{"id":215697,"date":"2016-01-12T18:25:30","date_gmt":"2016-01-12T18:25:30","guid":{"rendered":"http:\/\/rinf.com\/alt-news\/newswire\/leading-republicans-are-promising-to-commit-war-crimes-and-their-base-loves-it\/"},"modified":"2016-01-12T18:25:30","modified_gmt":"2016-01-12T18:25:30","slug":"leading-republicans-are-promising-to-commit-war-crimes-and-their-base-loves-it","status":"publish","type":"post","link":"http:\/\/rinf.com\/alt-news\/newswire\/leading-republicans-are-promising-to-commit-war-crimes-and-their-base-loves-it\/","title":{"rendered":"Leading Republicans Are Promising to Commit War Crimes \u2013 and Their Base Loves It"},"content":{"rendered":"<div readability=\"331.71710526316\">\n<div id=\"attachment_30085\" style=\"width: 732px\" class=\"wp-caption aligncenter\" readability=\"32\"><img loading=\"lazy\" decoding=\"async\" class=\"size-large wp-image-30085\" src=\"http:\/\/fpif.org\/wp-content\/uploads\/2015\/10\/3862095960_c75861da66_b-722x482.jpg\" alt=\"afghanistan-kunduz-hospital-bombing-msf-doctors-without-borders-afghan-war\" width=\"722\" height=\"482\"\/><\/p>\n<p class=\"wp-caption-text\">(Photo: mashleymorgan \/ Flickr)<\/p>\n<\/div>\n<p><span style=\"font-size: 1em; line-height: 1.7;\">They\u2019re back!<\/span><\/p>\n<p>From the look of the presidential campaign, war crimes are back on the American agenda.<\/p>\n<p>We really shouldn\u2019t be surprised, because American officials got away with it last time \u2013 and in the case of the drone wars, <a href=\"https:\/\/theintercept.com\/drone-papers\/\">continue<\/a>\u00a0to get away with it today. Still, there\u2019s nothing like the heady combination of a \u201cpopulist\u201d Republican race for the presidency and a national hysteria over terrorism to make Americans want to reach for those \u201cenhanced interrogation techniques.\u201d That, as critics have long argued, is what usually happens if war crimes aren\u2019t prosecuted.<\/p>\n<p>In August 2014, when President Obama finally\u00a0<a href=\"http:\/\/www.politico.com\/story\/2014\/08\/john-brennan-torture-cia-109654\">admitted<\/a>\u00a0that \u201cwe tortured some folks,\u201d he added a warning. The recent history of U.S. torture, he said, \u201cneeds to be understood and accepted. We have to as a country take responsibility for that so hopefully we don\u2019t do it again in the future.\u201d By pinning the responsibility for torture on all of us \u201cas a country,\u201d Obama avoided holding any of the actual perpetrators to account.<\/p>\n<p>Unfortunately, \u201chope\u201d alone will not stymie a serial war criminal \u2013 and the president did not even heed his own warning. For seven years his administration has done everything except help the country \u201ctake responsibility\u201d for torture and other war crimes. It looked the other way when it comes to holding accountable those who set up and ran the CIA\u2019s large-scale torture operations at its \u201c<a href=\"http:\/\/www.newyorker.com\/magazine\/2007\/08\/13\/the-black-sites\">black sites<\/a>\u201d around the world. It never brought charges against\u00a0<a href=\"http:\/\/nsarchive.gwu.edu\/torturingdemocracy\/documents\/20021127-1.pdf\">those who ordered torture<\/a>\u00a0at Guant\u00c3\u00a1namo. It prosecuted no one, above all not the top officials of the Bush administration.<\/p>\n<p>Now, in the endless run-up to the 2016 presidential elections, we\u2019ve been treated to some pretty strange\u00a0<a href=\"https:\/\/www.washingtonpost.com\/graphics\/politics\/2016-election\/debates\/schedule\/\">gladiatorial extravaganzas<\/a>, with more to come in 2016. In these peculiarly American spectacles, Republican candidates hurl themselves at one another in a frenzied effort to be seen as the candidate most likely to ignore the president\u2019s wan hope and instead \u201cdo it again in the future.