A McClatchy Newspaper Group report released a few weeks ago came to a similar conclusion, finding that brutal mistreatment of prisoners was routine in Afghanistan and at Guantanamo, even though in many cases the abused detainees had no ties to Al Qaeda.
Did all this violate U.S. and international law? You betcha. The U.S. is party to the U.N. Convention Against Torture, and torture is also a federal crime. At the time most of the abuses were committed, the War Crimes Act also criminalized violations of Common Article 3 of the Geneva Conventions, which prohibits "cruel treatment and torture [and] outrages upon personal dignity." And under the doctrine of "command responsibility," senior civilian and military leaders could all face criminal liability for authorizing or tolerating the abuses.
But don't hold your breath. As far back as 2001, administration lawyers were crafting legal opinions designed to shelter their bosses from any future criminal liability, and much evidence has since been hidden and destroyed. Then in 2006, the GOP-dominated Congress amended the War Crimes Act -- with retroactive effect -- to make future prosecutions almost impossible.
In any case, neither Democrats nor Republicans have the stomach for criminal proceedings against high-ranking current or former officials who still retain substantial public support. Meanwhile, no international tribunal is ever likely to have jurisdiction over the U.S. participants involved in the abuses.
But that doesn't mean we should give up on accountability. John McCain and Barack Obama should be urged to establish a high-level, nonpartisan "truth commission" with robust subpoena powers early in 2009. That commission should investigate, hold hearings and issue a public report on responsibility for torture, war crimes and other abuses committed during the Bush administration.
Such a panel wouldn't satisfy those who'd like to see Bush and Cheney in prison garb, but it would be a major step toward undoing the damage the administration did to our reputation as a nation committed to human rights. And as more incriminating details come out -- and they will -- some Bush-Cheney fan club members might even turn in their membership cards.
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rbrooks@latimescolumnists.com
