It Depends On What Your Definition of
'Torture' Is...
The Huffington Post
Bob Cesca
November 7, 2005
"We do not torture," the president said Monday in Panama City.
He's either outright lying or the administration has a very different
definition of torture than the rest of the world. I would argue that it's
both.
Let's go back to a Presidential Directive written by Al Gonzales and signed
by President Bush on February 7, 2002.
The glossy sheen of the directive was designed to give off the impression
that the president was prohibiting the use of torture, but in fact, the wording
is murky at best and, as a result, conveys a tone of "wink-wink, nudge-nudge"
on the issue. Strange for an administration that prides itself on its
either/or, good/evil international posture.
The directive specifically references al Qaeda and Taliban detainees and
orders that they be treated humanely even though, in Bush's opinion in the
directive, they're not protected under the laws of the Geneva Accords.
I also accept the legal conclusion of the Department of Justice and
determine that common Article 3 of Geneva does not apply to either al Qaeda or
Taliban detainees, because, among other reasons, the relevant conflicts are
international in scope and common Article 3 applies only to "armed conflict not
of an international character."
The humane part:
Of course, our values as a Nation, values that we share with many nations in
the world, call for us to treat detainees humanely, including those who are not
legally entitled to such treatment. Our Nation has been and will continue to be
a strong supporter of Geneva and its principles...
Wink-wink. Now it gets murky. I would argue that it's deliberately murky so
as to allow torture while, in the same breath, condemning it:
...As a matter of policy, the United States Armed Forces shall continue to
treat detainees humanely and, to the extent appropriate and consistent with
military necessity, in a manner consistent with the principles of Geneva.
While we're here, the directive doesn't mention the CIA at all. That's
because Dick Cheney wants the CIA to be allowed to torture detainees -- all
detainees.
And "military necessity?" What constitutes "military necessity?" Is it a
necessity to waterboard an accused insurgent to get information? Ask an
unethical commander or Vlad Cheney and they'd most likely say yes. Ask the same
commander or Vlad Cheney if waterboarding is torture. They might say no. This
two-word phrase gives the military a free pass to do whatever it wants to do
with detainees. Guilty, innocent, accused, or otherwise.
"Principles" is a bothersome word as well. To me, "the principles of Geneva"
sounds like he's saying “the Geneva rules of thumb.’
“Principles’ can be laws, but they can often be seen as
"guidelines" with wiggle room on either side. In principle, we're suppose to
come to a full stop at a stop sign. In practice, many of us don't. Therefore,
BushCo will allow detainees to be mostly tortured, but all-the-way torture --
not so much.
Without a definition of "humanely," that word, too, seems deliberately left
up to interpretation. After all, is there a section of the directive that
defines what is "humane?" Definitions of "humane" vary greatly. MSNBC's Joe
Scarborough was on Real Time with Bill Maher Friday night and felt it was
perfectly reasonable to waterboard a detainee. I do not. He thinks it's humane
-- or at least acceptible. I think it's torture. Gray area.
Perhaps Vlad Cheney defines "humane" as doing whatever is necessary to
ultimately protect the American people, even if that includes torturing people
in eastern European gulags. What The Impaler doesn't seem to get, however, is
that these practices are making us far less safe and besmirching what remains
of our reputation abroad. I wonder what will happen after a victim of American
torture is freed. Do you think they'd be more inclined to -- I don't know --
kill some of us? We can only deduce that Vlad doesn't think so.
Then there's the al Qaeda exemption... What constitutes a confirmed al Qaeda
operative or a confirmed insurgent? Someone could be accused of being al Qaeda
and be tortured without limitation (military necessity) and actually be an
innocent civilian without any real connections to al-Zarqawi or bin Laden.
These are just a few of many loopholes through which Cheney and Bush drive
their thumbscrews. Let's face it, this directive is really the catalyst for the
administration's torture policy – it allows Bush to tell the world: "We
do not torture," even though he´s threatening to veto any legislation
containing the anti-torture McCain Amendment and while Dick Cheney asks the
Senate to allow the CIA significant latitude on the issue.
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