\u201d As a result, they are promising to commit a whole range of crimes, from torture to the slaughter of civilians, for which the leaders of some nations would find themselves hauled into international court as war criminals. But \u201cwar criminal\u201d is a label reserved purely for people we loathe, not for us. To\u00a0<a href=\"http:\/\/www.theguardian.com\/theguardian\/2007\/sep\/07\/greatinterviews1\">paraphrase<\/a>\u00a0former President Richard Nixon, if the United States does it, it\u2019s not a crime.<\/p>\n<p>In the wake of the brutal attacks in Paris and San Bernardino, the promises being openly made to commit future crimes have only grown more forthright. A few examples from the presidential campaign trail should suffice to make the point:<\/p>\n<ul>\n<li>Ted Cruz\u00a0<a href=\"https:\/\/www.youtube.com\/watch?v=ovRMOl5xRRE&amp;feature=youtu.be&amp;t=850\">guarantees<\/a>\u00a0that \u201cwe\u201d will \u201cutterly destroy ISIS.\u201d How will we do it? \u201cWe will\u00a0<a href=\"https:\/\/en.wikipedia.org\/wiki\/Carpet_bombing\">carpet bomb<\/a>\u00a0them into oblivion\u201d \u2013 that is, \u201cwe\u201d will saturate an area with munitions in such a way that everything and everyone on the ground is obliterated. Of such a bombing campaign against the Islamic State, he told a cheering crowd at the\u00a0<a href=\"http:\/\/www.freedomworks.org\/content\/ted-cruz-accepts-invitation-rising-tide-summit\">Rising Tide Summit<\/a>, \u201cI don\u2019t know if sand can glow in the dark, but we\u2019re going to find out.\u201d (It\u2019s hard not to take this as a reference to the use of nuclear weapons, though in the bravado atmosphere of the present Republican campaign a lot of detailed thought is undoubtedly not going into any such proposals.)<\/li>\n<li>Kindly retired pediatric neurosurgeon Ben Carson evidently has similar thoughts. When\u00a0<a href=\"http:\/\/www.nytimes.com\/2015\/12\/16\/us\/politics\/transcript-main-republican-presidential-debate.html?_r=0\">pressed<\/a>\u00a0by CNN co-moderator Hugh Hewitt in the most recent Republican debate on whether he was \u201ctough\u201d enough to be \u201cokay with the deaths of thousands of innocent children and civilian[s],\u201d Carson replied, \u201cYou got it. You got it.\u201d He even presented a future campaign against the Islamic State in which \u201cthousands\u201d of children might die as an example of the same kind of tough love a surgeon sometimes exhibits when facing a difficult case. It\u2019s like telling a child, he assured Hewitt, that \u201cwe\u2019re going to have to open your head up and take out this tumor. They\u2019re not happy about it, believe me. And they don\u2019t like me very much at that point. But later on, they love me.\u201d So, presumably, will those \u201cdead innocent children\u201d in Syria \u2013 once they get over the shock of being dead.<\/li>\n<li>Jeb Bush\u2019s approach\u00a0<a href=\"http:\/\/www.nytimes.com\/2015\/12\/16\/us\/politics\/transcript-main-republican-presidential-debate.html?_r=0\">brought<\/a>\u00a0what, in Republican circles, passes for nuance to the discussion of future war crimes policy. What Washington needs, he argued, is \u201ca strategy,\u201d and what stands in the way of the Obama administration developing one is an excessive concern with the niceties of international law. As he put it, \u201cWe need to get the lawyers off the back of the warfighters. Right now under President Obama, we\u2019ve created\u2026 this standard that is so high that it\u2019s impossible to be successful in fighting ISIS.\u201d Meanwhile, Jeb has\u00a0<a href=\"http:\/\/thinkprogress.org\/politics\/2015\/02\/18\/3624114\/people-lied-iraq-now-charge-jeb-bushs-foreign-policy\/\">surrounded<\/a>\u00a0himself with a familiar clique of neocon \u201cadvisers\u201d \u2013 people like George W. Bush\u2019s former Deputy Secretary of Defense <a href=\"http:\/\/www.rightweb.irc-online.org\/profile\/wolfowitz_paul\">Paul Wolfowitz<\/a> and his former Deputy National Security Advisor <a href=\"http:\/\/www.rightweb.irc-online.org\/profile\/hadley_stephen\">Stephen Hadley<\/a>, who planned for and advocated the illegal U.S. war against Iraq, which touched off a regional war with\u00a0<a href=\"https:\/\/www.iraqbodycount.org\/\">devastating<\/a>\u00a0human\u00a0<a href=\"http:\/\/data.unhcr.org\/syrianrefugees\/regional.php\">consequences<\/a>.