tag:blogger.com,1999:blog-8304928500646903522.post1340329721439928939..comments2024-03-18T15:45:32.866-04:00Comments on bensozia: Obama ReiteratesJohnhttp://www.blogger.com/profile/01037215533094998996noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-8304928500646903522.post-90288574919568596962011-11-15T20:28:43.095-05:002011-11-15T20:28:43.095-05:00Yes, the authorities have discretion, as long as t...Yes, the authorities have discretion, as long as they don't use it in discriminatory ways.<br /><br />The terms of the UN Convention on Torture, though, to which we are signatories, absolutely require that all torturers either be prosecuted by their own country or, if that is not possible, handed over to the International Criminal Court.<br /><br />As to whether prosecution would be a good idea, I also have my doubts. But I am certain that if we prosecute nobody this time, we will torture again.Johnhttps://www.blogger.com/profile/01037215533094998996noreply@blogger.comtag:blogger.com,1999:blog-8304928500646903522.post-88385259584243806332011-11-15T14:24:37.849-05:002011-11-15T14:24:37.849-05:00I'm skeptical that the illegality of torture a...I'm skeptical that the illegality of torture actually does require him to arrest and prosecute. My impression is that the legal authorities retain discretion on whether to prosecute any crime, especially if they think it's unlikely that they would get a conviction. I suspect that, with various problems of jurisdiction, legal immunity, etc., it would in fact be difficult to convict. For that matter, I'm not sure we want to go down the road of strict legalism in this country (how about we start by revoking the Louisiana Purchase, not to mention the Declaration of Independence itself).Davidhttps://www.blogger.com/profile/08993570411881726772noreply@blogger.com