The Geneva Conventions.
Part I, Article 3 of the Geneva Conventions reads as follows:
In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following
provisions:
(1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:
(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(b) taking of hostages;
(c) outrages upon personal dignity, in particular, humiliating and degrading treatment;
(d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples.
(2) The wounded and sick shall be collected and cared for.
An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.
The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.
The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.
The President insists that "outrages upon personal dignity" is so vague as to be pointless, and I generally agree with that...but "humiliating and degrading treatment" is pretty clear to me, as is "cruel treatment and torture." There are photos showing graphic evidence of humiliating and degrading treatment. American soldiers posed for them.
Bush insists that a new law in Congress will just help to clarify this vague article. However, his opponents (notably Sen. John McCain, himself a victim of torture) insist that the new bill will define Article 3 such that torture of detainees is legal under the American interpretation of the Geneva Conventions.
Generally speaking, I dismiss the idea that torture by Americans will result in torture of Americans. Americans will be tortured regardless, because US troops are battling extremists, and extremists are monsters. However, torture by Americans will convince the rest of the world that we, too, are extremist monsters, and for that reason, we need to outlaw it.
In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following
provisions:
(1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:
(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(b) taking of hostages;
(c) outrages upon personal dignity, in particular, humiliating and degrading treatment;
(d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples.
(2) The wounded and sick shall be collected and cared for.
An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.
The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.
The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.
The President insists that "outrages upon personal dignity" is so vague as to be pointless, and I generally agree with that...but "humiliating and degrading treatment" is pretty clear to me, as is "cruel treatment and torture." There are photos showing graphic evidence of humiliating and degrading treatment. American soldiers posed for them.
Bush insists that a new law in Congress will just help to clarify this vague article. However, his opponents (notably Sen. John McCain, himself a victim of torture) insist that the new bill will define Article 3 such that torture of detainees is legal under the American interpretation of the Geneva Conventions.
Generally speaking, I dismiss the idea that torture by Americans will result in torture of Americans. Americans will be tortured regardless, because US troops are battling extremists, and extremists are monsters. However, torture by Americans will convince the rest of the world that we, too, are extremist monsters, and for that reason, we need to outlaw it.