JUSTIFIABLE TORTURE? Members of the Senate intelligence committee asked CIA attorneys to explain what types of torture it considers legal when interrogating prisoners. The CIA’s response raised more questions than it answered.

According to Justice Department letters released to the New York Times yesterday, the U.S. government allows inhumane and illegal torture techniques in certain situations. It remains unclear, however, just what those techniques are and which situations warrant their use.

United States Violates International Torture Law

Sen. Ron Wyden (D-Ore.) sits on the Senate intelligence committee. He wanted to find out just what kinds of torture the Bush administration deems acceptable when questioning suspected terrorists. He asked the Department of Justice to explain, which it did in letters sent last September and March.

In these letters, Justice Department lawyers explained how the Bush administration interprets the Geneva Conventions, and what types of torture techniques it allows. The Geneva Conventions are

• a series of international treaties,
• signed into law by 194 countries-including the United States-in 1949,
• prohibiting torture that involves "outrages against personal dignity" and other inhumane treatment.

CIA Torture Policy: It Depends

The U.S. government has violated the Geneva Conventions during its war on terrorism in Iraq and Afghanistan. Why? U.S. intelligence agencies such as the CIA believe it does not apply to terrorism suspects.

Last month, President Bush vetoed legislation prohibiting interrogation methods such as water boarding. Water boarding makes victims feel as if they are drowning. By vetoing the legislation prohibiting it, Bush is saying it's okay to water board people in certain situations.

Bush said these sorts of extreme techniques, although illegal according to the Geneva Conventions, are tools in the U.S.'s war on terror. They have helped to disrupt terrorist plots and prevent terrorist attacks on Americans in the United States and soldiers abroad.

But the Justice Department and Bush administration have not been clear about what other kinds of techniques they consider permissible. This ambiguity and secrecy confused Congress and the public about America's policy on torture.

Torture Risk for Americans?

"The Geneva Convention in most cases is the only shield that Americans have when they are captured overseas," said Sen. Wyden's spokeswoman, Jennifer Hoelzer." And for the president to say that it is acceptable to interpret Geneva on a sliding scale means that he thinks that it is acceptable for other countries to do the same. Senator Wyden-and I believe any other reasonable individual-finds that argument appalling." (Washington Post, 4/27/08)

Still, the Bush administration stands by their policies. "[The CIA's interrogation program] has been and continues to be in full compliance with the laws of our country," said CIA spokesman Mark Mansfield. "The program has disrupted terrorist plots and has saved lives." (Washington Post, 4/27/08)

Copyright © 2008 Informify

Sources

"Administration Says Particulars May Trump Geneva Protections" (Washington Post)

"US Justice Department Sends Letters to Congress Defending Interrogation Techniques" (Voice of America)

"Justice Department Letters Cloud Legal Understandings of 'Torture'" (Wall Street Journal)

"Geneva Conventions" (Wikipedia)

Question for Readers:

Do you think inhumane forms of torture are justifiable when prisoners may be withholding information that could save lives?