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Former President George Bush’s confirmation that he authorized the use of “enhanced interrogation techniques” against detainees held in secret US custody serves to highlight the absence of accountability for the crimes under international law of torture and enforced disappearance committed by the US during the "war on terror."

In his memoirs and in an interview on NBC News broadcast on 8 November 2010, the former President confirmed his personal involvement in the interrogation techniques used in the CIA program when he said that he had authorized the use of “waterboarding” and other “enhanced interrogation techniques” against so-called “high-value detainees”.

Waterboarding, in which the perception of drowning is induced in the detainee, is torture – as both the current President and the US Attorney General have acknowledged. Torture is a crime under international law. Under international law, anyone involved in torture must be brought to justice. This obligation does not end with a change in government.

Under international law, the former President’s admission to having authorized acts that amount to torture are enough to trigger US obligations to investigate his admissions and if substantiated, to prosecute him. Failure to investigate and prosecute in circumstances where the requisite criteria are met is itself a violation of international law.