President Bush should be arrested by gardaí when he lands on Irish soil if it emerges in the coming days that he had knowledge of the torture of prisoners in Iraq, according to a leading senior counsel.
Mr Fergal Kavanagh SC, who was defence counsel for a Rwandan government minister accused of war crimes in the UN War Crimes Tribunal, is one of 20 SCs who have signed a statement appealing to people to demonstrate their opposition to President Bush's policy in Iraq. The statement is also signed by 40 solicitors and 150 junior counsel.
Speaking at a press conference to launch the statement yesterday, Mr Kavanagh pointed out that Ireland had incorporated the UN Convention against Torture in the 2000 Criminal Justice (Convention Against Torture) Act. Section 3 of this Act incorporated Article 4 of the Convention, and referred to those of any nationality who had been complicit in, or had participated in, torture. They could be charged in Ireland and, if convicted, could be sentenced to life imprisonment.
"There are documents in the United States which apparently tell President Bush he could authorise acts in breach of the Geneva Convention," he said.
"Should a complaint be received by a member of the Garda Síochána steps must be taken to arrest the person responsible [for these acts] in this jurisdiction. Steps must be taken to ensure the perpetrators of torture, or those who conspired in torture, are arrested."
Asked if this included President Bush, if it emerged he had authorised any of the actions, he replied: "Yes." He added that a complaint could be made on behalf of a victim.
Mr Brendan Nix SC said: "In my opinion, the least that can be said is that President Bush is personally responsible for creating the circumstances and climate within which the horrific torture of Iraqi prisoners took place. Clearly President Bush holds Saddam Hussein personally responsible for the institutionalised brutality of his regime. I find the thought that President Bush will use Ireland to get re-elected very disturbing."
The statement referred to an earlier one, in March 2003, from over 70 lawyers, saying the proposed war in Iraq contravened international law, and criticising the Government's decision to allow the use of Shannon Airport.
It continued: "The abuse of Iraqi prisoners appears to be consistent with the rejection of the rule of law by President Bush in directing the invasion of Iraq. His war policies are likely to intensify and multiply terrorist actions.
"The Irish Government's invitation to President Bush to visit Ireland will be used to assist in his re-election. That would be a disaster for the US and for the international community. If that visit must proceed, we request that Irish people use all peaceful and lawful means to demonstrate their friendship to the people of the US and their opposition to the war policies of the Bush administration."
It also called on the Taoiseach to publicly state that the war against Iraq was unlawful, and a recipe for escalating violence.