The bill also expands legal protection for CIA agents, military personnel and U.S. government employees by prohibiting detainees from invoking the Geneva Conventions in court.
"At what point then is the approach of danger to be expected? I answer, if it ever reach us, it must spring up amongst us. It cannot come from abroad. If destruction be our lot, we must ourselves be its author and finisher. As a nation of freemen, we must live through all time, or die by suicide."
Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.
And this is why we are doomed as a species.
My father was a machine gunner with the Army's 28th Infantry Division, which was among the first units to march down the Champs-Elysées after the Allied liberation of Paris . In December 1944, having landed at Normandy and fought across France and Belgium, he was captured in the Battle of the Bulge, and sent hundreds of miles through northern Germany in an unheated boxcar in the dead of winter to a prison camp at Muhlberg in the east.
My father survived the war not because of the generosity of the Nazis to Jewish soldiers. The Germans must have been tempted to send captured Jewish American soldiers to Auschwitz along with Polish, German, and Dutch Jews and kindred human garbage. But they did not. My father survived because, amazingly, even the Nazis respected the reciprocal agreements on humane treatment of prisoners.
The agreement coalesced around two crucial issues: the GOP senators' insistence that Bush not be allowed to appear to reinterpret the meaning of the Geneva Conventions, and the White House's insistence that CIA officers not be subject to prosecution for aggressive interrogation techniques -- tactics that did not constitute torture but were more aggressive than "simple assault."
The biggest hurdle, Senate sources said, was convincing administration officials that lawmakers would never accept language that allowed Bush to appear to be reinterpreting the Geneva Conventions. (WaPo)
This is preeminently the time to speak the truth, the whole truth, frankly and boldly. Nor need we shrink from honestly facing conditions in our country today. This great Nation will endure as it has endured, will revive and will prosper. So, first of all, let me assert my firm belief that the only thing we have to fear is fear itself—nameless, unreasoning, unjustified terror which paralyzes needed efforts to convert retreat into advance. In every dark hour of our national life a leadership of frankness and vigor has met with that understanding and support of the people themselves which is essential to victory. I am convinced that you will again give that support to leadership in these critical days.
So, why would democratically elected leaders of the United States ever want to legalize what a succession of Russian monarchs strove to abolish? Why run the risk of unleashing a fury that even Stalin had problems controlling? Why would anyone try to "improve intelligence-gathering capability" by destroying what was left of it? Frustration? Ineptitude? Ignorance? Or, has their friendship with a certain former KGB lieutenant colonel, V. Putin, rubbed off on the American leaders? I have no answer to these questions, but I do know that if Vice President Cheney is right and that some "cruel, inhumane or degrading" (CID) treatment of captives is a necessary tool for winning the war on terrorism, then the war is lost already...
Now it appears that sleep deprivation is "only" CID and used on Guantanamo Bay captives. Well, congratulations, comrades! It was exactly this method that the NKVD used to produce those spectacular confessions in Stalin's "show trials" of the 1930s. The henchmen called it "conveyer," when a prisoner was interrogated nonstop for a week or 10 days without a wink of sleep. At the end, the victim would sign any confession without even understanding what he had signed.
I know from my own experience that interrogation is an intensely personal confrontation, a duel of wills. It is not about revealing some secrets or making confessions, it is about self-respect and human dignity. If I break, I will not be able to look into a mirror. But if I don't, my interrogator will suffer equally. Just try to control your emotions in the heat of that battle. This is precisely why torture occurs even when it is explicitly forbidden. Now, who is going to guarantee that even the most exact definition of CID is observed under such circumstances?
But if we cannot guarantee this, then how can you force your officers and your young people in the CIA to commit acts that will scar them forever? For scarred they will be, take my word for it...
Today, when the White House lawyers seem preoccupied with contriving a way to stem the flow of possible lawsuits from former detainees, I strongly recommend that they think about another flood of suits, from the men and women in your armed services or the CIA agents who have been or will be engaged in CID practices. Our rich experience in Russia has shown that many will become alcoholics or drug addicts, violent criminals or, at the very least, despotic and abusive fathers and mothers.
If America's leaders want to hunt terrorists while transforming dictatorships into democracies, they must recognize that torture, which includes CID, has historically been an instrument of oppression -- not an instrument of investigation or of intelligence gathering. No country needs to invent how to "legalize" torture; the problem is rather how to stop it from happening. If it isn't stopped, torture will destroy your nation's important strategy to develop democracy in the Middle East. And if you cynically outsource torture to contractors and foreign agents, how can you possibly be surprised if an 18-year-old in the Middle East casts a jaundiced eye toward your reform efforts there?
Finally, think what effect your attitude has on the rest of the world, particularly in the countries where torture is still common, such as Russia, and where its citizens are still trying to combat it. Mr. Putin will be the first to say: "You see, even your vaunted American democracy cannot defend itself without resorting to torture. . . . "
Off we go, back to the caves.
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