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3DHS / Re: I wish some of you would get your terms right
« on: September 25, 2006, 01:28:21 PM »Quote
Being humiliated is NOT torture.
On the contrary, a United Nations definition of torture in a 1987 treaty to which the United States is a signee (called UNCAT) the following is the formal definition of torture.
1. 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.
Notice that the pain or suffering can be mental and certainly humiliation can be severe enough to be considered torture. Also notice another interesting aspect of UNCAT in Article 2:
2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.
Just something to note for later.
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And taking prisoners during a time of war, does not translate into requiring automatic legal representation nor full geneva convention protections if the enemy has chosen not to abide by the requirements of being protected by them
There is no war. That's the problem. There is a policy of internment and that's nothing new or creative. It is also not very effective.