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:
violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
three U.S. servicemen who had tried to halt the massacre and rescue the hiding civilians were shunned, and even denounced as traitors by several U.S. Congressmen, including Mendel Rivers, Chairman of the House Armed Services Committee. Only thirty years later they were recognized and decorated, one posthumously, by the U.S. Army for shielding non-combatants from harm in a war zone.[12]
Grave breaches[edit]
Logo of International Criminal Court
Not all violations of the treaty are treated equally. The most serious crimes are termed grave breaches, and provide a legal definition of a war crime. Grave breaches of the Third and Fourth Geneva Conventions include the following acts if committed against a person protected by the convention:
willful killing, torture or inhumane treatment, including biological experiments
The United States has ratified the four Conventions of 1949, but has not ratified the two additional Protocols of 1977.
Ptotocol I: In this additional Protocol to the Geneva Conventions, the signing Nations agreed to further restrictions on the treatment of "protected persons" according to the original Conventions. Furthermore, clarification of the terms used in the Conventions was introduced. Finally, new rules regarding the treatment of the deceased, cultural artifacts, and dangerous targets (such as dams and nuclear installations) were produced.
Protocol II: In this Protocol, the fundamentals of "humane treatment" were further clarified. Additionally, the rights of interned persons were specifically enumerated, providing protections for those charged with crimes during wartime. It also identified new protections and rights of civilian populations.
Alexatron wrote:I don't understand why they don't make it legal but put similar controls in place for the likes of a search warrant. I can get a search warrant to do my job but have to jump through a whole bunch of hoops and present a very strong case as to why its needed and is the only way forward in an investigation. Everything is peer reviewed and scrutinized to ensure there is no abuse of the power.
If torture is the only way to extract information from a proven suspect and that information could save possibly hundreds or even thousands of innocent lives then its a dereliction of duty not to explore that avenue. I can think of a few people I've had to deal with who I wouldn't mind torturing
Michael wrote:Sorry, I forgot, nobody reads books any longer. My bad.
The film "Brazil", from hilarious director Terry Gilliam of Monty Python fame, depicts a situation where a man is mistakenly arrested due to a typo caused by misprint on an automatically generated arrest warrant, and because the normal policy is to torture all terrorists, he is mistakenly tortured to death. The movie is quite funny, but does contain one scene with the consequences of the man's death to his family.
I strongly suggest this film, especially the uncut version.
The most recent film version from of Orwell's Nineteen Eighty-four is also excellent, but a bit of a downer compared to Gilliam's, who just has that special way of making torture seem a bit more entertaining. Orwell was too serious, yah.
Dajenarit wrote:Except torture never works as a means of interrogation and even if it did we left the Dark Ages behind for a reason.
According to Human Rights First, the interrogation that led to the death of Iraqi Major General Abed Hamed Mowhoush involved the use of techniques used in SERE training. According to the organization "Internal FBI memos and press reports have pointed to SERE training as the basis for some of the harshest techniques authorized for use on detainees by the Pentagon in 2002 and 2003."[
As a result of POWs' experiences during Operation Desert Storm, sexual assault resistance was added to the SERE curriculum. However, some of the training scenarios allegedly were taken too far by SERE cadet members at the academy during practical portions of the program. In 1995, the ABC television news program 20/20 reported that as many as 24 male and female cadets in 1993 had allegedly been sexually assaulted at the Academy during SERE training. One of the cadets sued the U.S. federal government, which eventually settled for a reported $3 million in damages.[11]
The CIA physical and psychological methods were originally codified in the Kubark Counterintelligence Interrogation Manual published in 1963, and in CIA torture training handbooks for Latin American regimes published in the 1970s and 1980s, and were employed during the Cold War, the CIA's Phoenix program in Vietnam, and the CIA's Operation Condor in South America.[8] The other primary source for SERE techniques was 1960's CIA "mind control experiments," using sleep deprivation, drugs, electric shock, and isolation and extended sensory deprivation.[9] Certain of the less physically damaging CIA methods derived from what was at the time called 'defensive' behavioral research" were reduced and refined as training techniques for the SERE program.[10]
Superior orders, often known as the Nuremberg defense, lawful orders or by the German phrase "Befehl ist Befehl" ("orders are orders"), is a plea in a court of law that a person, whether a member of the armed forces or a civilian, not be held guilty for actions which were ordered by a superior officer or a public official.[
At least some Bush administration officials opposed the interrogation techniques, including notably Condoleezza Rice's most senior adviser Philip Zelikow.[33] Upon learning details of the program, Zelikow wrote a memo contesting the Justice Department's Torture Memos, believing them wrong both legally and as a matter of policy.[33] Zelikow's memo warned that the interrogation techniques breached US law, and could lead to prosecutions for war crimes.[12][34] The Bush Administration attempted to collect all of the copies of Zelikow's memo and destroy them.[33][35] Jane Mayer, author of the Dark Side,[36] quotes Zelikow as predicting that "America's descent into torture will in time be viewed like the Japanese internments", in that "(f)ear and anxiety were exploited by zealots and fools."[37]
Michael wrote:Would you consider the possibility that you might be tortured under such a policy? Do you know what that's actually like? Have any concerns that such a power might be misused against you? It's not like TV and the vast majority of victims of USA torture policies and practices are not criminals of any kind, not even fitting into the ridiculous definitions of terrorist or enemy combatant.
In looking to objective standards to inform a judgment about evolving standards of decency or interrogation techniques that shock the conscience, three sources stand out:
American government practice, by any agency, in holding or questioning enemy combatants -- including enemy combatants who do not have Geneva protection or who were regarded at the time as suspected terrorists, guerrillas, or saboteurs. We are unaware of any precedent in Wold War II, the Korean War, the Vietnam War, or any subsequent conflict for authorized, systematic interrogation practices similar to those in question here, even where the prisoners were presumed to be unlawful combatants
Recent practice by police and prison authorities in confining or questioning their most dangerous suspects. This practice is especially helpful since these authorities are governed by substantively similar standards to those that would apply under the [Convention Against Torture], given the Senate's reservation. We have not conducted a review of American domestic practice. From the available cases, it appears likely that some of the techniques being used would likely pass muster;
several almost certainly would not.
Recent practice by other advanced governments that face potentially catastrophic terrorist dangers. [REDACTED]...governments have abandoned several of the techniques in question here.
Recent practice by other advanced governments that face potentially catastrophic terrorist dangers. [REDACTED]...governments have abandoned several of the techniques in question here.
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