Donald Rumsfeld 2

Democracy Now bericht:

'The president of the Center for Constitutional Rights, Michael Ratner, is heading to Germany today to file a new case charging outgoing Defense Secretary Donald Rumsfeld with war crimes for authorizing torture at Guantanamo Bay. [includes rush transcript]

Would Rumsfeld stepping down leave him open to prosecution? In 2004, the Center for Constitutional Rights filed a criminal complaint in Germany on behalf of several Iraqi citizens who alleged that a group of U.S. officials committed war crimes in Iraq. Rumsfeld was among the officials named in the complaint. The Iraqis claimed they were victims of electric shock, severe beatings, sleep and food deprivation and sexual abuse.
Germany's laws on torture and war crimes permits the prosecution of suspected war criminals wherever they may be found. Now, the president of the Center for Constitutional Rights, Michael Ratner, is returning to Germany to file a new complaint. Michael Ratner joins us in our firehouse studio.
Michael Ratner, president of the Center for Constitutional Rights.

AMY GOODMAN: Michael Ratner joins us in our studio here in New York. Former CIA analyst Mel Goodman and journalist Bob Parry are still in Washington. Michael, why are you headed to Germany in the next few days?
MICHAEL RATNER: Thank you for having me on this issue, Amy. One of the shocking things really so far about the coverage of Rumsfeld’s resignation, there's not a word in any of it about torture. And here, Rumsfeld is one of the architects of the torture program of the United States. I mean, we have those sheets of paper that went to Guantanamo that talk about using dogs and stripping people and hooding people. We have one of our clients, al-Qahtani, who was in Guantanamo. Rumsfeld essentially supervised that entire interrogation, one of the worst interrogations that happened at Guantanamo. He actually authorized a rendition, a fake rendition of al-Qahtani, where flew him -- put a -- blindfolded him, sedated him, put him on an airplane and flew him back to Guantanamo, so he thought he would be in some torture country. So here you have Rumsfeld, one of the architects, not a word about it.
AMY GOODMAN: How do you know that he personally supervised it?
MICHAEL RATNER: There’s actually documents out there, that there’s part of the log that comes out. The log was published of his interrogation. And then there’s a report called the “Schmidt Report,” which was an internal investigation, in which there are statements in there about Rumsfeld being directly involved in the interrogation of al-Qahtani. So this guy has committed -- without any question, this guy has committed war crimes, violations of the Geneva Conventions.
Now, what do we do now? Well, we went to Germany before. Germany dismissed the earlier case on Rumsfeld, partly for political reasons, obviously. Rumsfeld said, “I’m not going back to Germany as long as this case is pending in Germany.” He had to go to the Munich Security Conference. They dismissed the case two days before. What they said when they dismissed it, what they said was, we think the United States is still looking into going up the chain of command, essentially, and looking into what the conduct of our officials are.
In fact, now, two years later, look where we are. One, he has resigned, so any kind of immunity he might have as a vice president [sic] from prosecution is out the window. Secondly, of course, as, you know, a little gift package to these guys, you know, our congress with the President has now given immunity to US officials for war crimes. They basically said you can’t be prosecuted for war crimes. That’s in the Military Commission Act. Now, that immunity, like the immunities in Argentina and Chile during the Dirty Wars, does not apply overseas.
So, now you have Germany sitting there with -- there’s no longer an argument the US can possibly prosecute him, because within the US, he’s out. So you have Germany sitting there with a former Secretary of Defense and basically in an immunity situation in the United States. So the chances in Germany have been raised tremendously, I think, and the stakes for Rumsfeld, not only in Germany, but anywhere that guy travels, he is going to be like the Henry Kissinger of the next period.
JUAN GONZALEZ: But then, what would you have to do? You would have to re-file the case before -- is it before an international court in Germany or in German courts?
MICHAEL RATNER: We’re actually going on Tuesday. We’re re-filing it in German courts under their law, which is universal jurisdiction, which basically says a torturer is essentially an enemy of all humankind and can be brought to justice wherever they’re found. So we are going to Germany to try and get them to begin an investigation of Rumsfeld for really a left-out part of this picture, which is the United States has essentially been on the page of torture now for five years.
AMY GOODMAN: Mel Goodman, as you listen to this, have you ever seen this, an American official concerned about going abroad -- you mentioned, Michael, Henry Kissinger -- but because they could be prosecuted? And how possible do you think this is, as a former State Department and CIA analyst?
MELVIN GOODMAN: Well, I think the record is quite clear. War crimes have been committed. Bush, Cheney and Rumsfeld combined to sponsor the memos by John Yoo and Jay Bybee and others to sanction torture. CIA officials have committed war crimes. DOD officials have committed war crimes. If you look at the three decisions of the Supreme Court -- Hamdi v. Rumsfeld, Hamdan v. Rumsfeld, Rasul v. Bush -- clearly laws have been broken, serious laws have been broken. And now the Congress is trying to rewrite the laws to launder these charges against these people.
But the ultimate question is, will any international body take on these charges, take on these cases, and really operate against high-level American officials? And I guess I have my doubts that this will be done. But I think what Michael Ratner is doing is important to at least establish the record of this pattern of torture and abuse, secret prisons, renditions and extraordinary renditions. I think it’s unconscionable what America has done in the name of the so-called war against terrorism over the last several years. And, of course, the war against terrorism is now the mantra of this administration, and Bob Gates incorporated it a few times in his very brief remarks yesterday, upon receiving this nomination. So this is a very important issue. I’m not optimistic that a court will take it on, but I think it’s very important to get the record out there for all to see what has been done in the name of the United States. This has been unconscionable behavior.'

Lees verder: http://www.democracynow.org/article.pl?sid=06/11/09/1444246