The publishing of the Senate Intelligence Committee’s report on torture practices by the Central Intelligence Agency (CIA) has raised the issue of whether agency employees who participated in or ordered the mistreatment could wind up being prosecuted for their actions overseas.
President Barack Obama has made it clear that he wants no part of a criminal case that would haul CIA officials before a federal judge and jury to punish those responsible for the waterboarding and other gruesome activities documented in the Senate report.
But these individuals could, in theory at least, be brought to justice under international law if they traveled to Europe and were arrested. Such prosecution could be performed by the International Criminal Court, The New York Times reported.
But that kind of case has political implications for European leaders, who would run the risk of straining relations…
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