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U.S., international law forbid the use of torture

In reading Elon law student Jacob Arthur’s letter (April 24), I was surprised to read that Mr. Arthur could not differentiate between actions taken in a military arena and actions taken away from the battlefield that are proscribed by U.S. and international law.

Torture is a war crime, and perpetrators of torture have been prosecuted by U.S. and international courts. Actions taken by Americans and approved by lawyers under Alberto Gonzalez’s Justice Department, including waterboarding, sleep deprivation, physical beatings, etc., have resulted in war-crime prosecutions and convictions in the past when they were done by Japanese, Korean and other interrogators.

If Mr. Arthur can’t see the difference between what the Navy SEALS did in the piracy situation and waterboarding a person 183 times in one month, I would suggest the law is not a good profession for him. The bar exam will prove to be a major challenge for him if he can’t determine nuances. But in the case of torture versus battlefield actions, the resolution of the issue is well beyond nuance or shades of gray.

L.F. Rappaport
Greensboro

Comments (22)

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rahrah [TypeKey Profile Page] said:

The more I find out about this, the more I think legal inquiries into the higher ups are in order.

Monica [TypeKey Profile Page] said:


Q: How many lawyers does it take to screw in a light bulb?

A: How many can you afford?

mamaboilermaker [TypeKey Profile Page] said:

So I guess the lesson is to be sure and kill the bad guys on the battlefield.

neocon [TypeKey Profile Page] said:

To all the flower children who are calling for Bush administration members heads on a stake...it ain't gonna happen. Queen Peloski's stuttering lies about how she was "never told" about the 'actual waterboarding' when she clearly was on board with it at the time is the tip of the iceberg for the democrats.

Bring on the hearings and investigations. The sooner the better.

I understand that the Brooklyn Bridge and the library in LA were saved because of this!
Neocon, you are wasting your time if you think the liberal media, is going to cover this.
Much like Easley land deals and his sons special car deal, are Basnight Bed and Breakfast, these items are off limits .
How ever if Burr takes his own money out of a ATM machine its a big deal.
Wonder why we do not see any LTE about be headings?

rahrah [TypeKey Profile Page] said:

I understand that we invaded Iraq, spent billions of dollars, lost 4000+ American lives, contributed to extreme fluctuations in the price of oil, pissed off many more Muslims than we pleased, broke well-established international law, shat on the fourth amendment, treasonously outed an undercover CIA Agent, and basically alienated the rest of the planet because of this, torture-- water-boarding some stupid terrorist until he lied and said want Cheney wanted to hear.

hugh [TypeKey Profile Page] said:

"U.S., international law forbid the use of torture"

Quick, someone tell the Russians:
http://www.timesonline.co.uk/tol/news/world/europe/article6168959.ece

rahrah [TypeKey Profile Page] said:

And I don't care if Pelosi knew about it. Somebody needs to go down for this, anybody.

We need precedent set so that a President can't just have his men rewrite the law as he pleases in secret memos that he revokes days before leaving office.

neocon [TypeKey Profile Page] said:

Careful rahrah, don't let all that piss 'n vinegar blow back in your face.


Bring on the investigations...the sooner the better.

Molene Gunch [TypeKey Profile Page] said:

Shat... awesome.

hugh [TypeKey Profile Page] said:

"intelligence was often extracted by breaking their limbs with a hammer, administering electric shocks and forcing men to perform sexual acts on each other. The bodies were either buried in unmarked pits or pulverised. "

However, had the Russians used waterboarding and panties there would be international outrage.

justsomedude [TypeKey Profile Page] said:

Wow, terrible article there, hugh.

Good thing we are are just amateurs in the field of torture. Not ready for prime-time, if you will. Small fish.

I guess comparing our water-boarding to Russia's tomfoolery would be like comparing Ted Bundy's body count to Joseph Stalin's.

Or in terms of lies. A little tiny lie can be so much more insignificant than a great big whopper. We are the little white lie, and Russia is the whole "I did not have sexual relations with that woman" type lie.

We should all be thankful that our torturers behave themselves and act respectable, not like those Russian bastards.

I mean, really, in the choice between waterboarding or finger smashing and forced sexual intercourse followed by pulverisation by 200 pounds of TNT, it's a wonder we don't have people begging at the gates to get into a CIA detention facility.

The One [TypeKey Profile Page] said:

I understand how horrible water boarding can be so I have a new technique for the CIA. Place the so called terrorist on a table being sure to restrain him or her. Place a surgical sheet over the head and tie off just above the ears. Be sure to sterilize the head we wouldn't want any infection. Then proceed with a pair of sharp surgical scissors to puncture a hole in the top of the head, make sure to penetrate into the brain. If you do not observe any brain matter leakage you should apply light suction to the brain. After the above procedure is complete and you have the needed information simply place the so called terrorist in their cell and allow them to die. Silly water boarding, what a waste of time.

ghost from white oak [TypeKey Profile Page] said:

I was just wondering, is beheading with a semi-dull knife considered torture?

Or you have to have a dangerously sharp knife?

Are the muslims capable of torture at all?

Dan [TypeKey Profile Page] said:

"Then proceed with a pair of sharp surgical scissors to puncture a hole in the top of the head, make sure to penetrate into the brain. If you do not observe any brain matter leakage you should apply light suction to the brain."

Sounds like a partial birth abortion, except that is totally acceptable of course.

BTW, The One, that name is already taken, be careful, you may encounter a copyright infringement.

rahrah [TypeKey Profile Page] said:

Dan's right?

http://www.google.com/search?q=%22The+One%22&btnG=Search

Definitely taken. Watch out for Jet Li at your doorstep.

rahrah [TypeKey Profile Page] said:

"'We need a president who can bring us all together,' she said. 'I know [Barack Obama] is the one.'"

it's all about the capitals, man.

Dan [TypeKey Profile Page] said:

Here it's "the One" courtesy of John McCain:

http://www.washingtonpost.com/wp-dyn/content/article/2008/07/30/AR2008073003208.html

Wow, Oprah & John McCain have something in common.

BTW, the CNN title is The One. How do you know Oprah's caps intent? You two buddies? Did she specify lower caps?

Caps schmaps.

rahrah [TypeKey Profile Page] said:

Oprah's capitalization intent is easily ascertained from context.

The previous sentence expresses need for a President that can bring us together. She then says that BO is the one--essentially, 'BO is the one [candidate] who can bring us together as President.'

reading comprehension...an important skill.

anyway.

Dan [TypeKey Profile Page] said:

I'm glad NCSU is teaching something. I won't get into Messiah nor messiah tonight. Too tired from working and flying back home.

Carolina Hurricanes just won a thriller!!! At least I pull for one team that plays in the RBC Center ;--)

JT [TypeKey Profile Page] said:

I appreciate your concern about my chances at the bar exam.

I believe you confuse the situations I listed as different issues. I believe they are all the same. All three are battlefield situations. The capture of a terrorist is not a criminal matter, unless they are captured on U.S. soil. As such, they are enemy combatants, not criminal defendants. Legally, as enemy combatants, they receive no protection under International treaties. Their only protection is that which was established by Congress in the Detainee Treatment Act.

I suppose, by your rationale, I have a case against the federal government for the sleep deprivation, physical punishement, among other techniques, I was exposed to in military service.

We do not torture to get confessions, as others have in history. We do not torture for propaganda. We do not torture, period. We use tools to gain vital information to protect the citizens of the United States.

Gotta go study for the bar exam...

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