Wednesday, June 24, 2009

Torturing the Rule of Law


By Shahid Buttar

Sixty years ago, U.S. Supreme Court Justice Robert Jackson left Washington to pursue what he later called “the most important, enduring, and constructive work of [his] life”: prosecuting international war crimes committed during WWII. Justice Jackson helped usher in a new international regime that promised to help deter human rights abuses.

Unfortunately, Jackson’s achievements have proven less enduring than he hoped. Our nation continues to undermine international law by sweeping torture under the rug, with serious implications going forward. The Nuremberg Trials established a timeless principle: individuals are criminally liable for violating fundamental human rights, even if their governments authorized those violations. Some laws, Nuremberg held, transcend those of any nation.

We have fallen a long way in such a short time. Rather than enforce international principles we once pioneered by prosecuting former officials who enabled torture, our nation today violates those principles with impunity. President Obama’s focus on the future aims to transcend the political divisions deepened by his predecessors. But setting aside the past comes at a price.

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