Investigation, Prosecution, Remedy: Accountability For Human Rights Violations In The War On Terror


Investigation, Prosecution, Remedy: Accountability For Human Rights Violations In The War On Terror

4 UN Human Rights Council, res. 9/11 'Right to the truth', A/HRC/RES/9/11, 24 September 2008, para. 1 and preamble; see also Human Rights Commission, res. 2005/66 'Right to the truth', E/EN.4/RES/2005/66, 20 April 2005HuH.

5 UN Doc.: E/CN.4/2005/102/Add.1, 8 February 2005, Updated set of principles for the protection and promotion of human rights through action to combat impunity. Preamble.

6 What is transitional justice? see

7 See, generally, USA: Human dignity denied: Torture and accountability in the 'war on terror', October 2004,

8 Radio Interview with Secretary Rumsfeld on the Eileen Byrne Show, WLS Chicago, 7 July 2006, http://www.defense....

9 Physicians for Human Rights, Broken Laws, Broken Lives: Medical Evidence of Torture by US personnel and its impact, June 2008, available at

10 Remarks prepared for delivery by Attorney General Michael B. Muksasey at the 2008 Annual Meeting of the Federalist Society, Washington, DC, 20 November 2008.

11 Jack Goldsmith, No new torture probes. Washington Post, 26 November 2008.

12 Indeed, a question that prospective US citizens face in their naturalization exam, under the heading "Principles of American Democracy", is "What is the rule of law?" The answers provided by the US Department of Homeland Security's Citizenship and Immigration Services are: "Everyone must obey the law. Leaders must obey the law. Government must obey the law. No one is above the law." Question 12, Civics (History and Government) Questions for the Redesigned (New) Naturalization Test, revised August 2008, US Citizenship and Immigration Services,

13 For example, see Obama, McCain begin four-month courtship of Hispanic voters, Boston Globe, 29 July 2008.

14 President Bush holds press conference following the G8 Summit, Savannah, Georgia, 10 June 2004,

15 See, for example, Articles 7 and 10.1, International Covenant on Civil and Political Rights; and Article 3 common to the four Geneva Conventions of 1949.