International criticism of war on terror persists despite Obama’s assurances
Over the past week, international bodies such as the European Parliament and the UN Human Rights Committee have raised grave concerns over continuing U.S. lawlessness in its prosecution of the war on terror, and in particular the travesty of justice known as Guantanamo Bay.
In a resolution adopted last Thursday, the day of President Obama’s big speech attempting to reassure the American public and the international community about drones and Gitmo, the European Parliament noted concern for the well-being of the hunger striking prisoners at Guantanamo and especially those being force-fed. The EP expressed anxiety in particular over the mental and physical condition of the prisoners, “a number of whom have been subjected to torture or inhuman and degrading treatment.”
The European Parliament reiterated its call on the US authorities “to close the Guantánamo Bay detention camp immediately and prohibit the use of torture and ill-treatment in all circumstances” and called “for those inmates who have been cleared for release to be released, transferred to their home countries or other countries for resettlement, and for the remaining detainees to be charged in a civil court with fair trial standards.”
The body also criticized the military commissions that have been set up to try some Guantanamo detainees, as these commissions “do not meet international fair trial standards.”
It further pointed out that the continuing detention without charge or trial of these 166 men is contrary to basic principles of justice. Arbitrary detention “is in clear breach of international law and that this severely undermines the United States’ stance as an upholder of human rights,” noted the resolution.
As British journalist Andy Worthington explained,
As far as current action is concerned, involving European countries directly, the European Parliament resolution is noteworthy for its call for the coordination of “a joint EU Member States’ initiative” not only “to urge the US President to act” on revisiting his failed promise to close Guantánamo, but also to offer to “receive additional Guantánamo inmates on European soil, especially the approximately dozen men cleared for release who cannot return to their home countries.”
Testifying at the UN Human Rights Committee today, High Commissioner on Human Rights Navi Pillay warned that U.S. counter-terror policies are violating human rights and undermining international law. She criticized in particular Obama’s failure to close Guantanamo and admonished European nations for participating in the forced disappearance program dubbed “extraordinary rendition” by the United States.
“The United States’ failure to shut down the Guantanamo detention centre has been an example of the struggle against terrorism failing to uphold human rights, among them the right to a fair trial,” Pillay said.
The continuing indefinite detention of many of these individuals amounts to arbitrary detention, in breach of international law, and the injustice embodied in this detention centre has become an ideal recruitment tool for terrorists. I have repeatedly urged the Government of the United States of America to close Guantanamo Bay in compliance with its obligations under international human rights law. I therefore acknowledge President Obama’s statement last Thursday outlining practical steps towards closing the detention facility, such as the lifting of the moratorium on transferring relevant detainees to Yemen. I encourage the United States to ensure that all such measures are carried out in compliance with its obligations under international human rights law. In the meantime, so long as Guantanamo remains open, the authorities must make every effort to ensure full respect for the human rights of detainees, including those who choose to go on hunger strike.
I am dismayed by the continuing failure of many European States to undertake public and independent investigations of past involvement in the U.S. renditions programme, under which terrorist suspects were captured and delivered to interrogation centres without regard for due process. Some of them still languish in Guantanamo. Last September, the European Parliament denounced obstacles that have been encountered by a number of parliamentary and judicial inquiries into this topic. Credible and independent investigations are a vital first step towards accountability, and I call on States to make this a priority.
Last July, the OSCE Parliamentary Assembly – a 323-member organization comprising lawmakers from Europe, North America and Central Asia – also adopted a resolution condemning the Obama administration’s blocking of European investigations into extraordinary rendition.
Supporting the criminal investigation carried out by Polish authorities into the rendition program and welcoming attempts by British parliamentarians to ascertain the level of the United Kingdom’s involvement, the resolution “insists that the United States Government co-operates with European investigations” and “calls upon the United States to release any pertinent information to appropriate investigators.”
Needless to say, since then, the U.S. has not adequately dealt with the rendition question. A 213-page report published earlier this year by the Open Society Justice Initiative documented how the CIA conspired with dozens of governments around the world to build a secret extraordinary rendition and detention program that spanned the globe and that the United States has failed to conduct effective investigations into these policies.
To date, the U.S. and the vast majority of the other 54 governments involved have refused to acknowledge their participation, much less compensate the victims, or hold accountable those most responsible for the program and its abuses, the Open Society concluded.
In its report on the U.S. human rights situation released last week, Amnesty International criticized the lack of accountability for deaths that have occurred in secret detention by the United States.
“The absence of accountability for crimes under international law committed under the administration of President George W. Bush in relation to the CIA’s programme of secret detention was further entrenched,” lamented Amnesty, noting in particular the lack of investigations into the deaths of two men who were believed to be tortured to death in U.S. custody.
Further, Amnesty International expressed concern over the use of drone strikes by the U.S. which amount to a policy of “extrajudicial executions in violation of international human rights law.”