Reply #48: More research. U.N. Convention on Torture. Ronald Reagan signed it:

[beachmom]

http://www.salon.com/opinion/greenwald/2009/04/25/nowak/

I realize the link is Glenn Greenwald, but he is interviewing a U.N. official, with the title "United Nations Special Rapporteur on torture and other forms of cruel, inhuman or degrading treatment or punishment". His "day job" is a professor at the University of Vienna. He is Austrian.

MN: Yes. The United States of America is a party to the United Nations Convention Against Torture from 1984, which clearly contains the obligation to make torture a criminal offense under domestic law, on the one hand, with adequate sanctions taking account of the gravity of torture as a very serious civil rights violation, and then to exercise jurisdiction on the basis of different principles -- the territoriality principle, the nationality principle, but even the universal jurisdiction principle, because one wants to make sure that perpetrators of torture have no safe haven wherever they are.

But primarily its the territorial state's obligation. So, if under the direct jurisdiction of the United States of America, a government official - whether its a high official or a low official or a police officer or military officer, doesn't matter - whoever practices torture shall be brought before an independent criminal court and be held accountable. That is, the torturer, him or herself, but also those who are ordering torture practices, or in any other way participating in the practice of torture. This is a general obligation, and it applies to everybody; there are no exceptions in the Convention.

The law is clear. Anyone up and down the chain of command who participated in or ordered torture should be prosecuted. Ronald Reagan signed the treaty. But, if people think this is wrong, then we need to withdraw from the treaty, since apparently, we didn't mean it when we signed it.

On a side note, I am sick and tired of this issue being shown as something coming from "The Left". This should not be a "left" issue.