War Crimes and the White House: Bush's Tortured New Interpretation of the Geneva Conventions

[DeepModem Mom]

WP op-ed: War Crimes and the White House
The Dishonor in a Tortured New 'Interpretation' of the Geneva Conventions
By P.X. Kelley and Robert F. Turner
Thursday, July 26, 2007; Page A21

One of us was appointed commandant of the Marine Corps by President Ronald Reagan; the other served as a lawyer in the Reagan White House and has vigorously defended the constitutionality of warrantless National Security Agency wiretaps, presidential signing statements and many other controversial aspects of the war on terrorism. But we cannot in good conscience defend a decision that we believe has compromised our national honor and that may well promote the commission of war crimes by Americans and place at risk the welfare of captured American military forces for generations to come.

The Supreme Court held in Hamdan v. Rumsfeld last summer that all detainees captured in the war on terrorism are protected by Common Article 3 of the 1949 Geneva Conventions, which prescribes minimum standards of treatment for all persons who are no longer taking an active part in an armed conflict not of an international character. It provides that "in all circumstances" detainees are to be "treated humanely."

This is not just about avoiding "torture." The article expressly prohibits "at any time and in any place whatsoever" any acts of "violence to life and person" or "outrages upon personal dignity, in particular, humiliating and degrading treatment."

Last Friday, the White House issued an executive order attempting to "interpret" Common Article 3 with respect to a controversial CIA interrogation program. The order declares that the CIA program "fully complies with the obligations of the United States under Common Article 3," provided that its interrogation techniques do not violate existing federal statutes (prohibiting such things as torture, mutilation or maiming) and do not constitute "willful and outrageous acts of personal abuse done for the purpose of humiliating or degrading the individual in a manner so serious that any reasonable person, considering the circumstances, would deem the acts to be beyond the bounds of human decency."

In other words, as long as the intent of the abuse is to gather intelligence or to prevent future attacks, and the abuse is not "done for the purpose of humiliating or degrading the individual" -- even if that is an inevitable consequence -- the president has given the CIA carte blanche to engage in "willful and outrageous acts of personal abuse."

It is firmly established in international law that treaties are to be interpreted in "good faith" in accordance with the ordinary meaning of their words and in light of their purpose. It is clear to us that the language in the executive order cannot even arguably be reconciled with America's clear duty under Common Article 3 to treat all detainees humanely and to avoid any acts of violence against their person....

(Retired Gen. P.X. Kelley served as commandant of the Marine Corps from 1983 to 1987. Robert F. Turner is co-founder of the University of Virginia's Center for National Security Law and a former chair of the American Bar Association's Standing Committee on Law and National Security.)

http://www.washingtonpost.com/wp-dyn/content/article/2007/07/25/AR2007072501881.html?hpid=opinionsbox1

[annabanana]

1. I will repeat what I said when they first started to "define torture".

The human capacity for evil is limitless. Our imagination is infinite. That's why the definition MUST be fluid. If it can be defined it can be circumvented..

We either torture, or we do not torture..

To define limitations is to erase all limits.

[DeepModem Mom]

2. a.m. kick