I believe international law matters. When I read the Yoo torture memos, the arguments underpinning Guantanamo Bay, the white-wash of superior officers and civilian authority over Abu Ghraib, the dissenting reactionary opinions on the seminal Supreme Court decisions in Hamdan, Hamdi, Boumediene, etc. - I was struck by how similar the Neocon (for want of a better categorisation) arguments were to the discussion that took place in Europe, particularly Germany, around WW I: At the time, legal positivists argued that there was no international law; that the constitution was supreme and could not be limited by international law; that the constitution was whatever the words said - change the words, change the constitution.
These academics were not Nazis; but when the Nazis came along and changed the constitution to deprive Jews - German citizens, decorated WW I veterans, internationally renowned authors, academics, artists and musicians - of their dignity, their citizenship, their property, their liberty, and then their lives, these academics said: It's legal.
This is the danger. This is why I care. This is why it's important.
Read More