JURIST Contributing Editor Marjorie Cohn of Thomas Jefferson School of Law says that all instances of torture must be investigated as violations of US and international law and a failure to do so will allow impunity for those who authorized these actions…
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President Barack Obama declared “nobody’s above the law” in 2009, as Congress contemplated an investigation of torture authorized by the Bush administration. However, Obama has failed to honor those words. His Justice Department proclaimed its intention to grant a free pass to Bush officials and their lawyers who constructed a regime of torture and abuse. US Attorney General Eric Holder announced last week that his office will investigate only two instances of detainee mistreatment. He said the department “has determined that an expanded criminal investigation of the remaining matters is not warranted.” Holder has granted impunity to those who authorized, provided legal cover, and carried out the “remaining matters.”
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