Es Verdad? Spain Steps Forward

Will there be justice at last? It is being widely reported that Spanish courts are soon to indict former Bush (mis)Administration members, Alberto Gonzalez, John Yoo, David Addington, Douglas Feith, Jay Bybee and William Haynes II for their part in the torture of persons held in U.S. custody. Gonzalo Boye, the lawyer who filed the suit, submitted a complaint on behalf of five Spanish citizens held in Guantanamo. The case is expected to be heard before Baltazar Garzon, the judge who brought the indictments against Pinochet.

There are two great questions lurking beneath the surface in all of this; why a Spanish court and why not Bush and Cheney as well?

The answer to the question of why a Spanish court is apparently because they take allegations of torture and the disregard of treaties seriously. Under international law it is the duty of the nation involved to investigate war crimes. Since it appears that there is no political will in the U.S. to follow through on these obligations, it seems that the Spanish are merely fulfilling their rightful role as a signatory of the Geneva Conventions given that the nation that should lead this prosecution is unwilling. Note that the Geneva Conventions require investigation and prosecution when credible allegations are made. Clearly, that legal hurdle has been surpassed long ago.

The second question, why not Bush and Cheney too, bears more scrutiny. Cheney has come as close to admitting and bragging about torture as it is possible. Bush has long justified any and all of his actions under the guise of his imperial presidency. Their very actions have destroyed the reputation of the country internationally and have sullied the nature of their offices. Their actions in causing an undermining of the protections of the Constitution on U.S. citizens through their wiretap and spying programs likely rise to the level of treason. Their part in the authorization of torture must be investigated if international law has any meaning.

Could it be that the Spanish courts are giving us our chance to get Bush and Cheney ourselves? Or are they bowing to political pressure in leaving them out of this. Americans who are upset by the Spanish taking these actions against members of the Bush (mis)Administration should demand that these actions be taken here. At present, the Spanish have been forced to take the lead. Will we do the right thing and take over as we should have long ago?

One more question: Why is it that right wingers who have cataleptic fits over the "rule of law," always seem to look the other way when it's their political compatriots who are breaking the law?