Beyond The Point Of Speculation
Christopher is correct on universal jurisdiction. Moreover, we're beyond the point of speculation on this--one case is already underway. In Milan, a trial is now pending in which 26 American intelligence officers, diplomats and one military attaché are charged with kidnapping and assault in connection with the extraordinary renditions program. They are being tried in absentia and the U.S. refused to extradict them. Christopher notes Judge Garzon, and I have interviewed another investigating magistrate who advised me that the process of collecting information to proceed with a case against Bush Administration officials is underway, though there has been no decision to actually bring charges and it was not conceivable that such a decision would occur before the Bush team leaves Washington. As he put it "those currently serving the U.S. government have the protection of political considerations; but with respect to the officials of a former regime--they are fair game." That was in a country which supports the U.S. efforts in Iraq and Afghanistan and has sent its troops to fight in both, by the way. So whatever happens in the United States, it is likely that there will be some sort of enforcement overseas, and that people like David Addington and John Yoo will have to be extremely careful about any trans-Atlantic vacation plans.
As I understand, Cheney receives deferred payments from Halliburton, where he was CEO before becoming VP. Halliburton received a no bid contract for work in Iraq from Cheney, when the war began. Cheney said no other company was large enough to handle the job. Maybe so, but the conflict of interest boggles the mind. (Many have commented that war is a money maker.)
Remember, also, that Halliburton moved its headquarters off-shore from Houston to Dubai. Congress was dumbstruck by the announcement given our war payments to the company.
Dubai has no extradition treaty with the US. Does Dubai have one with Italy? Life there is pretty good for ex-pats. Besides the US is in decline compared to its better days. The rich can go where they want.
Thanks for the latest info on the Italian trial, as I have not been able to find current information. I thought the case may have been dismissed due to pressure from the US.
October 1, 2008 12:40 AM | Reply | Permalink
I don't think the Milan trial is actually an example of universal jurisdiction in action; the American intelligence officers on trial are actually being prosecuted for the kidnapping of an Egyptian cleric, Abu Omar, in Milan in 2003
(Omar was then rendered to Egypt, where he was tortured). So I don't think there can be any quarrel that the Italians have jurisdiction here.
background from Der Spiegel:
http://www.spiegel.de/international/world/0,1518,472495,00.html
October 1, 2008 4:00 AM | Reply | Permalink