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Profile: Kenneth Roth

Positions that Kenneth Roth has held:

  • Director of Human Rights Watch

Related Entities:

Quotes

Early May 2004

“This is another way of saying a disappearance. A ghost detainee is someone for whom there is no public accountability. That is by far the most dangerous condition to be in because there is no external restraint on the detainee’s torture or murder.” [Washington Post, 5/8/2004]

Associated Events

May 13, 2004

“The Abu Ghraib outrages are not simply the product of a small group of sick and misguided soldiers. They are the predictable result of the Bush administration’s policy of permitting ‘stress and duress’ interrogation techniques. The sexual abuse of prisoners, despicable as it is, is a logical consequence of a system put in place after Sept. 11, 2001, to ratchet up the pain, discomfort and humiliation of prisoners under interrogation.” [Washington Post, 5/13/2004]

Associated Events

June 7, 2004

“If anyone still thinks the abuses at Abu Ghraib were only dreamed up by a handful of privates and sergeants, this memo should put that myth to rest.” [Human Rights Watch, 6/7/2004]

Associated Events

Kenneth Roth was a participant or observer in the following events:

Two weeks after Justice Department lawyers John Yoo and Robert Delahunty write a memo saying that the US should not be bound by international laws covering warfare and torture (see January 9, 2002), White House counsel Alberto Gonzales concurs (see January 25, 2002), saying: “In my judgment, this new paradigm renders obsolete Geneva’s strict limitations on questioning of enemy prisoners and renders quaint some of its provisions.” [Mother Jones, 1/9/2002] But others inside and outside the administration strongly disagree. Many will later point to Yoo and Delahunty’s memo as providing the “spark” for the torture and prisoner abuses reported from Iraq’s Abu Ghraib prison (see Evening November 7, 2003), Guantanamo Bay (see December 28, 2001), and other clandestine prisoner detention centers (see March 2, 2007). Human Rights Watch director Kenneth Roth will call the memo a “maliciously ideological or deceptive” document that ignores US obligations under multiple international agreements. “You can’t pick or choose what laws you’re going to follow,” Roth will observe. “These political lawyers set the nation on a course that permitted the abusive interrogation techniques” disclosed in later months. Scott Horton, president of the International League for Human Rights, agrees. When you read the memo, Horton says, “the first thing that comes to mind is that this is not a lofty statement of policy on behalf of the United States. You get the impression very quickly that it is some very clever criminal defense lawyers trying to figure out how to weave and bob around the law and avoid its applications.” Two days later, the State Department, whose lawyers are “horrified” by the Yoo memo, vehemently disagrees with its position (see January 11, 2002). Three weeks later, State again criticizes the memo (see February 2, 2002). State senior counsel William Howard Taft IV points out that the US depends itself on the even observations of international law, and that following Yoo’s recommendations may undermine attempts to prosecute detainees under that same body of law. Secretary of State Colin Powell “hit[s] the roof” when he reads Gonzales’s response to the Yoo memo, warning that adopting such a legal practice “will reverse over a century of US policy and practice” and have “a high cost in terms of negative international reaction” (see January 26, 2002). The Bush administration will give in a bit to Powell’s position, announcing that it will allow Geneva to apply to the Afghan war—but not to Taliban and al-Qaeda prisoners. State Department lawyers call it a “hollow” victory for Powell, leaving the administration’s position essentially unchanged. [Newsweek, 5/21/2004; Newsweek, 5/24/2004]

Entity Tags: Robert J. Delahunty, Human Rights Watch, Colin Powell, Alberto R. Gonzales, International League for Human Rights, John C. Yoo, Kenneth Roth, William Howard Taft IV, Scott Horton, US Department of State

