North America & Oceania

Dr. Henry T. King, Jr. – Nuremberg Prosecutor – Leaves Legal Legacy and Vision for Future

By Sarah Benczik
Impunity Watch Editor-in-Chief

New York, USA – Friends and colleagues today mourn the death of Dr. Henry T. King, Jr., who passed away on Saturday at the age of 89.

Dr. King perhaps is most famous for prosecuting Nazis alongside John H. Jackson during the Nuremberg Trials.  He was a recent graduate of Yale Law and only 25 years old when he was hired as the youngest Nuremberg Prosecutor.  He led the prosecution of Luftwaffe Field Marshall Erhard Milch, deputy head of the Luftwaffe under Hermann Goering, and interrogated many other significant Nuremberg defendants, including Albert Speer.

Dr. Henry King’s legal career reached far beyond his time spent prosecuting Nazis.  He went on to
work as corporate counsel for TRW Inc., eventually becoming chief corporate international counsel, and later served as counsel to the law firm Squire, Sanders and Dempsey.  He served as director of the Agency for International Development (USAID) during the Eisenhower Administration and as General Counsel of the U.S. Foreign Economic Aid Program.  During the 1980s, as Chairman of the Canada-United States Law Institute, Dr. King played an integral role in facilitating the North American Free Trade Agreement (NAFTA).  He was also actively engaged in the American Bar Association (ABA): he was chairman of the ABA Section on International Law and Practice, U.S. chairman of a joint working group, organized by the American, Canadian, and Mexican bar associations, on the settlement of international disputes, and joined the ABA’s special task force on war crimes in the former Yugoslavia.

Dr. King became a professor at Case Western Reserve University, where he taught International Business and International Arbitration.  As a scholar, he published more than 70 articles on international business transactions, international arbitration, and Nuremberg related topics.  He also authored a book – The Two Worlds of Albert Speer – based on his Nuremberg experiences.

In 1998, Dr. King, along with Whitney Harris and Ben Ferencz (also former Nuremberg Prosecutors), participated in the Rome diplomatic conference to create a permanent international criminal court (now known as the ICC).  The three prosecutors are credited with convincing fellow delegates to include the crime of aggression – along with crimes against humanity, genocide, and war crimes – within the jurisdiction of the ICC under the Rome Statute.  He was honored by the government of The Netherlands as an official guest of the government for the inauguration of the ICC in March 2003 at The Hague.

Dr. King’s work was fueled by a passion for international cooperation and law, and a vision of a better future.  In his own words through his Case Western University faculty web page, Professor King shared this vision:

“I’m involved in “action” programs in international law and in the teaching of international law because I believe that we live in an increasingly connected international world, which we can make much better and more secure.”

A colleague of Dr. King’s shared a similar anecdote: “At a luncheon session that I attended a few months ago in which Henry reflected on insights gained over the years, he told the standing-room crowd of students that ‘the most important thing is to find some way to leave your mark for the betterment of society and the world.’  Henry left his mark in a big way.”

Dr. King was named a Fellow honoris causa of the University of Pittsburgh School of Law Center for International Legal Education in 2002.  The University of Western Ontario awarded him an honorary degree of Doctor of Civil Laws.  In 2004, he was appointed Canada’s Honorary Consul General for Cleveland and Northeast Ohio.  He was also a Senior Advisor to the Robert Jackson Center at Jamestown, New York.

Dr. King’s legacy will no doubt continue on through future generations of international legal scholarship.  Impunity Watch shares Professor King’s vision of an interconnected world without legal impunity from the greatest crimes committed in history.   Dr. King served as the master of ceremonies for Impunity Watch’s official web-launch ceremony in October 2007, and we are grateful for and honored by his support for our organization over the years.  The Impunity Watch Executive Board and Staff offer our condolences to his family, and we will continue to honor his legacy by daily working to keep his vision for a better world alive.

Spanish Judge Opens Investigation of U.S. Involvement in Torture at Guantanamo

By Karla E General
Impunity Watch Reporter, North America

WASHINGTON, United States – Judge Baltasar Garzon, an investigating magistrate at the National Court in Madrid, said he would investigate allegations made by four detainees – Hamed Abderrahman Ahmed, Lahcen Ikassrien, Jamiel Abdul Latif al Banna and Omar Deghayes – who were held at Guantanamo Bay Detention Center during the Bush administration’s reign without charges. The investigation was sparked by torture complaints from the former detainees, who alleged that they had been sexually abused and beaten “under the authority of personnel from the U.S. Army.”

Garzon

In his ruling, Garzon said he will probe the “perpetrators, the instigators, the necessary collaborators and accomplices” to crimes of torture at the prison, at the U.S. naval base in Southern Cuba. Garzon also noted that recently-declassified CIA documents by the Obama Administration “have revealed what was previously a suspicion: the existence of an authorized and systematic program of torture and mistreatment of persons deprived of their freedom,” that defies international conventions.

Since 2005, Spain has assumed the principle of universal jurisdiction in cases of crimes against humanity, genocide, and terrorism. However, it is only authorized to proceed when the cases are not already subject to prosecution by the country involved.

Garzon is well-known for his use of international human rights laws to prosecute torturers from the Argentinian military dictatorships and his attempt to extradite Chilean dictator Augusto Pinochet from Britain on charges of torture and genocide.

Human Rights Groups Call for Torture Prosecutions of U.S. Officials

23 April 2009

Human Rights Groups Call for Torture Prosecutions of U.S. Officials

By Karla E General
Impunity Watch Reporter, North America

WASHINGTON, United States – A complete unclassified version of a report released by the U.S. Senate Intelligence Committee yesterday found that Condoleezza Rice and Dick Cheney gave explicit permission to use interrogation techniques such as waterboarding, a technique that Obama has recently classified as ‘torture.’ The report, titled “Inquiry into the Treatment of Detainees in U.S. Custody” can be found here.

