The Trial of Donald Rumsfeld
Washington's False Logic of Torture
By RON JACOBS
Logic is a process whereby one makes an argument based on a premise. If the
premise is false, the process of logic can still prove it, albeit possibly not
as easily or convincingly as a true premise. Law follows the process of logic
in deciding human guilt or innocence. However, law has fewer false premises
since most laws and their application are based on previous experiences with
said law.
As Michael Ratner of the Center for Constitutional Rights makes clear in his
book The Trial of Donald Rumsfeld, the legal rationalization for the US torture
of its prisoners is based on a false premise. In addition, the argument used
to legitimize the premise is poorly made and ultimately wrong and illegal.
Yet, dozens, if not hundreds, of human beings have been tortured using this
false and illegal premise.
To counter this illegal and false logic, Mr. Ratner and the New York-based
Center for Constitutional Rights wrote a book presenting their legal case
against several individuals in the Bush administration for their implementation
and sanctioning of torture. The case presented in the The Trial of Donald
Rumsfeld is straightforward and reasoned and based on decades of accepted
universal practices and understanding of the definition of war crimes. It is
also the basis for the case made by Ratner and others in the German courts in
2006. Unfortunately, in what most assuredly was a political decision, the
German government prosecutor refused to pursue the case.
So, Ratner and the New Press have decided to present it to those interested
enough to read his book. One hopes, of course, that the existence of the book
will inspire other prosecutors that care about human rights and their abuse to
consider prosecuting those indicted in the text, as well as Messrs. Bush and
Cheney who, because they are still in office, are only named as unindicted
co-conspirators here.
The book reads exactly like a trial, with a opening statements and rebuttals, a
presentation of evidence, and closing statements. One imagines that any trial
that might actually take place of the defendants herein would be considerably
longer. I say that because the evidence presented here is but the tip of the
iceberg. Given that, it is enough to demand a greater investigation by some
prosecutorial agency somewhere on the planet. It is unlikely that the US will
prosecute, despite recent rumors that an Obama administration would consider
such a possibility (since denied). Why do I say this? Primarily because I
expect Bush to pardon everyone in his administrations that he can. Naturally,
the most obvious court for such a prosecution would be the International War
Crimes Court in the Hague, but barring that possibility (primarily because of
the court's apparent inability to prosecute anyone other than those the US and
its cohorts have
defeated), any foreign government would serve equally well. If nothing else,
it would be some kind of justice if the indictees listed in this book and their
co-conspirators were unable to travel outside of the United States because they
feared arrest.
If one is interested in the total failure of the law in preventing acts which
are considered illegal by virtually every international agency and earthly
government, then Ratner¢s book is a must read. This rings especially true as
we mark the seventh anniversary of the tragedy of 9-11. The freedom to
torture is not a freedom worth defending. In fact, it could very well be a
freedom that, when practiced, will invite another attack. Even if Bush and
Company are never prosecuted, the ignominy of their crimes against humanity
must never be forgotten. Let's also hope that future administrations do not
repeat them.
Ron Jacobs is author of The Way the Wind Blew: a history of the Weather
Underground, which is just republished by Verso. Jacobs' essay on Big Bill
Broonzy is featured in CounterPunch's collection on music, art and sex,
Serpents in the Garden. His first novel, Short Order Frame Up, is published by
Mainstay Press. He can be reached at: [EMAIL PROTECTED]
http://www.counterpunch.org/jacobs09182008.html
[Non-text portions of this message have been removed]
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