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

Report

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

16 Human Rights Committee, General Comment no. 31 (2004), para. 15. See also General Comments no. 7 (1982) and 20 (1992). UNCAT, articles 12 and 13.

17 General Comment no. 31 para. 18.

18 Human Rights Committee, General Comment no. 20 (1992), para. 13. UNCAT, articles 1 and 4. Committee against Torture, General Comment no. 2 (2008), para. 26.

19 General Comment no. 31 para. 18.

20 UNCAT article 4.

21 UNCAT articles 5-7.

22 UNCAT article 2; Committee against Torture, General Comment no. 2 (2008), para. 5.

23 See Geneva Convention III, articles 129-131 and IV, articles 146-248; ICRC Study on Customary International Humanitarian Law (2005).

24 The sections cited here are most relevant to accountability, but other sections of these enactments also need urgently to be repealed -- for instance regarding trial by military commission rather than in the ordinary federal courts, and purporting to limit or eliminate habeas corpus rights of detainees.

25Added in 2000 by section 308 of the Intelligence Authorization Act for Fiscal Year 2001.

26 See e.g. UNCAT article 13.

27 See e.g. UNCAT article 4.

28 See e.g. UNCAT articles 5-7, 9.

29 Article 27, Vienna Convention on the Law of Treaties ("A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty"). The USA signed the Vienna Convention in 1970, thereby binding itself not to do anything to undermine the object and purpose of the treaty. The USA considers many of the Vienna Convention's provisions to constitute customary international law on the law of treaties (see http://www.state.gov/s/l/treaty/faqs/70139.htm).

30 On this and the following paragraphs, see UN General Assembly, "Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law", Resolution A/RES/60/147 (21 March 2006); ICCPR, article 2(3); Human Rights Committee, General Comment no. 31 (2004), paras. 15 & 16; UNCAT, article 14; Committee against Torture, Dzemajl v Yugoslavia (161/2000), 21 Nov. 2002, para. 9.6.