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Thursday, June 10, 2004

An American in The Hague?
Jonathan D. Tepperman, a senior editor at Foreign Affairs magazine, has written a fascinating op-ed piece in the June 10 New York Times, in which he explores the possibility that senior Bush Admiminstration officials could face charges in the Hague for torture at Abu Ghraib prison. Under the doctrine of command responsibility (developed by the U.S. and allies at Nuremberg), high level officials can be held accountable for war crimes committed by subordinates.

The op-ed cites the the fact that American courts have already accepted this doctrine. In July 2002 a federal court in Miami found two Salvadoran generals liable for torture. The acclaimed documentary JUSTICE AND THE GENERALS covers this and another, similar case, and documents the the groundbreaking legal work that enabled cases like these to be recognized by U.S. courts.

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