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cite the section that mentions waterboarding and how it applies to this case......
Torture impairs ability to tell the truth
- Thread starter FUCK THE POLICE
- Start date
cite the section that mentions waterboarding and how it applies to this case......
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The War Crimes Act of 1966 -- United States Code, Title 18, Section 2441
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the term waterboarding does not exist in your cite
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Nope, and it won't in any site, neither is cutting off a man's arm or leg, but you can't do that, either.
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The United States has enacted statutes prohibiting torture and cruel or inhuman treatment. It is these statutes which make waterboarding illegal.[22] The four principal statutes which Congress has adopted to implement the provisions of the foregoing treaties are the Torture Act,[23] the War Crimes Act,[24],and the laws entitled “Prohibition on Cruel, Inhuman, or Degrading Treatment or Punishment of Persons Under Custody or Control of the United States Government”[25] and “Additional Prohibition on Cruel, Inhuman or Degrading Treatment or Punishment.”[26] The first two statutes are criminal laws while the latter two statutes extend civil rights to any person in the custody of the United States anywhere in the world.
The Torture Act makes it a felony for any person, acting under color of law, to commit an act of torture upon any person within the defendant’s custody or control outside the United States.[27] Torture is defined as the intentional infliction of “severe physical or mental pain or suffering” upon a person within the defendant’s custody or control.[28] To be “severe,” any mental pain or suffering resulting from torture must be “prolonged.”[29] Under this law, torture is punishable by up to twenty years imprisonment unless the victim dies as a result of the torture, in which case the penalty is death or life in prison.[30]
The War Crimes Act differs from the Torture Act in several respects. It applies to acts committed inside or outside the United States, not simply to acts committed outside the United States.[31] Second, it prohibits actions by any American citizen or any member of the armed forces of the United States, not simply to persons acting under color of law.[32] Third, violations of the War Crimes Act that do not result in death of the victim are punishable by life in prison, not simply for a term of twenty years.[33] Finally, when it was enacted in 1996, the War Crimes Act did not mention torture or any other specific conduct like the Torture Act does, but rather contained a very broad definition of the offense. The original statute provided that “war crimes” included any “grave breach” of the Geneva Conventions.[34] In 2006, in the Military Commissions Act, Congress defined the term “grave breach” of Common Article 3 of the Geneva Convention to include “torture” as well as “cruel or inhuman treatment” of prisoners.[35] As in the Torture Act, the War Crimes Act (as amended by the Military Commissions Act of 2006) defines “torture” as the intentional infliction of “severe physical or mental pain or suffering.”[36] Cruel or inhuman treatment is defined as “serious physical or mental pain or suffering,” and also includes “serious physical abuse.”[37] The law defines “serious physical pain or suffering” as including “extreme physical pain.”[38] All of these clarifications of the term “grave breaches” of Common Article 3 were made retroactive to 1997.[39] The 2006 Act replaced the requirement that mental harm be “prolonged” with a more broad definition that mental harm be merely “serious and non-transitory.”[40]
The third federal statute that prohibits waterboarding is entitled “Prohibition on Cruel, Inhuman or Degrading Treatment or Punishment of Persons under Custody or Control of the United States Government.”[41] This law was enacted in 2005 as part of the Detainee Treatment Act,[42] and in 2006 it was supplemented in the Military Commissions Act by a statutory provision entitled “Additional Prohibition on Cruel Inhuman or Degrading Treatment or Punishment.”[43] These civil rights laws very simply state that no person under the physical control of the United States anywhere in the world may be subjected to any “cruel, inhuman, or degrading treatment or punishment,”[44] and they each define “cruel, inhuman, or degrading treatment or punishment” to be any treatment or punishment which would violate the Fifth, Eighth, or Fourteenth Amendments to the Constitution of the United States.[45] These civil rights laws award the same rights to all prisoners who are in the custody of the United States anywhere in the world as citizens of the United States are entitled to under the Constitution. This means that if it is unconstitutional to subject prisoners in the United States to waterboarding, then it is illegal to commit this act against prisoners in the War on Terror, wherever they are being detained.
