Bush Torture Charges Would Undermine U.S. Law
Those who want foreign torture charges against Bush should answer a tough question: Does universal jurisdiction override US legal protections?
Many of those who favor a foreign action against George W. Bush on torture charges make this argument:
The international Convention Against Torture empowers foreign governments to prosecute Americans if the US government fails to do so.
Question for those who think this way:
Suppose the US government omitted to prosecute an alleged torturer because that alleged torturer had not been read his Miranda rights. Would you still favor a foreign government prosecuting him?
If yes, then doesn't universal jurisdiction become a way to over-ride US constitutional protections?
Why can't we then refuse Miranda rights, grand jury proceedings, double jeopardy etc. to alleged torturers?
And if no - then you are agreeing that foreign governments should respect some US decisions. In which case you need a big theory to explain when the US government will be allowed to decide for itself whom it will prosecute, and when decisions of the US government can be over-ruled by Switzerland.
Frankly, I doubt in advance that the theory will look very convincing to anyone except those who are convinced from the start.