George W. Bush’s Criminal Legacy – Part I
December 12, 2014 2 Comments
On December 9th the Senate Intelligence Committee released its report on the torture of detainees by the CIA during the Bush administration. Reaction to the report has been swift and harsh. CIA officials and some Bush era appointees have tried to discredit the report, while others have demanded that those responsible for these crimes be brought to justice.
As disturbing as the findings in the Senate report are, Reed Brody of Human Rights Watch notes that the scope of the report is actually quite limited. It only
deals with one aspect of one part of the detainee mistreatment in the war on terror [namely,] CIA prisoners held in black sites. … [I]t doesn’t talk about what the Pentagon was doing. It doesn’t talk about the programs approved by Donald Rumsfeld. And … it tends to kind of let off the hook all those people above who authorized these programs.
In my last post [Taking Action Against Torture] I laid out the grounds for pursuing criminal charges not only against George Tenet, the CIA Director during the Bush administration (who oversaw these torture practices) as well as those agents under his command, but also former Defense Secretary Donald Rumsfeld (who approved these illegal interrogation methods), former Vice-President Dick Cheney (who was the driving force behind these illegal detention policies), and President George W. Bush (who authorize the CIA secret detention program and had ultimate authority over its operations). [See link]
But even this does not address the full scope of the illegal and criminal actions carried out on the international stage during the Bush administration.
The Case for War Crimes
In March 2003 the United States launched its invasion of Iraq to overthrow the brutal regime of Saddam Hussein. President George W. Bush explained at the time that this was necessary since Saddam possessed weapons of mass destruction and was known to be in league with al-Qaida.
His statements, and those of other top White House officials who orchestrated the invasion of Iraq, were later revealed to be false. President Bush lied to the American people. More importantly, it has been argued that his actions not only violated the U.N. Charter that forbids wars of aggression, but violated U. S. law as well.
As former federal prosecutor Elizabeth De La Vega wrote in a cover story for the Nation magazine in October 2005 detailing this deception:
The evidence shows, then, that from early 2002 to at least March 2003, the President and his aides conspired to defraud the United States by intentionally misrepresenting intelligence about Iraq to persuade Congress to authorize force, thereby interfering with Congress’s lawful functions of overseeing foreign affairs and making appropriations, all of which violates Title 18, United States Code, Section 371.
Appeals were made for the Justice Department to appoint a special prosecutor to investigate the administration’s involvement in this deception much like the investigation into president Nixon’s cover-up of the Watergate break-in. But no action was taken. Some called for President Bush to be impeached, but nothing came of this during Bush’s remaining time in office.
Actions were taken on the international stage, however. In September 2005 a German court declared that the Iraq war violated international law. In March 2007 a Spanish judge called for the architects of the Iraq invasion to be tried for war crimes.
In October 2011 when then ex-President Bush attended an economic summit in British Columbia, Amnesty International submitted an extensive legal brief to Canada’s Attorney General arguing that
Canada is required by its international obligations to arrest and prosecute former president Bush given his responsibility for crimes under international law including torture.
Although the Canadian government declined to take such action, the National Post (Canada’s national conservative newspaper) reported that
Bush cancelled a visit to Switzerland in February, after facing similar public calls for his arrest.
Amnesty’s case, outlined in its 1,000-page memorandum, relies on the public record, U.S. documents obtained through access to information requests, Bush’s own memoir and a Red Cross report critical of the U.S.’s war on terror policies.
We should also note that
In Kuala Lumpur, after two years of investigation by the Kuala Lumpur War Crimes Commission (KLWCC), a tribunal (the Kuala Lumpur War Crimes Tribunal, or KLWCT), consisting of five judges with judicial and academic backgrounds, reached a unanimous verdict [in November 2011] that found George W. Bush and Tony Blair guilty of crimes against peace, crimes against humanity and genocide as a result of their roles in the Iraq War.
In January 2014 a devastating 250-page dossier, detailing allegations of beatings, electrocution, mock executions and sexual assault, was presented to the International Criminal Court (ICC) … . This formal complaint to the ICC is the culmination of several years’ work by Public Interest Lawyers (PIL) and the European Centre for Constitutional and Human Rights (ECCHR). It calls for an investigation into the alleged war crimes, under Article 15 of the Rome Statute.
All of the actions reported above have taken place outside the United States and, many would argue, are unenforceable within American borders.
However, in August 2013 a domestic class action civil suit was filed against George W. Bush and five officials of his administration that is proceeding to trial. I will provide a detailed examination of that case of my next blog.
Photo credit: RAMZI HAIDAR/AFP/Getty Images