Congressional Inaction On CIA Abuses Could Implicate Congress

[Mrs. Sharon B. Hodge]

Congressional Inaction On CIA Abuses Could Implicate Congress


One reasons Members of Congress are hinting at inaction over CIA abuses is the larger problem: What did Members of Congress know, and when did they know it.





Contrary to assertions that there is a "distinction" between policy makers and those who execute the policy, the Nuremberg trials and Tokyo War Crimes trials do not make that distinction. Rather, policy makers were adjudicated with war crimes beecause they did not, as required, ensure compliance with the laws of war.

War crimes attach not only to primary actors, but to Memers of Congress who share -- in the US system of separation of powers -- policy making responsibility. The question is wheher the US Congerss hopes to use the economic crises as a smokescreen to their alleged subsequent plan to not fully meet their Geneva obligations.

Congerssional inction on these alleged Geneva violations is not the end of the story. As discussed on TPMM recently, the Conyers bill appears to be a whitewash. This doesn't mean the issue goes away, but does the opposite: Why is the US outsourcing its Geneva enforcement program? The question is whether the states' Attorney Generals, seeing inaction under the Obama DOJ, decide they need to prosecute US government officials in Congress, the Obama Adminstration, and US government agents.

The US, as a signatory to Geneva, is required to enforce the laws of war, and have a compliance program in place. The Congressional decision to whitewash war crimes, and not prosecute CIA abuses could signal to foreign powers that the US is unwilling to meet its legal obligations. Foreign powers would have the legal option to use military force to enforce the laws of war against US government officials.

The first problem was for the US government -- including Members of Congress -- to turn a blind eey to illegal policies; and do nothing about the Geneva violations. The second problem is the US pretending someone else will do something, with the (apparent) plan never to cooperate with outside legal action.

This US government and Members of Congress are not signaling, as they are required per their oath of office, that things have changed; nor are they showing they are serious about their Geneva obligations. Foerign powers could introduce these statements, the Conyers bill, and other subsequent cursory action as subsequent evidence of Member of Congress alleged complicity with Geneva violations.