<\/li>\n<li>And then there is Donald Trump. Where to start? As a simple baseline for his future commander-in-chiefdom, he stated without a blink that he would bring back torture. \u201cWould I approve waterboarding?\u201d he\u00a0<a href=\"https:\/\/www.washingtonpost.com\/news\/post-politics\/wp\/2015\/11\/23\/donald-trump-on-waterboarding-if-it-doesnt-work-they-deserve-it-anyway\/\">told<\/a>\u00a0a cheering crowd at a November rally in Columbus, Ohio. \u201cYou bet your ass I would \u2013 in a heartbeat.\u201d And for Trump, that would only be the beginning. He assured his listeners vaguely but emphatically that he \u201cwould approve more than that,\u201d leaving to their imaginations whether he was\u00a0<a href=\"http:\/\/nsarchive.gwu.edu\/NSAEBB\/NSAEBB127\/\">thinking of<\/a> excruciating \u201cstress positions,\u201d relentless exposure to loud noise, sleep deprivation, the straightforward\u00a0<a href=\"http:\/\/www.nytimes.com\/2012\/08\/31\/us\/holder-rules-out-prosecutions-in-cia-interrogations.html\">killing<\/a>\u00a0of prisoners, or what the CIA used to delicately\u00a0<a href=\"http:\/\/www.ibtimes.com\/what-are-rectal-feeding-rectal-hydration-doctors-call-cia-tactics-torture-1751952\">refer to<\/a>\u00a0as \u201crectal rehydration.\u201d Meanwhile, he just hammers on when it comes to torture. \u201cDon\u2019t kid yourself, folks. It works, okay? It works. Only a stupid person would say it doesn\u2019t work.\u201d<\/li>\n<\/ul>\n<p>Only a stupid person \u2013 like, perhaps, one of the\u00a0<a href=\"http:\/\/www.intelligence.senate.gov\/\">members<\/a>\u00a0of the Senate Intelligence Committee who carefully studied the CIA\u2019s grim torture documents for years, despite the agency\u2019s foot-dragging, opposition, and outright interference (including computer hacking) \u2013\u00a0<a href=\"http:\/\/www.amnestyusa.org\/pdfs\/sscistudy1.pdf\">would say<\/a>\u00a0that. But why even bother to argue about whether torture works? The point, Trump claimed, was that the very existence of the Islamic State means that someone needs to be tortured. \u201cIf it doesn\u2019t work,\u201d he told that Ohio crowd, \u201cthey deserve it anyway.\u201d<\/p>\n<p>Only a few days later, he triumphantly sallied even further into war criminal territory. He declared himself ready to truly hit the Islamic State where it hurts. \u201cThe other thing with the terrorists,\u201d he\u00a0<a href=\"http:\/\/www.cnn.com\/2015\/12\/02\/politics\/donald-trump-terrorists-families\/\">told<\/a>\u00a0Fox News, \u201cis you have to take out their families, when you get these terrorists, you have to take out their families. They care about their lives, don\u2019t kid yourself. When they say they don\u2019t care about their lives, you have to take out their families.\u201d Because it\u2019s a well-known fact \u2013 in Trumpland at least \u2013 that nothing makes people less likely to behave violently than murdering their parents and children. And it certainly doesn\u2019t matter, when Trump advocates it, that murder is a crime.<\/p>\n<p><strong>The Problem with Impunity<\/strong><\/p>\n<p>Not that you\u2019d know it in this country, but the common thread in all of these proposed responses to the Islamic State isn\u2019t just the usual Republican hawkishness. Each one represents a serious violation of U.S. laws, international laws of war, and\/or treaties and conventions that the United States has signed and ratified under Republican as well as Democratic presidents. Most campaign trail discussions of plans \u2013 both Republican and <a href=\"http:\/\/www.cnn.com\/2015\/11\/19\/politics\/hillary-clinton-isis-speech\/\">Democratic<\/a>\u00a0\u2013 to defeat ISIS have focused only on instrumental questions: Would carpet bombing, torture, or making sand glow in the dark work?