Scott Horton has an interesting article in The New Republic about the likelihood that Bush administration figures will face indictment abroad for war crimes and thus, as Larry Wilkerson put it, “Haynes, Feith, Yoo, Bybee, Gonzales and–at the apex–Addington, should never travel outside the U.S., except perhaps to Saudi Arabia and Israel.” Horton writes:
Is it likely that prosecutions will be brought overseas? Yes. It is reasonably likely. Sands’s book contains an interview with an investigating magistrate in a European nation, which he describes as a NATO nation with a solidly pro-American orientation which supported U.S. engagement in Iraq with its own soldiers. The magistrate makes clear that he is already assembling a case, and is focused on American policymakers. I read these remarks and they seemed very familiar to me. In the past two years, I have spoken with two investigating magistrates in two different European nations, both pro-Iraq war NATO allies. Both were assembling war crimes charges against a small group of Bush administration officials. “You can rest assured that no charges will be brought before January 20, 2009,” one told me. And after that? “It depends. We don’t expect extradition. But if one of the targets lands on our territory or on the territory of one of our cooperating jurisdictions, then we’ll be prepared to act.”
Doesn’t it seem overwhelmingly likely that the anonymous magistrate here is Baltasar Garzón of Spain, the king of universal jurisdiction?