U.N. Official Blasts Obama's Decision not to Prosecute CIA Operatives

According to Manfred Nowak, an Austrian who serves as a U.N. torture investigator, Obama's decision not to prosecute CiA operatives who used questionable interrogation practices violates international law.

"They are party to the convention and the convention is very, very clear," Nowak said.  "The fact that you carried out an order doesn't relieve you of your responsibility."  

What Nowak omitted, however, makes things less clear.  The Geneva convention, to which he was referring, specifically prohibits torture of soldiers in an army.  It does not refer to terrorists.  The distinction is an important one, from a legal standpoint, regardless of which side of the "to torture or not to torture" issue you fall on.

This is another instance in which I must give Obama credit.  He made the correct decision here.  If you prosecute people in an administration for matters of policy, particularly when that policy is deemed legal by lawyers within the administration, it would be a huge mistake. Any future administration official or anyone in government working under that official would be at risk for retroactive punishment in any future administration that did not like that policy.

While I disagree with most of what Obama stands for, he has shown the ability to make the right call on occasion.  This is one of those times.