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The Geneva Convention DOES NOT say : You can't rip toenails out

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Solly Mack Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-06-07 09:50 AM
Original message
The Geneva Convention DOES NOT say : You can't rip toenails out
Edited on Tue Nov-06-07 09:54 AM by Solly Mack
Neither does the revised War Crimes Act of 1996 - revised to accommodate Bush's practice of torture -the original War Crimes Act said ANY breach of the Common Article 3 of the Geneva Convention was a violation.

Additional source stating the WCA of 1996 has been revised to reflect the changes Bush wanted so he could continue his torture program.

The revised WCA of 1996 says any "grave" breach is a violation of Common Article 3 - and what constitutes a "grave breach" is now to be defined by Bush.

The Convention Against Torture doesn't say you can't.
The Detainee Treatment Act of 2005 doesn't say you can't.
The Military Commissions Act of 2006 doesn't say you can't.

None of the above state that a person can't:

- rub a detainees face in feces.
- stack naked detainees in pyramids
- use dogs to intimidate and terrorize detainees
- hang detainees from the ceiling by their shoulders



So I guess none of the above count as torture or 'outrages upon personal dignity, in particular humiliating and degrading treatment'.

What's that you say? The above fall under the categories of torture and 'outrages upon personal dignity, in particular humiliating and degrading treatment'?

Oooh..

But let's say I wanted to do those things anyway - couldn't I just claim they weren't prohibited because no law or treaty explicitly spells out each and every form of torture or 'outrages upon personal dignity, in particular humiliating and degrading treatment' that can be thought of? - so that gives me a lot of leeway on what I can do, yes?

And if someone says what I am doing is illegal, how can I truly be held accountable if the law and treaties didn't say, explicitly, that I couldn't do it? If they didn't spell out each and every way a person can be tortured or degraded or humiliated, how can you say I'm torturing them because I rip their toenails out?


After all, you didn't say I couldn't rip their toenails out - you only said I couldn't torture them.

And if toe-nails grow back they aren't really being mutilated, so you can't say I'm mutilating them either.


This is precisely the logic - defense - Bush is using about water-boarding.

And people are falling for it. Worse, some in Congress are playing along with it.

If Bush can make Congress continuously define torture, then Bush will continuously use any and all forms of torture and then claim it's not torture because the laws and treaties didn't spell it out as torture.

It's a game to get away with torturing.


And people are falling for it. Worse, some in Congress continue to play along with it.


People have the capacity for coming up with all manner of ways to abuse and torture other people - of ways to enact 'outrages upon personal dignity, in particular humiliating and degrading treatment' - so stating every single way a person can be tortured or abused or degraded or humiliated is impossible.

Playing Bush's game of - define inhuman, define cruel, define torture, define humiliating, define degrading, define abuse - does nothing but enable him to continue his war crimes.


Stop falling for it.





















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fasttense Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-06-07 10:15 AM
Response to Original message
1. The torture appeasers I've heard on CNN and Fox
say things like "If it doesn't work, why does everybody use it?"

This assumes everybody uses it of course. But the truth is most civilized countries don't torture. A few civilized countries do like to use torture, and the US is one of them.

Torture doesn't work as an interrogation technique. But it works just fine if you want to terrorize a population (like the British did to Americans during the revolutionary war). It gets you compliant prisoners, and makes you feel like you are a tough guy while symbolical punishing your enemy through a handful of captives. It also works to ensure your enemy will fight back, never ever surrender and torture your troops they capture. It also guarantees that the country using torture is an example of tyranny and shame throughout the world.

Look at all the wonders a Republican government has brought the United States of America. In torture we trust is our new motto.
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Solly Mack Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-06-07 10:27 AM
Response to Reply #1
2. Specter is currently advocating playing along with Bush's "define torture"
game (Mukasey vote)
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Solly Mack Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-06-07 10:34 AM
Response to Original message
3. Kennedy is saying what I posted about
Edited on Tue Nov-06-07 10:35 AM by Solly Mack
It's a definition game to provide legal cover for torture

(Mukasey vote)
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Spazito Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-06-07 10:36 AM
Response to Original message
4. I have seen that exact specious argument put forth here on DU....
'waterboarding isn't torture because no document explicitly says it is', I couldn't believe someone on DU would even think about using that kind of garbage as an argument but they have, sadly.
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Solly Mack Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-06-07 10:39 AM
Response to Reply #4
5. Me too :(


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Poiuyt Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-06-07 10:40 AM
Original message
Definitions of torture are purposefully kept vague
Otherwise someone can slightly change (for example) the angle of the board and then say that it doesn't fit the definition of waterboarding. If the definitions are specific, then there will always be ways around.
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Solly Mack Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-06-07 10:41 AM
Response to Original message
7. Precisely
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Kingshakabobo Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-06-07 12:22 PM
Response to Original message
28. That's what I was thinking when Pat Buchanan said the congress needs to specifically outlaw it.
The bush people will switch to pouring coca-cola down prisoner's throats and go on about their business.
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WinkyDink Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-06-07 10:40 AM
Response to Original message
6. Exactly why specifics must be avoided----or else Bushco will simply think of worse.
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Solly Mack Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-06-07 10:42 AM
Response to Reply #6
8. Yes! and that's exactly what he is doing with water-boarding now
and if you are listening to the Mukasey vote, you'll hear some using the exact same "logic"
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Poiuyt Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-06-07 11:10 AM
Response to Reply #8
11. Actually, Bush avoids any definition of torture
He just says that the United States does not torture. When someone asked him what his definition of torture was, he said, "What the laws say it is," and quickly moved on.
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Solly Mack Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-06-07 11:14 AM
Response to Reply #11
13. and he means by the law, the memos the DOJ wrote
as well as Addington, etc