Timeline Tags: Torture of US Captives, Civil Liberties

The Bush administration formally withdraws the United States from the International Criminal Court (ICC). In a letter to Secretary-General of the UN Kofi Annan, US Undersecretary of State for Arms Control John Bolton writes: “This is to inform you, in connection with the Rome Statute of the International Criminal Court adopted on July 17, 1998, that the United States does not intend to become a party to the treaty. Accordingly, the United States has no legal obligations arising from its signature on December 31, 2000. The United States requests that its intention not to become a party, as expressed in this letter, be reflected in the depositary’s status lists relating to this treaty.” Defense Secretary Donald Rumsfeld says, “The United States will regard as illegitimate any attempt by the court or state parties to the treaty to assert the ICC’s jurisdiction over American citizens.” The ICC dates back to the 1969 Vienna Convention on the Law of Treaties, and serves as the world’s first and most influential war crimes tribunal. The US did not become a signatory until former President Bill Clinton’s last day in office. [US Department of State, 5/6/2002; New York Times, 5/7/2002; American Forces Press Service, 5/7/2002; Carter, 2004, pp. 278; Organizations Coalition for the International Criminal Court, 1/2/2006] Bolton’s letter serves to both withdraw the US from the Rome Statute, which established the ICC, and relieves the US of its obligations under the 1969 Vienna Convention on the Law of Treaties. That agreement prohibits the signatories of international treaties from taking steps to undermine the treaties they sign, even if they have not ratified them. [New York Times, 5/7/2002]
US Will Not be 'Second-Guessed' - The Bush administration defends its action, contending that the treaty infringes on US sovereignty because, under its provisions, an international prosecutor answerable to no one could initiate politically motivated or frivolous suits against US troops, military officers or officials. [New York Times, 5/7/2002; BBC, 7/13/2002] “We do not want anything to do it,” an administration spokesman has said. The ICC is “unaccountable to the American people,” and “has no obligation to respect the constitutional rights of our citizens,” Rumsfeld says. Secretary of State Colin Powell says the ICC undermines US judicial sovereignty and the US could not be held accountable to a higher authority that might try “to second-guess the United States after we have tried somebody.… We are the leader in the world with respect to bringing people to justice.… We have supported a tribunal for Yugoslavia, the tribunal for Rwanda, we’re trying to get the tribunal for Sierra Leone set up.… We have the highest standards of accountability of any nation on the face of the Earth.” [American Forces Press Service, 5/7/2002; Carter, 2004, pp. 278]
'On the Wrong Side of History' - Others do not share the administration’s rationale. Amnesty International’s Alex Arriaga says: “It’s outrageous. The US should be championing justice. It shouldn’t be running it down.” Judge Richard Goldstone, the first chief ICC prosecutor at the war crimes trials surrounding the former Yugoslavia, adds, “The US have really isolated themselves and are putting themselves into bed with the likes of China, Yemen, and other undemocratic countries.” Kenneth Roth of Human Rights Watch says: “The administration is putting itself on the wrong side of history. Unsigning the treaty will not stop the court. It will only throw the United States into opposition against the most important new institution for enforcing human rights in fifty years. The timing… couldn’t be worse for Washington. It puts the Bush administration in the awkward position of seeking law-enforcement cooperation in tracking down terrorist suspects while opposing an historic new law-enforcement institution for comparably serious crimes.” [Carter, 2004, pp. 278]

Entity Tags: Richard Goldstone, John R. Bolton, Donald Rumsfeld, Colin Powell, Alex Arriaga, Bush administration (43), Clinton administration, Kofi Annan, Kenneth Roth

Timeline Tags: US International Relations

Alberto Mora, the Navy’s general counsel, learns to his dismay that the torturing and abuse of prisoners at Guantanamo Bay is continuing (see December 17-18, 2002), even after a meeting with the Pentagon’s chief counsel, William J. Haynes. Mora had hoped that Haynes would put a stop to the extreme techniques being used (see December 20, 2002). Mora has read an article in the Washington Post detailing allegations of CIA mistreatment of prisoners at Bagram Air Force Base in Afghanistan; the story notes that the director of Human Rights Watch, Kenneth Roth, believes that US officials who knew about such treatment could be charged with crimes under the doctrine of command responsibility. [Washington Post, 12/26/2002; New Yorker, 2/27/2006] The specific allegations detailed in the story closely parallel what Mora knows were authorized at Guantanamo Bay. Mora continues to argue against the intense interrogation techniques, and his arguments quickly reach the ears of top Pentagon officials such as Deputy Defense Secretary Paul Wolfowitz; Captain Jane Dalton, the legal adviser to the Joint Chiefs of Staff; Pentagon spokeswoman Victoria Clarke; and Defense Secretary Donald Rumsfeld, who had authorized harsh interrogation techniques at Guantanamo a month before (see December 2, 2002). [New Yorker, 2/27/2006]

Entity Tags: Victoria (“Torie”) Clarke, Kenneth Roth, Alberto Mora, Paul Wolfowitz, Central Intelligence Agency, Jane Dalton, Donald Rumsfeld, William J. Haynes

Timeline Tags: Torture of US Captives, Civil Liberties

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