Wednesday, April 18, 2012

CIA Committed 'War Crimes,' Bush Official Says | Wired.com

Is Zelikow trying to reframe his complicity? 
Pastedgraphic-1

"A top adviser to former Secretary of State Condoleezza Rice warned the Bush administration that its use of “cruel, inhuman or degrading” interrogation techniques like waterboarding were “a felony war crime.”

What’s more, newly obtained documents reveal that State Department counselor Philip Zelikow told the Bush team in 2006 that using the controversial interrogation techniques were “prohibited” under U.S. law — “even if there is a compelling state interest asserted to justify them.”

Zelikow argued that the Geneva conventions applied to al-Qaida — a position neither the Justice Department nor the White House shared at the time. That made waterboarding and the like a violation of the War Crimes statute and a “felony,” Zelikow tells Danger Room. Asked explicitly if he believed the use of those interrogation techniques were a war crime, Zelikow replied, “Yes.”

Zelikow first revealed the existence of his secret memo, dated Feb. 15, 2006, in an April 2009 blog post, shortly after the Obama administration disclosed many of its predecessor’s legal opinions blessing torture. He brieflydescribed it (.pdf) in a contentious Senate hearing shortly thereafter, revealing then that “I later heard the memo was not considered appropriate for further discussion and that copies of my memo should be collected and destroyed...”

"Zelikow has also written about terrorism and national security, including a set of Harvard case studies on "Policing Northern Ireland." In the November–December 1998 issue of Foreign Affairs, he co-authored an article Catastrophic Terrorism, with Ashton B. Carter, and John M. Deutch, in which they speculated that if the 1993 bombing of the World Trade Center had succeeded, "the resulting horror and chaos would have exceeded our ability to describe it. Such an act of catastrophic terrorism would be a watershed event in American history. It could involve loss of life and property unprecedented in peacetime and undermine America’s fundamental sense of security, as did the Soviet atomic bomb test in 1949. Like Pearl Harbor, the event would divide our past and future into a before and after. The United States might respond with draconian measures scaling back civil liberties, allowing wider surveillance of citizens, detention of suspects and use of deadly force. More violence could follow, either future terrorist attacks or U.S. counterattacks. Belatedly, Americans would judge their leaders negligent for not addressing terrorism more urgently..."