But torture isn’t just bad policy. It’s against the law.
First, the federal Torture Act stipulates that if an American soldier, CIA officer, or anybody else acting on behalf of the government waterboards a prisoner, he risks up to 20 years imprisonment. The McCain-Feinstein Amendment Congress passed last year reiterated the ban on torture, including waterboarding.
Second, our country is a signatory to the United Nations Convention Against Torture. Waterboarding a prisoner is against international law and could subject the torturer — or the person ordering or approving the torture — to international sanctions, including prosecution in international courts.
In the early part of the last decade, torture fans in the George W. Bush Justice Department — most infamously in a legal opinion by attorneys John Yoo and Jay Bybee — twisted the law itself into contortions to argue that certain forms of torture were permissible. Al-Qaeda, they said, was a “non-state actor,” not a country. As such, its members should receive none of the protections of international law.
That argument was specious on its face. Absolutely nothing in U.S. law says that there are two sets of rules — one for countries and one for terrorist groups. The law is the law, whether we like it or not — including international conventions adopted by the United States.Trump is no the only candidate calling for "taking the gloves off." So have Ted Cruz, Marco Rubio, Carly Fiorina.
John Kiriakou is the only person imprisoned by the US so far in the torture scandal — for blowing the whistle on torturers.
This is a national disgrace that has cost the US dearly in credibility and soft power.
5 comments:
Torture is only against the law until the law is changed.
Hopefully it won't be. But the crazy is strong...
Torture is against the law but assassination is not?
Why is it fascism when Trump calls for torture but not when Bernie says he'll continue the assassination program?
"Torture is only against the law until the law is changed."
International law also applies and it would take the world agreeing to change that.
The US has been flouting international law with impunity for some time. This is the Russian and Chinese complaint explicitly. Implicitly, everyone is watching and the US is losing credibility and soft power. The US no longer "the shining city on the hill."
"International law also applies and it would take the world agreeing to change that. "
No law without enforcement.
No law without enforcement.
Yes and no.
There is also moral enforcement. Those who violate the law but whose power protects them lose moral legitimacy.
This is happening to US elites and the result is the populist reaction domestically. It is also happening to the US it loses its former moral stature in the world and has come to be viewed as the world's most dangerous nation by others.
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