The report reveals that Rice, as national security adviser at the time, gave permission to the CIA to use waterboarding techniques as early as July 2002, despite her testimony that says otherwise. Rice went on to become secretary of state. The extensive 232-page report is said to undercut the claim of then deputy defense secretary Paul Wolfowitz, that the abuse of prisoners in Iraq was the work of “a few bad apples.” The report notes: “The abuse of detainees in U.S. custody cannot simply be attributed to the actions of “a few bad apples” acting on their own. The fact is that senior officials in the United States government solicited information on how to use aggressive techniques, redefined the law to create the appearance of their legality, and authorized their use against detainees.” With the release of this once-classified information under the Obama administration, the door is open for possible prosecution of members of the Bush administration.

The revelations against Rice, Cheney, and others in the Bush administration come just one day after Attorney General Eric Holder publicly stated “We are going to follow the evidence, follow the law and take that where it leads. No one is above the law.” Human rights groups have demanded that Holder appoint a special prosecutor to investigate since Obama has noted it is ultimately up to Holder to decide whether to proceed with prosecutions of those in the Bush administration who provided legal justification for torture.

U.S. Sponsors Torture Training in Uganda

19 April 2009

U.S. Sponsors Torture Training in Uganda

By Karla E General
Impunity Watch Reporter, North America

WASHINGTON, United States – A recently-released Human Rights Watch (HRW) report titled “Open Secret: Illegal Detention and Torture by the Joint Anti-Terrorism Task Force in Uganda” details U.S.-sponsorship and involvement in providing torture training to Ugandan security agents. The most recent incident of U.S. involvement happened in December 2008, under the Bush Administration.

The HRW report notes the lack of initative from foreign partners to address the serious human rights violations occurring in Uganda. It also argues that “[t]he Ugandan government’s use of unlawful detention and torture against terrorism and treason suspects violates domestic and international human rights law. And its unwillingness to take action against those responsible, particularly JATT (the Joint Anti-Terrorism Task Force), is a dereliction of the government’s international legal obligations.”

In contravention to domestic law, the Leahy Amendment (a provision of U.S. appropriations legislation prohibiting U.S. military assistance to foreign military units that violate human rights with impunity), the U.S. provided $5 million in training to Uganda agents. Ugandan officials subsequently punched, whipped, caned, and used electric shock on hundreds of suspects. A HRW interview with Uganda’s chief of military intelligence, Brigadier James Mugira, confirmed that Ugandan agents received training from the U.S.

The HRW report concludes: “Given the oft-cited allegations of torture and illegal detention by JATT and CMI (the Chieftaincy of Military Intelligence in Uganda) by local and international human rights organizations, and by the Uganda Human Rights Commission, it is unclear how these individuals could have been eligible for U.S. funded training.”

Human Rights Watch is a major New York-based organization that documents human rights abuses around the world.
For more information, please see:

Black Star NewsU.S. Provided Torture Training to Uganda – Report – 19 April 2009

Human Rights Watch – Open Secret: Illegal Detention and Torture by the Joint Anti-Terrorism Task Force in Uganda – 8 April 2009

Human Rights Watch – Open Secret: Role of Uganda’s Foreign Partners in the Military and Security Sector – 8 April 2009

Obama Administration will not Prosecute C.I.A. Operatives that Conducted Controversial Interrogations of Terrorist Suspects

17 April 2009

Obama Administration will not Prosecute C.I.A. Operatives that Conducted Controversial Interrogations of Terrorist Suspects

By Maria E. Molina
Impunity Watch Reporter, North America

After the September 11th attacks, C.I.A. operatives were allowed to utilize heightened interrogation methods. Just yesterday President Obama officially announced that his administration would not prosecute C.I.A. operatives for carrying out these controversial interrogation techniques on terrorist suspects.

Also, the Justice Department began releasing a number of detailed memos detailing the harsh techniques used against Al Qaeda suspects in secret overseas prisons. The interrogation methods were closely guarded secrets by the Bush administration. Yesterday’s release will be the most comprehensive public accounting to date of the interrogation program that some Obama officials have said used illegal torture.

The documents are expected to include Justice Department memos from 2002 and 2005 authorizing the C.I.A. to employ a number of aggressive techniques. The Bush administration memos authorized keeping detainees naked, in painful standing positions, and in cold cells for long periods of time. Other techniques included depriving them of solid food and slapping them. Sleep deprivation, prolonged shackling and threats to a detainee’s family were also utilized.

Among the anticipated documents are detailed 2005 memos by Stephen G. Bradbury, who acted as head of the Justice Department’s Office of Legal Counsel and authorized the C.I.A. techniques. The documents gave legal support for using a combination of coercive techniques and concluded that the C.I.A.’s methods were not “cruel, inhuman or degrading” under international law.

Another document expected to be released this afternoon is a Justice Department memo written August 1, 2002. The memo, written by John C. Yoo and signed by Jay S. Bybee, two Justice Department officials at the time, is a legal authorization for a laundry list of proposed C.I.A. interrogation techniques.

For more information, please see:

MSNBC – CIA employees won’t be tried for waterboarding – 17 April 2009

The New York Times – Obama Releases Interrogation Memos, Says C.I.A. Operatives Won’t Be Prosecuted – 16 April 2009

The Washington Post – On Interrogation Policies, Another Delicate Compromise From Obama – 16 April 2009