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UN ‘Expert’ Calls for Torture Trials Against Bush and Rumsfeld

The appeal to prosecute members of the former administration is built on a foundation of falsehoods.

January 28, 2009 - by John Rosenthal
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It did not take long. On January 20, the very day of the swearing-in of Barack Obama as the new president of the United States, Germany’s ZDF public television broadcast a report in which UN “torture rapporteur” Manfred Nowak called for the new American administration to prosecute outgoing President Bush and former Secretary of Defense Donald Rumsfeld on torture charges. As touched upon in my recent PJM article “Dubious UN ‘Expert’ Misrepresents Guantánamo — Again,” Nowak has made a name for himself in recent years by militating for the closure of the Guantánamo Bay detention center. He first came to broad public attention in 2006, when, in a highly publicized UN report, he accused the U.S. of practicing torture at Guantánamo.

His most recent comments were included as part of a segment on the ZDF news magazine Frontal21. The entire segment treats as established fact that it was U.S. government policy to use torture under the Bush administration. Thus in the intro, Frontal21 host Theo Koll declares, “Under [Obama's] predecessor America tortured detainees, even if for George Bush these were to the very end only ‘harsh interrogation methods.’” The narration that follows speaks of “the Bush administration’s legacy of torture and lawlessness in the fight against terror.” It is hardly surprising, then, that Nowak (as paraphrased by Koll) should conclude that “Obama is legally obligated to undertake criminal proceedings against Bush and Co.” Since it is treated as given throughout that America tortured and that the torture was a systematic practice approved — or, as the narrator puts it, “legalized” — by the Bush administration, this is in fact a foregone conclusion.

Besides Nowak, the other “experts” whose opinions are canvassed by Frontal21 are the German lawyer Wolfgang Kaleck and a representative of the New York-based Center for Constitutional Rights (CCR). In 2006, Kaleck’s Berlin-based Union of Republican Lawyers (RAV) and the CCR jointly filed a “war crimes” complaint against Donald Rumsfeld in Germany. (On the German complaint, see my contemporaneous report here.)

The ZDF report repeatedly suggests, moreover, that waterboarding was one of the “harsh” interrogation methods approved by the Pentagon. For added dramatic effect, video images are shown of an apparent Gitmo detainee in an orange jumpsuit writhing as he undergoes the treatment. In fact, however, a request by Army interrogators to use waterboarding was expressly refused by Secretary of Defense Donald Rumsfeld. (See the relevant memorandum here.) The source of the “writhing detainee” footage is given as Current TV. It is nowhere indicated that the “writhing detainee” is in fact Current TV reporter Kaj Larsen and that the scene comes from a would-be “reenactment.”

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John Rosenthal’s writings on European politics and transatlantic relations have appeared in English, French, and German in such leading publications as Policy Review, Les Temps Modernes, and Merkur. He holds a PhD in philosophy and he taught political philosophy and classical German philosophy before turning to journalism. More of his work can be found at Transatlantic Intelligencer.

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28 Comments

1. WhyamInotsurprised?:

Now that Obama has apologized for the U.S. dictating to other countries, now wackjob Nowak deems to dictate to the American President. Well as an American, I don’t particularly have any respect for Nowak or the EU until they take responsibility for problems in their own backyard. Before you attack our President, why don’t you help defend the world’s oil supply from Islamo-fascism, have your own soldiers killed doing so, spend your own money, and suffer the headaches of tackling problems head-on instead of putting your heads in the sand. I’m sure you’ll be right at home freezing while Russia cuts your oil and gas supplies. But, oh, I forgot, appeasement is the European way! Halleleuia!! It has worked so marvelously in the past. Give it another go so you can feel self righteous, right into your graves. Talk is so cheap and you Mr. Nowak are a gutless wonder!

Jan 28, 2009 - 3:49 am 2. Craig:

UN ‘Expert’ Calls for…

Mr. Rosenthal, stop right there. Never use the term UN and expert together in the same sentence again. It’s a contradiction. An oxymoron…much like Jumbo Shrimp, Original Copy, Partial Cease Fire, Silent Alarm, and Authentic Reproduction.

Jan 28, 2009 - 4:20 am 3. Marie Claude:

uh, Germany made that ????

Jan 28, 2009 - 4:20 am 4. TomJW:

After UN officials are tried and convicted for the $23 billion Oil-for-Weapons scam with Saddam and the sex slavery for pre-teens nearly everywhere their troops set up, then they can come calling here, but who would be left at the UN?

Jan 28, 2009 - 4:28 am 5. 888:

Yeah, the Germans know all about torture. They did all kinds of freaky things to helpless, innocent millions before mass-murdering them.

And their new friend in the White House needs to remember that everyone knows he’s a sham and illegitimate in accordance with the United States Constitution. We’ll make sure he’s reminded of that the next 4 years.

Mr. O also needs to follow immigration law by deporting his illegal alien aunt who’s somewhere in Ohio using taxpayer’s money to live in ‘the projects’ and get welfare.

Jan 28, 2009 - 4:54 am 6. Will:

The UN expert should go play in the street. What an ingrate.

Jan 28, 2009 - 4:59 am 7. vb:

Follow John’s link to his article on Kurnaz, and keep this in mind he next time a German politician declines to take Guantanamo detainees by saying the US brought the Guantanamo situation upon itself. German TV, financed by mandatory payments from anyone with a TV or radio, had nothing to do with elevating Guantanamo to the level of human rights scandal. Right! What should we say about the enlightened theater director from Cologne who rushed his troop to Bagdad at the end of 2002 to show his solidarity with Saddam? Shaving a beard is bad, putting people in meat grinders is OK.

TomJW–I doubt that one-tenth of one percent of Germans have ever heard of oil for food. Nothing eminating from the UN ever reaches scandal level in Germany.

