The Washington Post recently reported that there now exists a secret overseas network of CIA-run prisons - called "black sites." According to the Post, "several former and current intelligence officials and other U.S. government officials" claim the network was created in order to avoid U.S. laws that prohibit such detentions. But the law, it turns out, cannot be so easily avoided.
Indeed, such a detention system may violate both domestic and international laws. For this reason, it raises questions of legal liability, and accountability, not just for those who maintain these facilities, but also for those who ordered or sanctioned their creation. ....
U.S. officials may incur liability for grave violations of international law under the 1996 War Crimes Act, and Geneva and the Nuremberg Charter exclude any form of immunity for war crimes. Obedience to orders is no defense to such charges, though it may mitigate the severity of punishment. Geneva Common Article 1 imposes the positive duty to respect and ensure respect for the Geneva Conventions in all circumstances on all parties.
Additionally, the doctrine of command responsibility requires that where a commander knows, or should have known, that his troops are committing war crimes and fails to prevent them, he is liable for their actions.
According to Newsweek, President Bush signed a secret order authorizing the CIA to set up the black sites.
In conclusion, the CIA Gulag of detention camps spread around the globe violates numerous provisions of both domestic and international law. And the legal liability for these camps falls not just on CIA operatives, but on those Administration officials who have authorized or sanctioned these practices.