There is no doubt that waterboarding is illegal under the plain language of each of these four statutes. When it is practiced in other countries, the State Department characterizes waterboarding as “torture.”[46] Waterboarding inflicts “severe pain and suffering” on its victims, both physically and mentally, and therefore it is torture within the meaning of the Torture Act and the War Crimes Act.[47] It inflicts “serious pain and suffering” upon its victims, and it qualifies as “serious physical abuse,” therefore it is “cruel or inhuman treatment” within the meaning of the War Crimes Act.[48] Finally, American courts have ruled that when prisoners in the United States are subjected to waterboarding, it is a violation of the Fifth, Eighth, and Fourteenth Amendments, and therefore it would be a violation of 42 U.S.C. §§ 2000dd and 2000dd-0 prohibiting cruel, inhuman, or degrading treatment.[49]
One of the principal sponsors of the provisions of the Detainee Treatment Act of 2005 and the Military Commissions Act of 2006 clarifying the War Crimes Act and outlawing cruel, inhumane, and degrading treatment of prisoners was Senator John McCain, who was tortured by the North Vietnamese when he was a prisoner of war during the Vietnam War.[50] During Attorney General Mukasey’s confirmation hearings, Senator McCain and Senator Lindsey Graham, another sponsor of the legislation, issued a statement declaring that these laws were intended to prohibit waterboarding.[51] In this statement they also disclosed that when the Military Commissions Act was enacted, the Bush Administration had personally assured them that the law as written outlawed waterboarding.[52]
http://lawreview.wustl.edu/slip-opinions/waterboarding-is-illegal/
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red herring....
you and SF claimed that waterboarding specifically is mentioned as being illegal....yet, when i ask both of you to produce the law, you can't.....
don't talk about other acts, irrelevent to this specific discussion of waterboarding.....
and you would be wrong....there are laws against maiming people....
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Inhumane treatment is not legal, either and that is stated in the act and several other treaties which we have radified.
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again, at this point, it is solely your opinion that what occurred is inhumane...
that is why i said your cutting off arms and legs was logical fallacy....there laws on the books that specifically prohibit mutilation....
and i want to stress again, i have no opinion on whether this was torture or not.....
TuTu Monroe
A Realist
Nah, we'll just round you up and drop you off in the middle of the Mojave desert.
Why not offer an opinion, then, instead of just challenging the opinions of others?
Do you think waterboarding is torture? I'm sure you have seen videos of it; is it the kind of activity that you want the United States of America engaging in? Do you think it moves us closer to the behavior of terrorists, or further from it?
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i have offered my opinion on this subject numerous times.....why do you jump to conclusions?
i do not have all the facts as to this waterboarding, and neither do you.....and please.....the videos....are you actually claiming that is the sole and final factual evidence.....
if you can't differentiate the legal argument here and are only arguing your opinion, why do you bother? opinions have been said, i point out that it has not been proven as fact and you have a problem with that?
do you have a problem with facts onceler?
DamnYankee
Loyal to the end
You've created a caricature of my argument.
DamnYankee
Loyal to the end
That tells me that persistence works. *shrug*
DamnYankee
Loyal to the end
The Constitution allows the government broad powers against foreigners intent on doing us harm.
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so the constitution allows maiming?
uscitizen
Villified User
With all the fear and hatred that is beeing and has been fanned in America in recent years. I would not be suprised if we are not heading towards another McCarthy stype witch hunt. I guess this tiem we won't burn em though, just waterboard em.
How does that floating and sinking witch thing work with waterboarding?
How does that floating and sinking witch thing work with waterboarding?
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dude........lame
DamnYankee
Loyal to the end
During war, it allows that and much more. If you're talking about CIA interrogations, then maiming meets the standard definition of torture and we didn't do that.
zoombwaz
Radical Moderate Populist
Aw, shucks.