General Discussion
In reply to the discussion: Obama is BOUND BY LAW to prosecute torture. [View all]branford
(4,462 posts)to presidential powers in the Constitution or cite any federal jurisprudence limiting prosecutorial discretion, no less mandating prosecution (likely in violation of the separation of powers) in the event of an alleged war crime. As an attorney, I would be most interesting in reading such authority.
Treaties are "rendered moot" all the time by lack of enforcement. So are federal laws. How do you think Obama is managing to not deport known undocumented immigrants or why the DEA and FBI are not raiding every marijuana dispensary in Washington and Colorado.
If you want an example of a treaty that we signed, but refused to enforce, even though President Bush(!) wanted to and a ruling by the International Court of Justice ordering us to comply, check out the cases of undocumented Mexican nationals that faced the death penalty in Texas despite the fact that they did not promptly receive consular assistance.
http://en.wikipedia.org/wiki/Humberto_Leal_Garcia
http://en.wikipedia.org/wiki/Jos%C3%A9_Medell%C3%ADn