<\/p>\n<p>Candidates and reporters alike have ignored the obvious larger point \u2013 if, that is, we weren\u2019t living in a country that had given itself a blanket pass on the issue of war crimes. Carpet-bombing cities, torturing prisoners, and rendering lands uninhabitable are all against the law. They are, in fact, grave\u00a0<em>crimes<\/em>. That even critics of these comments will not identify such potential acts as war crimes can undoubtedly be attributed, at least in part, to the fact that no one \u2013 other than a\u00a0<a href=\"https:\/\/en.wikipedia.org\/wiki\/Lynndie_England\">few<\/a>\u00a0low-level\u00a0<a href=\"http:\/\/articles.latimes.com\/2006\/jan\/24\/nation\/na-interrogate24\">military personnel\u00a0<\/a>and a\u00a0<a href=\"http:\/\/www.tomdispatch.com\/blog\/175500\/tomgram%3A_peter_van_buren,_in_washington,_fear_the_silence,_not_the_noise\/\">CIA whistleblower<\/a> who spoke publicly about the agency\u2019s torture agenda \u2013 has been prosecuted in the U.S. for the startling array of crimes already committed in the so-called war on terror.<\/p>\n<p>President Obama set the stage for this failure as early as January 2009, just before his first inauguration. He\u00a0<a href=\"http:\/\/blogs.abcnews.com\/george\/2009\/01\/obama-leaves-do.html\">told<\/a>\u00a0ABC\u2019s George Stephanopoulos that, when it came to the possible prosecution of CIA officials for U.S. torture policies, \u201cWe need to look forward as opposed to looking backwards.\u201d He didn\u2019t, he assured Stephanopoulos, want the \u201cextraordinarily talented people\u201d at the agency \u201cwho are working very hard to keep Americans safe\u2026 to suddenly feel like they\u2019ve got to spend all their time looking over their shoulders and lawyering up.\u201d<\/p>\n<p>As it turned out, lawyering up was never a problem. In the end, Attorney General Eric Holder\u00a0<a href=\"http:\/\/www.theguardian.com\/commentisfree\/2012\/aug\/31\/obama-justice-department-immunity-bush-cia-torturer\">declined<\/a>\u00a0to charge any CIA personnel, closing the only two cases the Justice Department had even opened. Nor did any of the top officials responsible for the \u201cenhanced interrogation\u201d program, including President George W. Bush, Vice President <a href=\"http:\/\/www.rightweb.irc-online.org\/profile\/cheney_dick\">Dick Cheney<\/a>, Secretary of Defense\u00a0<a href=\"http:\/\/www.tomdispatch.com\/post\/2116\/\">Donald Rumsfeld<\/a>, or CIA Director George Tenet, need to waste a cent on a lawyer. Instead, they\u2019re now\u00a0<a href=\"http:\/\/www.amazon.com\/No-Higher-Honor-Memoir-Washington-ebook\/dp\/B005GQ2I2G\/ref=sr_1_1?s=books&amp;ie=UTF8&amp;qid=1451425319&amp;sr=1-1&amp;keywords=condoleezza+rice\">happily<\/a> <a href=\"http:\/\/www.amazon.com\/Decision-Points-George-W-Bush\/dp\/0307590615\/ref=sr_1_1?ie=UTF8&amp;qid=1451425182&amp;sr=8-1&amp;keywords=bush+decision+points\">publishing<\/a>\u00a0<a href=\"http:\/\/www.amazon.com\/My-Time-Personal-Political-Memoir\/dp\/1439176191\/ref=sr_1_13?ie=UTF8&amp;qid=1451425230&amp;sr=8-13&amp;keywords=cheney+autobiography\">their<\/a>\u00a0<a href=\"http:\/\/www.amazon.com\/At-Center-Storm-During-Americas\/dp\/0061147796\/ref=sr_1_1?ie=UTF8&amp;qid=1451425133&amp;sr=8-1&amp;keywords=george+tenet+at+the+center+of+the+storm\">memoirs<\/a>. Or, in the cases of Jay Bybee and <a href=\"http:\/\/rightweb.irc-online.org\/profile\/Yoo_John\">John Yoo<\/a>, the Justice Department\u00a0<a href=\"http:\/\/nsarchive.gwu.edu\/torturingdemocracy\/documents\/theme.html\">authors<\/a>\u00a0of some of the more infamous \u201ctorture memos,\u201d <a href=\"https:\/\/en.wikipedia.org\/wiki\/Jay_Bybee\">serving<\/a>\u00a0as a federal judge or\u00a0<a href=\"https:\/\/www.law.berkeley.edu\/php-programs\/faculty\/facultyProfile.php?facID=235\">occupying<\/a>\u00a0an endowed chair at the University of California-Berkeley School of Law, respectively.