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The federal antitorture law prohibits acts "specifically intended to inflict severe physical or mental pain or suffering," but leaves those terms undefined. seeking a definition, Bybee did not turn to the most obvious sources for interpreting the statute, such as the UN Convention against Torture and Other Cruel, Inhuman, and Degrading Treatment, which the U.S. antitorture law was designed to implement, or to the significant body of international case law and scholarly commentary interpreting that convention.
(f) "Treated humanely," "violence to life and person," "murder of all kinds," "mutilation," "cruel treatment," "torture," "outrages upon personal dignity," and "humiliating and degrading treatment" refer to, and have the same meaning as, those same terms in Common Article 3.
International - United Nations' Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment - Report
(Emphasis added.) Article 3 of the 1949 Geneva Conventions, signed by the United States and thereby part of our law, guarantees that any detained person has the right to be free from "cruel treatment and torture; outrages upon personal dignity, in particular, humiliating and degrading treatment" This right applies whether the detainee is a prisoner of war, an "unprivileged" belligerent, a terrorist, or a noncombatant Moreover, this right is in effect "in all circumstances" and "at any time and in any place whatsoever.
Despite multiple felonies, no criminal prosecutions have commenced in U.S. courts for the following: the well-documented law of war violations in the form of torture and the cruel, inhuman, and degrading treatment inflicted by Titan Corporation interpreters and CACI International interrogator contract employees of the U.S. government at Abu Ghraib (Danner, 2004:518-523; 552); numerous reports of war crimes through release of chemical weapons hi violation of international law and U.S. Department of Defense directives (Risen, 2008: 1); failure to distinguish between combatant and non-combatant targets of fire committed by mercenary armies from Blackwater (Fainaru, 2007a: 1), Unity Resources (Fainaru, 2007b: 1), and Triple Canopy (Chivers, 2006: 16), to identify only a few; and gang rapes ...
After Congress legislated changes that effectively banned "cruel, inhumane and degrading" treatment of prisoners later that year, [Alberto Gonzales], in much the same manner that President Bush arbitrarily cherry-picked which of Congress'slaws he'd adhere to by virtue of his notorious "signing state-ment," turned around and issued a second secret memo unbeknownst to Congress and the American public, declaring that the CIA's extreme interrogation techniques did not conflict with anti-torture laws. It might be noted here that historically the United States has sought to abide by the Geneva Convention regarding humane treatment of prisoners, if for no other reason than the protection of its own armed forces, should they fall into enemy hands and be subjected to torture or other coercive in...
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