AMY GOODMAN: General Clark, do you think Guantanamo Bay should be closed?
GEN. WESLEY CLARK: Absolutely.
AMY GOODMAN: If Congress cut off funds for the prison there, it would be closed. Should they?
GEN. WESLEY CLARK: Well, I think the first thing Congress should do is repeal the Military Commissions Act. I’m very disturbed that a number of people who are looking at the highest office in the land have supported an act which advertently or inadvertently authorizes the admission into evidence of information gained through torture. That's not the America that I believe in. And the America that I believe in doesn't detain people indefinitely without charges. So I’d start with the Military Commissions Act...
AMY GOODMAN: The Center for Constitutional Rights has filed a complaint against Donald Rumsfeld, General Miller and others in a German court, because they have universal jurisdiction. Do you think that Donald Rumsfeld should be tried for war crimes?
GEN. WESLEY CLARK: Well, I’d like to see what the evidence is against Rumsfeld. I do know this, that there was a lot of pressure put on the men and women in uniform to come up with intelligence. I remember -- I think it was either General Sanchez or General Abizaid, who stated that we don't need more troops -- this is the fall of 2003 -- we just need better information. Well, to me, that was immediate code words that we were really trying to soak these people for information.
And it's only a short step from there to all the kinds of mistreatment that occur at places like Abu Ghraib. So we know that Al Gonzales wrote a couple of really -- or authored, or his people authored and he approved, a couple of outrageous memos that attempted to define torture as deliberately inflicted pain, the equivalent of the loss of a major bodily organ or limb, which is -- it's not an adequate definition of torture. And we know that he authorized, to some degree, some coercive methods, which we have -- and we know President Bush himself accepted implicitly in a signing statement to a 2005 act on military detainees that he would use whatever methods were appropriate or necessary. So there's been some official condoning of these actions.
I think it's a violation of international law and a violation of American law and a violation of the principles of good government in America. There have always been evidences of mistreatment of prisoners. Every army has probably done it in history. But our country hasn't ever done it as a matter of deliberate policy. George Washington told his soldiers, when they captured the Hessians and the men wanted to run them through, because the Hessians were brutal and ruthless, he said, “No, treat them well.” He said, “They'll join our side.” And many of them did. It was a smart policy, not only the right thing to do, but a smart policy to treat the enemy well. We’ve made countless enemies in that part of the world by the way we've treated people and disregarded them. It's bad, bad policy.
AMY GOODMAN: Right now, the US has rejected an international call to ban the use of cluster bombs. On Friday, forty-six countries were in Oslo to develop a new international treaty to ban the use of cluster munitions by -- I think it’s 2008. Would you support that?
GEN. WESLEY CLARK: Well, you know, people who are against war often make the case by trying to attack the weapons of war and stripping away the legitimacy of those weapons. I’ve participated in some of that. I’d like to get rid of landmines. I did participate in getting rid of laser blinding weapons. And I was part of the team that put together the agreement that got rid of laser blinding weapons. I’d like to get rid of nuclear weapons. But I can't agree with those who say that force has no place in international affairs. It simply does for this country. And I would like to work to make it so that it doesn't. But the truth is, for now it does. And so, I can't go against giving our men and women in uniform the appropriate weapons they need to fight, to fight effectively to succeed on the battlefield, and to minimize their own casualties.
http://www.democracynow.org/article.pl?sid=07/03/02/1440234