General Discussion
In reply to the discussion: Obama is BOUND BY LAW to prosecute torture. [View all]MADem
(135,425 posts)Sure, we have criminal statutes with severe punishments for torture, but we also have concepts like double jeopardy. No one is going to punish someone twice, even if the military punishment is non-judicial. If the military takes the case--particularly overseas, where states don't have any jurisdiciton--then what's done is done. No one in DOJ will come after them.
Yes, those statutes are vague and ambiguous--and that a) makes them difficult to prosecute, and b) dovetails nicely with the Convention, which is equally vague and ambiguous, making it difficult to apply (even though it's just a treaty--not law).
There won't be any frog marching "to the Hague!" or anywhere else, and there won't be some European judge flying in with a crew of world police to make arrests. It would seem that some people really want that to happen--but it's not going to happen. There's absolutely no motivation to do that, and many Americans still think torture is a good idea. The best one can hope for is to start a conversation about things like history and ethics, maybe start teaching those concepts in school, and perhaps change the culture of the country in that fashion.