<\/p>\n<p>On December 1, 2015, perhaps driven to frustration by the Obama administration\u2019s ultimate failure to act, Human Rights Watch (HRW) <a href=\"https:\/\/www.hrw.org\/node\/283564\">released<\/a>\u00a0a 153-page report titled \u201cNo More Excuses.\u201d In it, the organization detailed the specific crimes relating to that CIA torture program for which a dozen high-level officials of the Bush administration could have been brought to trial and called for their prosecution. HRW pointed out that such prosecutions are not, in fact, a matter of choice. They are required by international law (even if the alleged criminals have run the planet\u2019s last superpower). For example, the\u00a0<a href=\"http:\/\/www.un.org\/documents\/ga\/res\/39\/a39r046.htm\">United Nations Convention against Torture<\/a>, a key treaty that the United States signed in 1988 (under President Ronald Reagan) and finally ratified in 1994 (under President Bill Clinton), specifically requires our nation to take \u201ceffective legislative, administrative, judicial, or other measures to prevent acts of torture in any territory under its jurisdiction.\u201d<\/p>\n<p>It doesn\u2019t matter if there\u2019s a war on, or if there\u2019s internal unrest. The convention says, \u201cNo exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.\u201d<\/p>\n<p>Whenever torture is used, it\u2019s a violation of that treaty, and that makes it a crime. When it\u2019s used against prisoners of war, it\u2019s also a violation of the 1949 Geneva Conventions and therefore a war crime. No exceptions.<\/p>\n<p>But when Obama acknowledged that \u201cwe tortured some folks,\u201d he claimed an exception for American torture. He cautioned us against overreacting. \u201cIt\u2019s important for us not to feel too sanctimonious in retrospect about the tough job that those folks had,\u201d he said, referring to the CIA\u2019s corps of torturers. He pointed to American fear \u2013 of the very sort we\u2019re seeing again over San Bernardino \u2013 as an exculpatory factor, reminding us of just how frightened all of us, including CIA operatives, were in the days after 9\/11.<\/p>\n<p>As it happens, whatever the former constitutional law professor in the White House or hotel-builder Donald Trump may believe, torture remains illegal. It makes no difference how frightened people may be of potential terrorists. After all, it\u2019s partly because people do wicked things when they are afraid that we make laws in the first place \u2013 so that, when fear clouds our minds, we can be reminded of what we decided was right in less frightening times. That\u2019s why the Convention against Torture says \u201cno exceptional circumstances whatsoever\u201d excuse such acts.<\/p>\n<p>But the UN Convention is just a treaty, right? It\u2019s not really a\u00a0<em>law.<\/em>\u00a0In fact, when the United States ratifies a treaty, it becomes part of American law under\u00a0<a href=\"https:\/\/www.law.cornell.edu\/constitution\/articlevi\">Article VI<\/a>\u00a0of our Constitution, which states that the Constitution itself and \u201call treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.\u201d<\/p>\n<p>So even if torture did work, it would still be illegal.<\/p>\n<p><strong>War Crimes for the New Year<\/strong><\/p>\n<p>What about the other proposals we\u2019ve heard from Republican candidates? Some of them are certainly war crimes.<\/p>\n<p>\u201cCarpet bombing,\u201d a\u00a0<a href=\"https:\/\/en.wikipedia.org\/wiki\/Carpet_bombing\">metaphor<\/a>\u00a0that describes an all-too-real air-power nightmare (as many Vietnamese, Laotians, and Cambodians learned during our wars in Indochina), means the saturation of an entire area with enough bombs to destroy everything standing, without regard for the lives of anyone who might be on the ground. It is illegal under the laws of war, because it makes no distinction between civilians and combatants.<\/p>\n<p>Because aerial bombardment hadn\u2019t even been invented in 1907 when the Hague Conventions were signed, they don\u2019t name carpet bombing specifically in a list of prohibited \u201cmeans of injuring the enemy, sieges, and bombardments.