Legality of Bush Torture Techniques

Starting no later than August 2003, the Bush Administration’s CIA employed ‘enhanced interrogation techniques’ on detained suspected terrorists that included, but were not limited to; beating, waterboarding, beating with collar, exposure to extreme heat, exposure to extreme cold, forced nudity, sleep deprivation, denial of solid food, placement in claustrophobic situations, exposure to insects, exposure to unpleasant substances, threatening, sexual harassment and sexual commentary of a derogatory nature, religious commentary of a derogatory nature, personal commentary of a derogatory nature, stress standing, and threats. These techniques were authorized for use by Justice Department lawyers, and most, if not all, top level Bush Administration officials knew of the use of these techniques. These ‘enhanced interrogation techniques’ are illegal, were known to be illegal by those who authorized them, and have caused and will cause many negative ramifications in the United States and around the world.
The techniques authorized for CIA use at detention centers like Gitmo at Guantanamo Bay, Bogram Air Base in Afganistan, and Abu Ghraib in Iraq include many different illegal techniques. Waterboarding alone is illegal under many international treaties and agreements. The ‘enhanced interrogation techniques’ are illegal under the Geneva Conventions Against Torture, the Torture Act, the Detainee Treatment Act, and Article eight of the US Bill of Rights (and the manner in which they are carried out is against articles five and six). The United States has agreed to act lawfully under those treaties and laws along with several other countries. So, the techniques that are known to have been authorized and employed in the United States are illegal under both national and international law and break several key wartime treaties. Looking at past precedent, the United States successfully prosecuted Japanese soldiers who authorized and employed similar techniques, most notably waterboarding, after World War II. The other part of the use of these techniques that constitutes as an illegal act is the time when Congress what notified about their employment. There still is debate about when and how sufficiently Congress was informed, and, depending on the outcome of the debates, the information could constitute another legal charge.

1 comments:

Anonymous | December 30, 2009 at 1:11 AM

Firstly, I agree with you on many points of your discussion and your references and facts seem solid, and are presented magnificently. However in my skimming of your article the phrase "Bush Administration’s CIA" stood out. In the sinning of the National Security Act of 1947 by president Truman the CIA was created, 63 years have since elapsed in which I think it is safe to say that the CIA has been engaging in questionable. While I am not diminishing the responsibility of the bush administration in the matter at hand it seems to me to be incorrect to refer to it as "Bush Administration’s CIA” or the title of "legality of Bush Torture techniques" when it has most likely been happening for several administrations.
Also your statement that reads "These techniques were authorized for use by Justice Department lawyers, and most, if not all, top level Bush Administration officials knew of the use of these techniques" Bush Administration officials where by far not the only governing/supervising party of the CIA. Despite Speaker Pelosi's claims that she had no knowledge of the use of enhanced interrogation techniques the CIA has since declassified documents showing that she and several other people who also where not “top level Bush officials” who were in positions power were present in the September of 2002 briefing regarding matter and present in several other meetings that were called to evaluate the CIA's involvement into the alleged prevention of terrorist attacks, whether interrogation techniques were actually a factor in the prevention of said “terrorist attacks” is irrelevant to the fact that the techniques where discussed. The Bush Administration is most likely the “guiltiest” party I think it rich of people to criticize the Bush and administration officials when several other prominent members of government were also aware of the interrogation methods being used.
In hindsight I think it is safe to say that most people feel that the interrogation of these prisoners where brutal and reprehensible but at the time were viewed as necessary. The primary goal of officials was the protection and welfare of the American people, as shown by meaning behind the patriot act and the declaration of war.
Once again I would like to offer congratulation on your site which I think is a masterpiece.

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