MKSheppard wrote:
Geneva doesn't apply to our current enemies.
Who says? The term "unlawful combatant" has zero international force. One is either a prisoner of war or a war criminal. Prisoners of war may not be tried as war criminals, and war criminals cannot be tortured or held indefinably.
Geneva applies even when only one of the warring parties is a signatory.
But even if Geneva doesn't apply, the United Nations Convention Against Torture, which the U.S. and 144 other countries have signed and ratified, most certainly applies. The treaty defines torture as
United Nations Convention Against Torture: Article I wrote: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.
Article II goes on to ban torture and declare that there are no circumstances under which its use is acceptable.
Article II wrote:Article 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.
2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political in stability or any other public emergency, may be invoked as a justification of torture.
3. An order from a superior officer or a public authority may not be invoked as a justification of torture.
Notice "shall take" not "may take", that is a command, not a request. The U.S. is obligated by this treaty to pass and enforce laws that ban torture and prosecute torturers. Futher notice that no order from a superior officer or public authority may be invoked; The President of the United States cannot order someone to torture someone else, a lawyer at the Justice department cannot write a memo granting the U.S. the power to torture. There are no loopholes.
The treaty further compels all signatory states to investigate and prosecute all acts of torture under its jurisdiction, to include where the victim or torturer were citizens of such a state. I really hope Dick Cheney never wants to travel internationally again, likewise George Bush, hope he got his fill of Canada.
My government tortured. It is a violation of everything my country is supposed to defend. And even after they raped my values, my constitution, the very foundation of my country, what have they to show for it? NOTHING. The torture didn't work. There has been no indication of any actionable intelligence being extracted through torture that could not or was not done so through legitimate and legal means. No terror plots have been stopped because of torture, not bombs defused by pouring water down a victim’s throat. It doesn't work, it didn't work, and even if it did, it would still be against every moral and legal standard of the civilized world.