WHY VIOLATING INTERNATIONAL LAW IN A COVER-UP IS WORSE THAN VIOLATING IT IN THE FIRST PLACE.

Strictly speaking, there has been no coverup, in the strict sense of an attempt to obstruct justice by concealing material facts. Particularly in recent weeks, the most damaging information has come from official government disclosures.

Instead, Obama is acknowledging (and seems to be condemning) acts of torture performed by US government personnel, but declining to prosecute them. Right now, no historical parallel occurs to me.

Though IANAL, this situation would seem to open the door for a transfer of jurisdiction:

International Criminal Court - Wikipedia, the free encyclopedia

The court is designed to complement existing national judicial systems: it can exercise its jurisdiction only when national courts are unwilling or unable to investigate or prosecute such crimes.^[12][13]