Meadros wrote:
Um, the US has given an admission of guilt here. This isn't a question of degree of torture but whether it has taken place at all.
Um. No. The US filed a report with the UN and detailed exactly what has been going on there. Some details of that report were leaked to the press from a source. The reporter that this information was leaked to called it "torture". Until there is an official finding of fact from the UN based on the UN Convention of Torture, that calls some act or acts at Gitmo "torture" (using the legal definition), we can't say what has happened.
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The US is built upon rule of law, and the letter and the spirit of the law have clearly been broken.
Really? You're ready and willing to say that when not one single fact has been presented to you. So far, we have only the labeling of the acts in the report by the media as "torture" to go on. Don't you think we should maybe wait until someone with actual knowledge of exactly what happened and a working knowledge of the legal definition of torture decides if this is tortore or not? I'd hope so.
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Why are these detainees being denied due process? Where is the supposition of innocence? Why do they fall outside the geneva conventions? Because Atty Gen Gonzalez says they do?
Sigh. How many times do I have to do this. Read article 5 of the 4th Geneva Convention. These detainees are being held *exactly* in accordance with the law as spelled out in that Convention. Just because you are ignorant of anything in the Geneva Conventions besides POW status does not make your argument valid.
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The are no legal justifications for torture, ever... not even under the most dire circumstances. We are better than that and should all be repulsed by such abuse because it degrades us just as it degrades our helpless enemies.
You are correct. But there is legal justification for interrogation. It's allowed, especially for prisoners held under article 5 of the 4th Convention. The problem is that most people don't really know what the legal definition of torture is. Because of that most people will asume that many interrogation techniques that *are* legal and are *not* torture actually are torture. After all, putting somoene on a modern equivalent of the rack, holding their limbs in uncormfortable positions, while shining a bright light on them, denying them sleep and food, and allowing them to defecate and urinate on themselves certainly *sounds* like torture, right? Believe it or not, as long as those exact things are done for carefully controlled amounts of time so as to ensure no serious physical or mental harm occurs to the interrogatee (and perferably none at all except discomfort), it's not torture, and in fact may be a successful interrogation techique that might be needed to get information from some operatives.
Ok. I made up that example. I don't actually know at what legal point any or all of those things *might* become illegal, or what of those things may or hmauy not have been done at Gitmo. But that's the point. You don't know either. Most people don't know. But most people's initial reaction to *any* form of interrogation beyond the incredibly protected questioning that we get by police here in the states will be to assume that it's torture and will label it so. Which is exactly why it can be very misleading to take someone's interpretation of a leaked report at face value. We simply have no facts by which to judge. And odds are the person who *wrote* what few "facts" we are given doesn't know either. He's just calling it torture becuase, just like everyone else, he assumes it is because it's not something that would be allowed in a local jail.
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This is about not becoming that which we would fight against.
Certainly. But it's also not about desperately trying to find fault in what we're doing based on whatever interpretation of the rules and facts we can get our hands on, while ignoring that those we are fitghting again *are* violating the Geneva Conventions. Obviously, we need to follow the rules. We need to be "better" then the other guy. But don't forget that the other guy is blatantly and openily violating every intent and ideal of the Geneva Conventions, and every rule of international laws as well. He is willing to target civilians to achieve his goal. He's willing to disguise himself among a civilian population in order to use them as shields against counter attack. He acts as a military force, but follows no chain of command and takes no responsiblity for any actions taken. While doing so he uses civilian protections to avoid extradition and attack. He uses rule of law, takes advantage of it and then violates it at his whim, in direct violation of the Geneva Conventions rules on the behavior of civilians (hence where we get article 5 btw).
We'd have to go a hell of a lot farther to even get close to being "just as bad as they are".
Edited, Sat Jun 25 06:48:37 2005 by gbaji