USA: Double standards or international standards? Crucial decision on 9/11 trial forum "weeks" away

Report
April 28, 2010

USA: Double standards or international standards? Crucial decision on 9/11 trial forum "weeks" away

14 See USA: President Obama defends Guantánamo closure, but endorses ‘war’ paradigm and indefinite preventive detention, 22 May 2009, http://www.amnesty.org/en/library/info/AMR51/072/2009/en

15 Indeed, not even provisions of the internal law of a state may be invoked as justification for its failure to perform a treaty: UN Human Rights Committee, General Comment No 31: The Nature of the General Legal Obligation Imposed on States Parties to the Covenant, UN Doc CCPR/C/21/Rev.1/Add.13, 26 May 2004, para. 4; 1969 Vienna Convention on the Law of Treaties, article 27; Articles 3 and 32 of the Articles on Responsibility of States for internationally Wrongful Acts, UNGA resolution 56/83 of 12 December 2001.

16 See, for example, USA: Presidential order on military tribunals threatens fundamental principles of justice, 15 November 2001, http://www.amnesty.org/en/library/info/AMR51/165/2001/en, and USA: Justice delayed and justice denied? Trials under the Military Commissions Act, March 2007, http://www.amnesty.org/en/library/info/AMR51/044/2007/en

17 See Trials in error: Third go at misconceived military commission experiment, July 2009, http://www.amnesty.org/en/library/info/AMR51/083/2009/en.

18 Remarks to the press on the release of the 2009 Country Reports on Human Rights Practices, 11 March 2010, http://www.state.gov/secretary/rm/2010/03/138241.htm.

19 Re: Application of United States obligations under Article 16 of the Convention Against Torture to certain techniques that may be used in the interrogation of high value al Qaeda detainees. Memorandum for John A. Rizzo, Senior Deputy General Counsel, Central Intelligence Agency, from Steven G. Bradbury, Principal Deputy Assistant Attorney General, Office of Legal Counsel, US Department of Justice, 30 May 2005.