His whatever the law says is meant to be misleading because he knows he doesn't follow the law

But he is redefining torture by pretending that unless the laws and treaties specifically spell out a method of torture, then it isn't torture
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Solly Mack Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-06-07 11:03 AM
Response to Original message
9. aDiFi used the "define" game too, during the Mukasey vote hearing
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Solly Mack Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-06-07 11:07 AM
Response to Original message
10. Graham used it too "to specifically vote to ban water-boarding"
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Spazito Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-06-07 11:13 AM
Response to Reply #10
12. Given the way votes have gone in the Senate....
any bill specifically banning waterboarding won't pass anyway and they all know it. lieberman won't support any such bill nor will enough repubs to get the numbers to counter a filibuster.


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Solly Mack Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-06-07 11:15 AM
Response to Reply #12
14. Sadly, I agree
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Poiuyt Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-06-07 11:17 AM
Response to Reply #10
15. Pat Buchanan was blaming Congress for not legislating against waterboarding
You don't need specific laws against each form of torture for Christ's sake!

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

For the purposes of this Convention, the term "torture" means 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.

http://www.unhchr.ch/html/menu3/b/h_cat39.htm


That says it all.

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Solly Mack Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-06-07 11:19 AM
Response to Reply #15
16. Yes!!! Thank you!!! It's so simple....yet people are deliberately
making it confusing and all that does is give Bush legal cover



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maine_raptor Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-06-07 11:21 AM
Response to Original message
17. This dodge has been around for a long time.
I remember Rep. Sparkman (R-DeepSouth) on the House Impeachment committee yelling for "specificity" during Watergate.

Torture is like Porn; I can't define it, but I know it when I see it.

What part of that logic don't people get?





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Solly Mack Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-06-07 11:23 AM
Response to Reply #17
18. It's amazing isn't it?
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bbgrunt Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-06-07 11:26 AM
Response to Original message
19. unfortunately, the people like Pat Buchanan keep
screaming that it is all congress's fault for not defining waterboarding as torture, and no one effectively counters with the statement that torture is already defined as anything that causes physical or emotional harm--

and the corporate media plays along and lets them get away with this bs. And mr. bunana head seems to be screaming his guts out at us on every possible media outlet.
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Solly Mack Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-06-07 11:31 AM
Response to Reply #19
21. Yes, the media has been enabling this BS..I agree
as well as loud-mouths like Buchanan

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Solly Mack Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-06-07 11:27 AM
Response to Original message
20. No surprise but Chucky used it too...
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Spazito Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-06-07 11:37 AM
Response to Original message
22. The intent has been to shift the focus from the facts, water-boarding IS torture, to....
the semantics of definitions. It has been successful, sadly, thanks to people like Fienstein and Schumer and the enabling of the media (I leave the repubs out of the equation because it is expected of them).

As successful as it has been, the fact remains torture is illegal and the US is using torture. It is a simple fact and no semantics will change it.
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Solly Mack Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-06-07 11:38 AM
Response to Reply #22
23. Well said!!!!!!!!
Edited on Tue Nov-06-07 11:38 AM by Solly Mack
and Thank you!!!
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magellan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-06-07 11:50 AM
Response to Original message
24. 40% Americans polled believe waterboarding is acceptable
So says CNN this morning. I take the number with a grain of salt, but realize it's likely not far from the truth. (In 2002, a poll showed that 1/3 of Americans favored the use of torture.)

A democracy that continues to enact the minority viewpoint, isn't.
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Solly Mack Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-06-07 11:51 AM
Response to Reply #24
25. what a sadly uninformed and sick-minded 40 percent
Edited on Tue Nov-06-07 11:51 AM by Solly Mack
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magellan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-06-07 12:17 PM
Response to Reply #25
26. Not just that, but cowardly
Bottom line, anyone who supports torture -- and waterboarding is included in the definition -- is a paranoid ghoul who lets fear rule their mind. Which aptly describes Bush** and his base.
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Solly Mack Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-06-07 12:18 PM
Response to Reply #26
27. Oh hell yes!!!
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The Inquisitive Donating Member (480 posts) Send PM | Profile | Ignore Tue Nov-06-07 12:51 PM
Response to Reply #24
29. I'm curious
if the question was phrased, "would you find it acceptable if American soldier's held as POW's were water boarded during interigations?" how would that 40% respond.
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magellan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-06-07 01:03 PM
Response to Reply #29
30. There's no question they'd find it unacceptable in that case
But they wouldn't make the connection. For that 40% it's all about them and what makes them and those they extend their support to feel safe. Laws and logic mean nothing in the face of their self-absorbed fear.
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The Inquisitive Donating Member (480 posts) Send PM | Profile | Ignore Tue Nov-06-07 01:39 PM
Response to Reply #30
31. agreed
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Solly Mack Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-07-07 09:34 AM
Response to Reply #29
32. They'd rant and rage about how evil it was
and say that's why we must kill them all...

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