\u201d Nevertheless, at the center of the Hague Conventions, as with all the laws and customs of war, lies the crucial distinction between combatants and civilians. To destroy an entire populated area in order to eliminate a handful of fighters violates the long-held and internationally recognized principle of proportionality.<\/p>\n<p>The Hague Conventions also put into the written international legal code long-held beliefs about the importance of distinguishing between civilians and combatants in war. Ben Carson\u2019s willingness to allow the deaths of thousands of civilians and children in the pursuit of ISIS fundamentally violates exactly that principle.<\/p>\n<p>In another shameful exception, the United States has never ratified a 1977 addition to the Geneva Conventions that specifically outlaws carpet bombing. Additional Protocol 1 specifically addresses the protection of civilians during warfare. Apart from such U.S. allies as Israel and Turkey, 174 countries have signed Protocol 1, explicitly making carpet bombing a war crime.<\/p>\n<p>If the United States hasn\u2019t ratified Protocol 1, does that mean it is free to violate its provisions? Not necessarily. When the vast majority of nations agree to such an accord, it can take on the power of \u201c international customary law\u201d \u2013 a set of principles that have the force of law, whether or not they are written down and ratified. The International Committee of the Red Cross <a href=\"https:\/\/www.icrc.org\/customary-ihl\/eng\/docs\/v1\">maintains<\/a>\u00a0a list of these rules of law. One\u00a0<a href=\"https:\/\/www.icrc.org\/customary-ihl\/eng\/docs\/v1_cha_chapter3\">section<\/a>\u00a0of these explicitly states that \u201cindiscriminate attacks,\u201d including \u201carea bombardment,\u201d are indeed illegal under customary law.<\/p>\n<p>Senator Cruz\u2019s promise to discover whether or not sand glows in the dark, presumably through the use of nuclear weapons, would violate the 1907 Hague Convention\u2019s\u00a0<a href=\"https:\/\/www.icrc.org\/applic\/ihl\/ihl.nsf\/0\/1d1726425f6955aec125641e0038bfd6\">prohibitions<\/a>\u00a0on employing \u201cpoison or poisoned weapons\u201d and on the use of \u201carms, projectiles, or material calculated to cause unnecessary suffering.\u201d It no more matters that the United States ratified this convention over a century ago than that the Constitution is more than 200 years old. Jeb Bush\u2019s suggestion that we get the lawyers \u201coff the back of the warfighters\u201d notwithstanding, both remain the law of the land.<\/p>\n<p>That they don\u2019t appear to have the force of law in the United States, that the description of possible future war crimes can rouse crowds to a cheering frenzy in this political season, represents a remarkable failure of political will; in particular, the willingness of the Obama administration to call a crime a crime and act accordingly. Globally, it is a failure of power rather than of the law. Prosecuting a\u00a0<a href=\"https:\/\/en.wikipedia.org\/wiki\/Charles_Taylor_%28Liberian_politician%29#Disappearance_and_arrest\">former African autocrat<\/a>\u00a0or\u00a0<a href=\"https:\/\/en.wikipedia.org\/wiki\/Slobodan_Milo%C5%A1evi%C4%87#Trial_at_The_Hague\">Serbian leader<\/a>\u00a0for war crimes is obviously a very different and far less daunting matter than bringing to justice top officials of the planet\u2019s only superpower. That is made all the more difficult because, under George W. Bush, the United States informed the world that it would never ratify the accords that set up the\u00a0<a href=\"https:\/\/www.icc-cpi.int\/en_menus\/icc\/Pages\/default.aspx\">International Criminal Court<\/a>.