The turning point

Dahlia Lithwick and Phillip Sands on Susan Crawford's interview with Bob Woodward:

But even these three consequences do not in themselves bring a turning point. Whatever her reasons for speaking now—the fact that she chose to do so with a journalist whose name resonates around the globe and is indelibly associated with presidential criminality—itself changes the terms of the debate. Whether torture occurred and who was responsible will no longer be issues behind which senior members of the administration and their lawyers and policymakers can hide. The only real issue now is: What happens next?

The answer to that question takes you to a very different place when the act is torture, as Crawford says it is. Under the 1984 Torture Convention, its 146 state parties (including the United States) are under an obligation to "ensure that all acts of torture are offences under its criminal law." These states must take any person alleged to have committed torture (or been complicit or participated in an act of torture) who is present in their territories into custody. The convention allows no exceptions, as Sen. Pinochet discovered in 1998. The state party to the Torture Convention must then submit the case to its competent authorities for prosecution or extradition for prosecution in another country.

Good thing for him that George Bush doesn't like to travel abroad.