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       Friday, September 22, 2006

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Defining Torture

The compromise being touted regarding torture has plenty of detractors. In many cases the support or opposition to it seems to be political. It is refreshing to see the well thought out thoughts of Prof. Paust when he argues the compromise is dangerous to our interrogators because it leaves them in a state of legal limbo.
It is important to remember the historical context of these protections. The Nuremburg Trials did not turn on whether or not the Germans were following orders. It was freely admitted and unreservedly accepted many of the things they were on trial for were done under orders from superiors. This was a case of junior officers trying to avoid prosecutions for crimes on the strength of the argument they were protected by military law. A brief look at the outcomes of those trials proved the victorious Allies took a different view.
Paust argues the compromise puts our interrogators in similar jeapordy. They will have no clear direction on what will and what will not constitute a war crime. It is not U.S. law but international law that will lead to their prosecution if we as a nation fail to abide by the treaties we willingly signed.
We have, as a nation, always taken pride in doing things the "right" way. We don't stoop to the levels of our opponents but operate based on human decency and goodness. The debate over torture threatens to remove us from the moral high ground and now we know there is legal danger as well.



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posted by Darth Weasel at 3:24 PM  

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