Was it torture - You decide - the deifinitions

According to the American Heritage Dictionary:
Torture:
Infliction of severe physical pain as a means of punishment or coercion.
An instrument or a method for inflicting such pain.
Excruciating physical or mental pain; agony: the torture of waiting in suspense.
Something causing severe pain or anguish

According to International Law:

International Covenant on Civil and Political Rights, 1966


Article 7

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984

Article 1

For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

Crime against humanity of torture

Elements

The perpetrator inflicted severe physical or mental pain or suffering upon one or more persons.

Such person or persons were in the custody or under the control of the perpetrator.

Such pain or suffering did not arise only from, and was not inherent in or incidental to, lawful sanctions.

The conduct was committed as part of a widespread or systematic attack directed against a civilian population.

The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population.

2. For the purpose of paragraph 1:
(e) "Torture" means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;


Article 8 (2) (a) (ii)-2

War crime of inhuman treatment

Elements

The perpetrator inflicted severe physical or mental pain or suffering upon one or more persons.

Such person or persons were protected under one or more of the Geneva Conventions of 1949.

The perpetrator was aware of the factual circumstances that established that protected status.

The conduct took place in the context of and was associated with an international armed conflict.

The perpetrator was aware of factual circumstances that established the existence of an armed conflict.


Geneva Convention: (You have to read it to see all the violations we are committing):

http://www.us-israel.org/jsource/History/Human_Rights/geneva1.html

the freeps only look at the what's happening on the surface, i.e. the "humiliation" which can easily be spun away for them; (big surprise huh) but it clearly states: Excruciating physical or mental pain; agony: the torture of waiting in suspense. For the Iraqi people who put such a high value on Dignity, and Modesty-it's torture. Nevermind the pics of rape and murder which are forthcoming.


failure.

hkjfg

The photgraphs showing torture of Iraqi detainees by Americans present one issue of this, but what about the various other policies being instituted in Iraq, Afghanistan, and Gitmo where we are in clear (not fuzzy) violation of the Geneva Convention?

I was a political science major in college, and studied International Law in depth. We are violating International law in so many areas right now that it is almost impossible to keep up with all of them. Just a few to consider:

First: Who is protected by the Geneva Convenrion? Our government would suggest that Iraq is NOT protected by the Geneva Convention, because Iraq did not abide by the Convention. Well here's what the Geneva Convention says:
"Persons protected by the Convention are those who, at a given moment and in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which they are not nationals." (general provisions art.4) and "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." (art. 2)

Second: Does the Geneva Convention apply since this is not a "declared war?"
"In addition to the provisions which shall be implemented in peace-time, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them." (general provisions art. 2).

Article 13 of the 3rd Geneva Convention states:
"Prisoners of war must at all times be treated humanely"
"Prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public courtesy."
Article 17 states: "No physical or mental torture, nor any other forms of coercion, may be inflicted on prisoners of war to secure from them information of any kind . . ."

And Bush said he was sorry the photos got out. So everything is okay now. Our troops will be welcomed with floral program related activities very soon. And our children will sing great songs about us. After all, the adults are in charge.

Send Rush Packing!
http://www.geocities.com/sendhimpacking/