gbaji wrote:
2. Waterboarding was not and still (to my knowledge) is not listed as torture by the UN. You're free to champion the cause of getting the UN to add that to their list of things outlawed as torture, but until then you can't call something a lie, when it's legally correct.
I don't know which UN you're talking about.
http://www.un.org/documents/ga/res/39/a39r046.htm (WAY back in 1984...)
1.1.1 For the purposes of this Convention, the term "torture" means any
act by which severe pain or suffering, whether physical or mental, is
intentionally inflicted on a person for such purposes as obtaining from him or
a third person information or a confession, punishing him for an act he or a
third person has committed or is suspected of having committed, or
intimidating or coercing him or a third person, or for any reason based on
discrimination of any kind, when such pain or suffering is inflicted by or at
the instigation of or with the consent or acquiescence of a public official or
other person acting in an official capacity. It does not include pain or
suffering arising only from, inherent in or incidental to lawful sanctions.
1.2.1 Each State Party shall take effective legislative, administrative,
judicial or other measures to prevent acts of torture in any territory under
its jurisdiction.
1.2.2 No exceptional circumstances whatsoever, whether a state of war or a
threat of war, internal political instability or any other public emergency,
may be invoked as a justification of torture.
FURTHERMORE... even if you pretend waterboarding isn't "torture" despite the definition above...
1.16.1 Each State Party shall undertake to prevent in any territory under
its jurisdiction other acts of cruel, inhuman or degrading treatment or
punishment which do not amount to torture as defined in article 1, when such
acts are committed by or at the instigation of or with the consent or
acquiescence of a public official or other person acting in an official
capacity.
Waterboarding pretty clearly fits the definition of "any act by which severe pain or suffering, whether physical or mental". It would be stupid of you to insist that since it was not explicitly listed as a method of torture, that it was not forbidden by the UN. The UNCAT doesn't list using one's ***** as a coffee thermometer either, but I'm pretty sure that's forbidden also.
Edited, Sep 10th 2009 4:10pm by BrownDuck