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94 national lawyers guild reviewdrugs and controlled substances or illegal immigration could affect the number ofpersons arrested, convicted, and sentenced, thereby potentially reducing demandfor correctional facilities to house them.”).173. Jessica Metoui, Returning to the Circle: The Reemergence of Traditional DisputeResolution in Native American Communities, 2007 J. Disp. Resol. 517, 526(2007).174. Id. at 527.175. Id.at 527.176. See supra text accompanying note 66.Subscribe toNational Lawers Guild ReviewFree to NLG members. Membership information atwww.nlg.org or at address below.1 Year (4 issues) Non-member Lawyer,Law Office or Business . . . . . . . . . . . . . . $55.001 Year (4 issues) Non-member Student orLegal Worker . . . . . . . . . . . . . . . . . . . . . . $30.001 Year (4 issues) Jailhouse Lawyer/IncarceratedPerson . . . . . . . . . . . . . . . . . . . . . . . . . . $10.00(Outside the U. S., add $5.00/year to above rates.)name________________________________________________________________________address_________________________________________________________________city____________________________________state__________zip________________E-mail__________________________________________________________________Please send with check or money order to: NLG Review,132 Nassau Street, Suite 922, New York, NY 10038.Email: communications@nlg.org
Alan ClarkeU.S. War Crimes: Tortureas Official BushAdministration PolicyIntroduction: Torture as a U.S. war crimeAmericans accept that the United States tortured people in its war againstterror and has sent others to places doing worse. 1 Moreover, the United Statesadmits to waterboarding suspects, 2 and a “majority of Americans considerwaterboarding a form of torture.” 3 Former Bush administration officialsstoutly deny using torture and claim that everything done by the administrationhas been lawful. Notwithstanding these denials, robust evidence pointsto an intentional policy reinstituting torture as an interrogation technique.The United States has both directly tortured people on administration ordersand sent people to countries where grotesquely medieval torture is routinelyinflicted. The orders for torture came from the President and other high-levelofficials, including the Vice President and members of the Cabinet. Theseare war crimes, illegal as well as immoral. This paper reviews this country’sinstitution of torture as official policy during the Bush administration anddiscusses the consequences.The issue is a hot one, prompting domestic 4 and international 5 astonishmentat the claimed lawfulness of such practices. Manfred Nowak, who isboth a law professor and the UN Special Rapporteur on Torture, said, “I’mnot willing any more to discuss these questions with the US government,when they say this [waterboarding] is allowed. It’s not allowed.” 6Prior to the current Bush administration, American courts and othertribunals consistently branded waterboarding “torture.” 7 The United Statesprosecuted members of the Japanese armed forces after World War II, inpart because they used waterboarding as a form of torture. 8 Moreover, itsown courts have called waterboarding torture when used by domestic lawenforcement. 9 The United States even court-martialed at least one of its ownmilitary officers for employing waterboarding during the occupation of thePhilippines at the beginning of the twentieth century. 10_____________________Alan W. Clark is Professor of Integrated Studies at UtahValley University. This articleis an updated and shortened version a longer piece called Creating a Torture Culturein 32 Suffolk Transnational Law Review 1 (2008) and was also published inthe Proceedings of the 11th Annual Conference by the Faculty at UtahValley University (2009).
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