"Gen. Barry McCaffrey noted, “We tortured people unmercifully. We probably murdered dozens of them during the course of that, both the armed forces and the CIA.” Maj. Gen. Antonio Taguba, who directed the Abu Ghraib investigation, wrote, “there is no longer any doubt as to whether the administration has committed war crimes. The only question that remains to be answered is whether those who ordered the use of torture will be held to account." ...The Obama administration’s refusal to bring the torturers to justice sends a clear message to future administrations — including the incoming one — that they can use torture with impunity. Moreover, if the United States does return to the bad old days of torture, “what kind of message would that be to the world?” asked Nils Melzer, UN special rapporteur on torture. “If the United States does it, those other countries will know they can get away with it. The last thing the world needs is a US president legitimizing this."

“What does torture have in common with genocide, slavery and wars of aggression? They are all “jus cogens.” That’s Latin for “higher law” or “compelling law.” This means that under international law, no country can ever pass a law that allows torture. There can be no immunity from criminal liability for violation of a “jus cogens” prohibition. The United States has always prohibited torture — in our Constitution, laws, executive orders, judicial decisions and treaties. When we ratify a treaty, it becomes part of US law under the Supremacy Clause of the Constitution. “No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification for torture,” the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which the US ratified, states unequivocally. Torture is considered a grave breach of the Geneva Conventions, also ratified by the United States. Geneva classifies grave breaches as war crimes. The US War Crimes Act and 18 USC, sections 818 and 3231, punish torture, willfully causing great suffering or serious injury to body or health, and inhuman, humiliating or degrading treatment. And the Torture Statute criminalizes the commission, attempt, or conspiracy to commit torture outside the United States.”

“It’s the power of the people, and people are in the streets—hundreds of thousands of people in the streets in US cities, and in cities around the world—in support of the Movement for Black Lives, and against police brutality... we can’t rely on the legal system, but it’s a tool that we have to use... my organization, the National Lawyers Guild, is front and center in the middle of legal defense for the protesters... to witness what the police are doing... they have been the target of police brutality and violence... there is an ACLU lawsuit... asking for an injunction against these federal agents targeting legal observers, and targeting journalists as well, because the last thing in the world that the Trump administration and his goons want are witnesses, are media that are witnessing what’s happening... there are lawsuits being filed in support of the real power, and that is the power of the people.”

“The ACLU represents Khaled El Masri, Suleiman Salim and Mohamed Ben Soud, who described the torture they suffered in Afghanistan between 2003 and 2008. “This decision vindicates the rule of law and gives hope to the thousands of victims seeking accountability when domestic courts and authorities have failed them,” the ACLU’s Dakwar said...The impunity that U.S. officials have enjoyed for their international crimes may finally be coming to an end... Responding to Pompeo’s threats... “No one except the world’s most brutal regimes win when the United States tries to impugn and sabotage international institutions established to hold human rights abusers accountable... Countries must fully cooperate with this investigation and not submit to any authoritarian tactics by the Trump administration to sabotage it,” Jamil Dakwar, director of the ACLU’s Human Rights Project, said.”

“WikiLeaks... published nearly 400,000 field reports about the Iraq War, which contained evidence of U.S. war crimes, over 15,000 previously unreported deaths of Iraqi civilians, and the systematic murder, torture, rape and abuse by the Iraqi army and authorities that were ignored by U.S. forces. In addition, WikiLeaks published the Guantánamo Files, 779 secret reports that revealed the U.S. government’s systematic violation of the Geneva Conventions and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, by abusing nearly 800 men and boys, ages 14 to 89.One of the most notorious releases by WikiLeaks was the 2007 “Collateral Murder” video, which showed a U.S. Army Apache helicopter target and fire on unarmed civilians in Baghdad. More than 12 civilians were killed, including two Reuters reporters and a man who came to rescue the wounded. Two children were injured. Then a U.S. Army tank drove over one of the bodies, severing it in half. Those acts constitute three separate war crimes prohibited by the Geneva Conventions and the U.S. Army Field Manual.”

“During the presidential campaign, Donald Trump declared he would “immediately” resume waterboarding and would “bring back a hell of a lot worse than waterboarding” because the United States is facing a “barbaric” enemy. He labeled waterboarding a “minor form” of interrogation. Waterboarding, which involves pouring water into the nose and mouth to make victims feel like they’re drowning, has long been considered torture, which is a war crime under US and international law. Indeed, the United States hung Japanese military leaders for waterboarding as a war crime after World War II.”

“If the U.S. government had prosecuted Bush administration officials for their war crimes during the “war on terror,” the ICC would not now take jurisdiction. But after Barack Obama  said, “Generally speaking, I’m more interested in looking forward than I am in looking backwards,” his administration refused to prosecute those implicated in the torture and willful killings of detainees during the Bush administration.”