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27 Jan 2009 03:10 pm
The Question Of International Law
Mark Kleiman asks: "Who's going to prosecute the torture cases?" He parries Posner:
Volokh Conspirator Eric Posner says that since the other parties to the Convention Against Torture are unlikely to do anything to enforce its provisions, Holder has full discretion to decline prosecution on political or policy grounds. But a duly ratified treaty is the law of the land, and Holder is sworn to uphold the law. Could he get away with not prosecuting, in the face of enough evidence to convict? Sure. But he'd be violating his oath of office.
And unlike under the Bush administration, that is no longer actively encouraged.
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