General Discussion
In reply to the discussion: Obama is BOUND BY LAW to prosecute torture. [View all]branford
(4,462 posts)The point is that Obama has chosen, quite lawfully and within his discretion, how he will institute the laws of our country. That is why another president could deport everyone Obama has protected, and even use their registration with the government as a means of identification and proof of guilt.
In any event, I doubt Obama is losing any sleep that he'll be prosecuted for war crimes, whether as a result of not prosecuting American torturers or his own wartime conduct. Any attempt by a foreign entity to detain and charge a sitting or former American president or high official, irrespective of political party, would not be tolerated at all by the vast majority of the American public. Unless the Hague or ICC believes it's a match for the American armed forces, foreign tribunals charging American dignitaries with war crimes is little more than an academic discussion. Ironically, less democratic major powers like China and Russia would be leery of such international legal ambition for far less noble reasons, and would support the American position, at least behind the scenes.
Additionally, Obama will not charge his predecessors and other officials with war crimes in the USA, if for no other reason, as surety that he and his allies will not be prosecuted by a subsequent administration. All presidents engage in "dubious" conduct in defense of the nation, and the basic elements of mutually assured destruction ensure that both parties look the other way. If there's a perceived choice between torture, drones or god knows what else versus thousands of dead Americans, no president of any party will gamble, despite their best human rights rhetoric. There's a reason why Obama made it perfectly clear very early in his first term that there would be no prosecutions. Investigations and "reforms," yes, but definitely no prosecutions.