probably getting tired of always being in Bush's shadow. All the while knowing, he (Obama) has gone past Bush in so many ways.
It would be more instructive to future generations to see Bush in Gitmo before Assange.
more rats are jumping the sinking ship of global vampires every day.
help them rat each other out and finish each other off the face of the earth!
I'm afraid Obama is never going to authorize an inquiry into Bush's torture. There is a Secret Government whose agenda no president can question. Presidents have some leeway, but there are definite parameters that are already established for them. The reasons why "they" want torture to be official policy are laid out well in Naomi Wolfe's book, The End of America. Primarily, to frighten people, to make them more docile as the totalitarian state consolidates its powers and democracy becomes more and more empty of any real meaning.
I say this not to absolve Obama of his responsibility, which he must bear; but I do believe we have got to get beyond personalities and see the unspeakable evil for what it is. It showed its face in the assassinations of JFK, MLK, and RFK and on 9-11. People around the world have suffered tremendously when it has sent "the jackals" to take out their leaders.
" There is a Secret Government whose agenda no President can question ". That Secret Government is the International banksters; the CIA and the Mossad; the Pentagon and the extraordinary evil war profiteers. Like I tried to tell people in the last election, Barry would never be allowed to become President, if wasn't the Secret Governments hand-picked boy.
Please, there is no spooky "secret government".
The US political leadership openly and enthusiastically supports the interests of the Wealthy through the campaign funding mechanisms, and the fact that most politicians are members of the Wealthy themselves. I see no "secrecy" here. No other explanation is needed.
...and Malcolm X.
....And Wellstone.
"Obama's public poker face was belied by scores of leaked cables in the deluge released by whistle blower Wikileaks in December last year". The documents exposed that behind his silent exterior his administration was furiously corresponding behind the scenes, with Spanish officials to keep the investigative cases off of the radar screen. If that is not a perfect definition of Obama's true con man colors, I do not know what is! The same thing is also happening in Egypt right now as Obama and Hillary pretend to be with the protesters and I will bet you they are furiously working covertly, behind the scenes, with the CIA and Israel, to make damn sure the protesters are either marginalized or eliminated altogether.
THIS is the kind of thing we should be seeing on the "evening news"
The other evening Brian Williams reported re the best ad during Super Bowl. God only knows what Diane Sawyer and Katie Couric were selling.
It is high time we get a better understanding of "prostitution".
Impunity R-US. Allende killer Kissinger and Nixon murdered hundreds of thousands in the illegal bombing of Cambodia and he's still an Americon hero as is CIA's Poppy Bush who killed JFK and many others, Reagan whose Contras tortured and murdered thousands including Bishop Romero, Dubya and his neocons who lied us into a war costing hundreds of thousands of Arab and American lives and brought America to its knees and now Obama taking over where Dubya left off. The more murderous, the more Americons seem to love them.
Laos the most heavily bombed country in history, where one Laotian still dies every other day from unexploded USA ordinance.
i thought that title, the most heavily bombed country, belonged to korea.
more bombs were dropped in korea during the short 3 year war than all the bombs that were dropped during the entire WWII or something like that, according to the statistics.
there are good reasons why the US wants to keep the korean war as "the forgotten war".