Jan 28, 2009 - 5:53 am 8. Vaughn:

Kick these clowns out NOW. Start over only with the top 15 nations. The rest are beggars, criminals and thieves anyway.

Jan 28, 2009 - 6:11 am 9. Grover:

I would suggest that Mr. Nowak go on a fact-finding trip to Gitmo before it gets closed by ‘The One’, but it would probably only give him more facts to twist. He should look in the (Germany) mirror first.

Jan 28, 2009 - 7:20 am 10. Jim Baker:

Vaughn,
Unfortunately, the top 15 would include the Germans and most of the EU. I say, just stop financing the UN and don’t provide them a meeting place in our country. Stupid concept anyway.

Jan 28, 2009 - 7:36 am 11. Nate:

It has failed in its purpose to prevent war. Disband it.

The only thing that can prevent war is an interventionalist hyperpower. (eg Rome) The only way the UN can function is if limited to nations with aligned national interests. No such block is currently conceivable and to be able to act in all cases would require the development of reliable ABM technology.

Jan 28, 2009 - 11:07 am 12. Hugh:

There needs to be a serious movement to get the UN out of our country. At the very least, the UN HQ should change countries every 10 years. That’s at the very least. I think the UN has failed miserably in Darfur and if the world can’t unite on how to end a genocide, then how could anyone take them seriously pertaining to other subjects like “torture”. It’s time for the UN to disband. We have NATO and if the world wants more, then start up a League of Democracies again. The UN is nothing more then a waste of the New York tax payers money.

Jan 28, 2009 - 11:16 am 13. MarkD:

We should offer to build the new UN Headquarters in Somalia, then quit the organization.

Best bailout ever.

Jan 28, 2009 - 12:07 pm 14. Lynn:

The UN refused to fund the investigative committee for another year. The Committee had 175 cases of corruption at the UN it was investigating and now, after the first of the year, no money has been alloted to continue. Mr. Nowak should be complaining about that embarrassment not about George Bush. Until the UN cleans up its act, including Durbin II, they have zero to say about anyone in the US.

Jan 28, 2009 - 1:23 pm 15. Marc Malone:

NO, we should put it in, say, the Gobi desert. If you are a UN delegate, you have to live there. All of a sudden, it won’t be such a plush assignment, and everyone will be clear on your actual status.

Jan 28, 2009 - 1:51 pm 16. Roderick Reilly:

I agree that making Gitmo detainees listen to Christina Aguilera incessantly is torture, but it could have been much worse: they could have been subjected to watching “The View.”

Jan 28, 2009 - 2:06 pm 17. David S:

I’m just glad somebody has the nuts to speak out. All our domestic pols have decided to roll over and play dead when it comes to holding B&Co accountable.

Peace.

DS

Jan 28, 2009 - 2:09 pm 18. Roderick Reilly:

So, let me see if I have this straight:

S. Africa can have “Truth and Reconciliation” commissions where people guilty of “necklacing” with burning tires and prison guards who beat political prisoners to death are forgiven, but the U.S., in defending itself against brutal savages, must be put on trial?

Jan 28, 2009 - 2:09 pm 19. Mike McConnell:

And further, they should be modeled on the famous UN torture trials of Robert Mugabe, Sadam Hussein,Idi Amin,the Castro boys and the House of Saud. What…..the UN hasn’t mentioned any of this??? Never mind then.

Jan 29, 2009 - 10:17 am 20. Dana:

Roderick Reilly: You just about have it surrounded.The US is not permitted by UN rules to defend itself. Nor are the Israelis.Everything else is fine though.

Jan 29, 2009 - 10:20 am 21. SGT Ted:

The UN is a criminal organisation that supports Islamic terrorists. It should be disbanded and the UN building torn down like the Berlin Wall.

Jan 29, 2009 - 12:54 pm 22. ReConUSMC:

You have noticed after 12 YRS. of innocent Africian people in 12 Killing Zones ……. millions being , murdered , raped , hacked arms and legs off and put into Slavery . The UN has Yet to use the word “”Genocide ” Clinton tried to get used there . they are stil debating its use ?
But they want use the words WAR ON TERRORISM .
THE UN IS IS ABOUT AS USELESS AS TITS ARE ON A BORE HOG !

Jan 29, 2009 - 3:20 pm 23. mamapajamas:

The UN Secretariat might make a nice condo project, but on the other hand, they’d probably never be able to get rid of the stench of corruption.

I’m with the “bulldoze it into the East River” gang.

Jan 30, 2009 - 3:57 pm 24. EdGi:

Lawfare and pych ops propaganda must be countered as you are doing, with facts and critical thinking of double standard UN corruption colaboration and the “experts” consistant complicity in the “humanitarion law” war crimes in which they themselves are participating. Keep at it and nail the bastards as the criminals they are.

Jan 31, 2009 - 10:46 am 25. Pat J:

Get the rope.

Jan 31, 2009 - 8:10 pm 26. RogerCfromSD:

Good luck with that, commies.

Anyone so much as touches our former President and they will draw back a stump.

How’s that for clearly articulating what will happen to the libs if they continue their childishness?

Jan 31, 2009 - 11:12 pm 27. David S:

@26. RogerCfromSD:

Perhaps we should just use a cruise missile instead?

Personally, I think hanging would be too good for these characters. I prefer a long and undignified imprisonment. Suicide watch 24/7.

Peace.

DS

Feb 1, 2009 - 7:05 pm 28. Dr. Mark:

As Miles Gloriousis stated in “Forum”…..”speedy trials and slow executions”. For the terrorists, course. The U.N. should simply be transported to the old U.S.S.R. where it belongs.

Feb 4, 2009 - 8:04 am

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