http://www.timesonline.co.uk/tol/comment/columnists/andrew_sullivan/article2602564.eceFrom The Sunday TimesOctober 7, 2007
Bush’s torturers follow where the Nazis led
Andrew Sullivan
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George Orwell would have been impressed by the phrase “enhanced interrogation technique”. By relying on it, the White House spokesman last week was able to say with a straight face that the administration strongly opposed torture and that “any procedures they use are tough, safe, necessary and lawful”.
So is “enhanced interrogation” torture? One way to answer this question is to examine history. The phrase has a lineage. Verschärfte Verneh-mung, enhanced or intensified interrogation, was the exact term innovated by the Gestapo to describe what became known as the “third degree”. It left no marks. It included hypothermia, stress positions and long-time sleep deprivation.
The United States prosecuted it as a war crime in Norway in 1948. The victims were not in uniform – they were part of the Norwegian insurgency against the German occupation – and the Nazis argued, just as Cheney has done, that this put them outside base-line protections (subsequently formalised by the Geneva conventions).
The Nazis even argued that “the acts of torture in no case resulted in death. Most of the injuries inflicted were slight and did not result in permanent disablement”. This argument is almost verbatim that made by John Yoo, the Bush administration’s house lawyer, who now sits comfortably at the Washington think tank, the American Enterprise Institute.
The US-run court at the time clearly rejected Cheney’s arguments. Base-line protections against torture applied, the court argued, to all detainees, including those out of uniform. They didn’t qualify for full PoW status, but they couldn’t be abused either. The court also relied on the plain meaning of torture as defined under US and international law: “The court found it decisive that the defendants had inflicted serious physical and mental suffering on their victims, and did not find sufficient reason for a mitigation of the punishment . . .”
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