US officials – including Obama – have largely said that they wish to “move forward” and not “look back”. The problem is that the ICJ has confirmed the obligatory command of the CAT that prosecution must ensue.

For Obama this comes at an awkward time in the middle of a tough election campaign. So far, I have seen nothing in the US press where this question has been raised. My advice to other states is to hold off until after the campaign has ended so as to avoid making this an election issue. Afterwards, tho it seems that Belgium or any other party to the CAT (unless we want to wade into the waters of CIL) can request extradition and get the ball rolling.