Last edited by OscarB63; 11-15-10 at 12:12 PM.
Article 1 of the Convention defines torture as:
Any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person, information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.
– Convention Against Torture, Article 1.1
Last edited by MaggieD; 11-15-10 at 12:12 PM.
Thank you, Quazi!
as long as you are not trying to get info or a confession, punish them for an act they commited, or intimidate them based on discrimination you are good to go.
put every detainee's name in a hat, draw one out at random and waterboard away.
The story of Japanese hanged for waterboarding, as far as I can tell, goes back to a statement made by John McCain. I haven't found actual evidence of it being true. There was a Japanese soldier sentenced to 15 years hard labor, with waterboarding listed as an offense, but he also engaged in the following over an extended period of time: "..beating using hands, fists, club; kicking; … burning using cigarettes..."
I know your source says that generals made the practice illegal, but since they don't have the authority to make law, I think your source is incorrect.
"All of these trials elicited compelling descriptions of water torture from its victims, and resulted in severe punishment for its perpetrators," writes Evan Wallach in the Columbia Journal of Transnational Law.
On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier.
Waterboarding: A Tortured History : NPR
AUSTAN GOOLSBEE: I think the world vests too much power, certainly in the president, probably in Washington in general for its influence on the economy, because most all of the economy has nothing to do with the government.