So, you heard that there is a compromise? And you thought the good guys won?
Wrong. Read the proposed law (pdf file), carefully. You don't have to be a lawyer to understand, you just have to have some reading comprehension.
(2) PROHIBITION ON GRAVE BREACHES.—The provisions in section 2441 of title
18, United States Code, as amended by this section, fully satisfy the obligation under
Article 129 of the Third Geneva Convention for the United States to provide effective
penal sanctions for grave breaches which are encompassed in Common Article 3 in the
context of an armed conflict not of an international character. No foreign or international sources of law shall supply a basis for a rule of decision in the courts of the United States in interpreting the prohibitions enumerated in subsection 2441(d).
(3) INTERPRETATION BY THE PRESIDENT.—(A) As provided by the Constitution
and by this section, the President has the authority for the United States to interpret the meaning and application of the Geneva Conventions and to promulgate higher standards and administrative regulations for violations of treaty obligations which are not grave breaches of the Geneva Conventions.
So, correct me if I'm wrong, but this means that "slight" breaches are OK. If you're just hurt a little bit, and only forced to stay awake for a little time, and if it is for the greater good for the nation (or simply if Bush this morning decides that he's OK with some cutting or bruising), then you're out of luck.
(D) the term ‘serious physical pain or suffering’ means bodily
injury that involves—
(1) a substantial risk of death;
(2) extreme physical pain;
(3) a burn or physical disfigurement of a serious nature, not
include cuts, abrasions, or bruises; or
(4) significant loss or impairment of the function of a
bodily member, organ, or mental faculty.
Think about it. Waterboarding would be legal. You are not at risk of drowning, you just think you are. You don't endure extreme physical pain, you only endure pain and extreme anguish and panic and fear. It doesn't leave any physical disfigurement. It doesn't impair any of your organs, much. I can come up with a dozen more torture methods that fulfill above requirements, yet easily breaks a person's will, leaving his personality, character, his sense of self, his integrity, in shreds.
One of the jarring scenes in 1984 is the threat wit the rat. Remember that? That would also be legal.
The only thing between this interpretation and reality would be the president. Now, think about this long and hard. Do you really want Mr. Bush to be the deciding factor on this issue? Does he strike you as the sort of person who would reign in an overly enthusiastic CIA investigator who dreams of saving the world US from another 9/11? How much collateral damage is too much?
It's not a compromise. It's a whole sale of America's integrity.
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