GOP Trap: Clarifying Acceptable Modes of Torture
Fri Sep 15, 2006 at 03:10:01 PM PDT
As BushCo spins Common Article III and pundits and others debate "what if" scenarios of US paramilitary troops being captured in Iran, I am left with a cold feeling that we are being lead into an ambush.
President Bush today insisted that all he wants to do is "clarify" Common Article III of the Geneva Convention. Bush insisted vehemently that it was too "vague". He insisted that "yound CIA" officers won't break the law and they need to know exactly what they cannot do. Re-read the last sentence because it is very important, nay critical to this debate.
Common Article III says the following:
In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:
1. Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed ' hors de combat ' by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.
To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:
(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(b) taking of hostages;
(c) outrages upon personal dignity, in particular humiliating and degrading treatment;
(d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.
2. The wounded and sick shall be collected and cared for.
An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.
The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.
The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.
Now I am not sure why this section needs "clarification" or "definition" in Bush's mind, but let's just say for the sake of argument we were tasked to define what is considered torture and what is considered "not so bad".
What would you do first? We would have to start a list of forms of torture, "almost toture", "sorta torture", and "icky things" that might be considered torture. Then in hopes that we had thought of every single possible form of torture ever devised we would set to allocating them to the categories. In Bush's world I suspect that a number of torture techniques would fall into "icky things" we believe aren't so bad like water boarding. Those "icky things" and lite versions of "sorta torture" and "almost torture" would make up our list of acceptable forms of torture, but we would make sure to call them "procedures" as Bush so carefully did last week.
Next we would take the rest of our list that fell into "torture" and we would put them on the list of things we are absolutely forbidden to do. Further, we would name, define and describe the torture techniques on this list down to the tinest detail. This list would be very specific. This list of torture techniques would be difficult for people like me because it would be so graphic that it would likely feel like I was experiencing the torture myself just by reading it. Many Americans would review this list and feel "good" that we were not doing these horrifying things and that George Bush does afterall know the difference between right and wrong.
My other list of "not really torture" techniques that would be allowed would not be so graphic, defined or specific. It would feel reasonable if you read it and in your head you believed the President's rhetoric - lies - about how effective these "procedures" had already been in saving your life.
Success!
We have now denifined and clarified Common Article III. We make a law complete with our specifics, clarifications and graphic descriptions of those "procedures" that are forbidden - torture has been outlawed.
Fast forward, three months after we have passed our "Anti-Torture Act". We find out that several prisoners have been subjected to one of the forms on the list that is forbidden. We are outraged and we think it is terrible. BUT President Bush and his co-horts say "No! It isn't so. This particular "procedure" is not on the list." We say, "But the third prohibited technique on the list Hanging a Prisoner Upside Down by the Ankles is indeed on the list!" BushCo says, "Read the fine print. This prisoner was hung upside down using fish hooks through his toes. We stand by our procedure."
That is why they are trying to narrowly define torture and that is why Common Article III does not attempt to define it.
That is the trap we face.
Forget about whether or not an American Paramilitary Soldier might get caught in Iran because what they are really trying to do here requires that you think of every possible form and combination of torture that ever could be inflicted upon a prisoner - if we forget anything - they will take advantage of the fact that there are no details - no "clarification".
Finally, this Republican split is a charade. It is meant to make Americans think that Republicans in Congress can act independently. They are acting in concert to protect the President's Administration from being prosecuted for war crimes and trying to score some political points in the process.
For nearly 50 years, the Geneva Conventions have been very clear to every single President, Judiciary and Congress since they were adopted. I would say BushCo's cabal are the ones who are confused if I didn't know they were just trying to destroy them and the United States of America in the process.
What kind of person could make a complete list of torture techniques anyway?
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