SMRs and AMRs

Friday, March 07, 2014

Those laws are great for you, not for us

U.S. Seems Unlikely to Accept That Rights Treaty Applies to Its Actions Abroad

By CHARLIE SAVAGE, NYT
MARCH 6, 2014

WASHINGTON — In 1995, Conrad Harper, the Clinton administration’s top State Department lawyer, appeared before a United Nations panel in Geneva to discuss American compliance with a global Bill of Rights-style treaty the Senate had recently ratified, and he was asked a pointed question: Did the United States believe it applied outside its borders?

Mr. Harper returned two days later and delivered an answer: American officials, he said, had no obligations under the rights accord when operating abroad. The Bush administration would amplify that claim after the Sept. 11 attacks — and extend it to another United Nations convention that bans the use of torture — to justify its treatment of terrorism suspects in overseas prisons operated by the military and the C.I.A.

The United Nations panel in Geneva that monitors compliance with the rights treaty disagrees with the American interpretation, and human rights advocates have urged the United States to reverse its position when it sends a delegation to answer the panel’s questions next week. But the Obama administration is unlikely to do that, according to interviews, rejecting a strong push by two high-ranking State Department officials from President Obama’s first term.

Caitlin Hayden, a National Security Council spokeswoman, declined to discuss deliberations but defended the existing interpretation of the accord as applying only within American borders. Called the International Covenant on Civil and Political Rights, it bars such things as unfair trials, arbitrary killings and the imprisonment of people without judicial review.

(More here.)

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