Wednesday, June 09, 2004

I Am Not a War Criminal

(warning: there is unfortunately nothing funny in this entry, although arguably there isn't anything terribly funny in any of our entries)

One more reason why, if you have any sense of human decency, you cannot vote for George W. Bush: The fascinating definitions of torture and plausible deniability of the Bush White House (according to the New York Times):

Torture is only torture if you intend to cause severe pain:

For example, if an interrogator "knows that severe pain will result from his actions, if causing such harm is not his objective, he lacks the requisite specific intent even though the defendant did not act in good faith," the report said. "Instead, a defendant is guilty of torture only if he acts with the express purpose of inflicting severe pain or suffering on a person within his control."

If you can pretend that you are only torturing your fellow human beings for the greater good (whatever that means) you're off the hook:

The report also said that interrogators could justify breaching laws or treaties by invoking the doctrine of necessity. An interrogator using techniques that cause harm might be immune from liability if he "believed at the moment that his act is necessary and designed to avoid greater harm."

...

Jamie Fellner, the director of United States programs for Human Rights Watch, said Monday, "We believe that this memo shows that at the highest levels of the Pentagon there was an interest in using torture as well as a desire to evade the criminal consequences of doing so."

...

The March memorandum also contains a curious section in which the lawyers argued that any torture committed at Guantánamo would not be a violation of the anti-torture statute because the base was under American legal jurisdiction and the statute concerns only torture committed overseas. That view is in direct conflict with the position the administration has taken in the Supreme Court, where it has argued that prisoners at Guantánamo Bay are not entitled to constitutional protections because the base is outside American jurisdiction.

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