Judge Evan Wallach, a knowledgable expert on the history of the use of waterboarding as torture and of the violations of military and constitutional law, should be appointed as special prosecutor or to head up a commission to investigate the crimes. He is a former JAG and is currently serving as a Judge on the United States Court of International Trade. He is a decorated Vietnam Vet and considered to be a foremost expert on war crimes and the laws of war.
Seriously...google this guy and see his vast experience and knowledge on this matter....including the following opinion piece in the Washington Post from 2007:
"We know that U.S. military tribunals and U.S. judges have examined certain types of water-based interrogation and found that they constituted torture. That's a lesson worth learning. The study of law is, after all, largely the study of history. The law of war is no different. This history should be of value to those who seek to understand what the law is -- as well as what it ought to be"
http://www.washingtonpost.com/wp-dyn/content/article/2007/11/02/AR2007110201170.htmlI also found a really interesting article he wrote - He starts the article off with this quote:
"Those who do battle with monsters must take care that they do not thereby become a monster. Always remember that when you gaze into the abyss, the abyss gazes back into you"
Then in the conclusion of this article he writes the following:
'Who sets such precedents bears a heavy responsibility to remember what happens when we do battle with monsters. After the Abu Ghraib story broke President Bush addressed the key issues in this article:
America stands against and will not tolerate torture. We will investigate and prosecute all acts of torture and undertake to prevent other cruel and unusual punishment in all territory under our jurisdiction. American personnel are required to comply with all U.S. laws, including the United States Constitution, Federal statutes, including statutes prohibiting torture, and our treaty obligations with respect to the treatment of all detainees.
The United States also remains steadfastly committed to upholding the Geneva Conventions, which have been the bedrock of protection in armed conflict for more than 50 years. These Conventions provide important protections designed to reduce human suffering in armed conflict. We expect other nations to treat our service members and civilians in accordance with the Geneva Conventions. Our Armed Forces are committed to complying with them and to holding accountable those in our military who do not. (White House Statement on United Nations International Day in Support of Victims of Torture, 26 June, 2004,
http://usinfo.state.gov/is/Archive/2004/Jun/28-403335.html.)
That commitment by the Armed Forces of the United States to holding accountable violators of the Geneva Conventions is consistent with our history and values. Does it extend beyond the military to hold responsible all who conceived, ordered and abetted such violations; no matter how high their office?
The abyss is gazing back at us.