<strong>\u00a0<\/strong><\/p>\n<p><strong>In the Glare of San Bernardino<\/strong><\/p>\n<p>Human Rights Watch released its report on December 1st. The next day, a married couple, Syed Rizwan Farook and Tashfeen Malik,\u00a0<a href=\"https:\/\/en.wikipedia.org\/wiki\/2015_San_Bernardino_attack\">attacked<\/a>\u00a0a holiday party at San Bernardino\u2019s Department of Public Health, where Farook worked.<\/p>\n<p>They killed 14 people before dying in a police shootout. It was a horrific crime, and it appears that the two were, at least in part,\u00a0<a href=\"http:\/\/www.nytimes.com\/interactive\/2015\/12\/02\/us\/california-mass-shooting-san-bernardino.html\">inspired<\/a>\u00a0by the social media presence of the Islamic State (even if they were not in any way directed by that group). Not surprisingly, the HRW report sank like a stone from public view. With it went their key recommendations: that a special prosecutor be appointed to investigate and bring to trial those responsible for CIA torture practices and that U.S. torture victims be guaranteed redress in American courts, something both the Bush and Obama administrations\u00a0<a href=\"http:\/\/www.amnestyusa.org\/our-work\/cases\/usa-maher-arar\">have fought<\/a>\u00a0fiercely, even though it is a key requirement of the U.N. Convention Against Torture.<\/p>\n<p>As last year ended, the fear machine had\u00a0<a href=\"http:\/\/www.tomdispatch.com\/blog\/175904\/tomgram%3A_engelhardt,_inside_the_american_terrordome\">cranked<\/a>\u00a0up once again, and Americans were being reminded by those who aspire to lead us that no price is too high to pay for our security \u2013 as long as it\u2019s paid by\u00a0<a href=\"http:\/\/data.unhcr.org\/syrianrefugees\/regional.php\">somebody else<\/a>. Expect more of the same in 2016.<\/p>\n<p>And yet it is precisely now, when we are most afraid, that our leaders \u2013 present and future \u2013 should not be stoking our fears. They should instead be reminding us that there is something more valuable \u2013 and more achievable \u2013 than perfect security. They should be encouraging us not to seek a\u00a0<a href=\"http:\/\/www.tomdispatch.com\/blog\/175866\/tomgram%3A_rebecca_gordon,_a_nation_of_cowards\/\">cowardly exception<\/a>\u00a0from the laws of war, but to be brave and abide by them.<\/p>\n<p>So here\u2019s the challenge: Will we find the courage to resist the fear machine this time? Will we find the will to prosecute the war crimes of the past and prevent the ones our candidates are screaming for? Or will we allow our nation to remain what it has become: a terrible and terrifying exception to the international rule of law?<\/p>\n<\/div>\n<p>This piece was reprinted from <a href=\"http:\/\/fpif.org\/leading-republicans-promising-commit-war-crimes-base-loves\/\">Foreign Policy In Focus<\/a> by <a href=\"http:\/\/rinf.com\">RINF Alternative News<\/a> with permission. <\/p>\n","protected":false},"excerpt":{"rendered":"<p>(Photo: mashleymorgan \/ Flickr) They\u2019re back! From the look of the presidential campaign, war crimes are back on the American agenda. We really shouldn\u2019t be surprised, because American officials got away with it last time \u2013 and in the case of the drone wars, continue\u00a0to get away with it today. Still, there\u2019s nothing like the [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":215698,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[519],"tags":[],"class_list":{"0":"post-215697","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-newswire"},"_links":{"self":[{"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/posts\/215697","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/comments?post=215697"}],"version-history":[{"count":0,"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/posts\/215697\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/media\/215698"}],"wp:attachment":[{"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/media?parent=215697"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/categories?post=215697"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/rinf.com\/alt-news\/wp-json\/wp\/v2\/tags?post=215697"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}