Tricky Torture Tactics
Coelacanth.
Posted to Politics on Sat Sep 23, 2006 at 06:17:58 PM EST. RSS.
The White House has reached a compromise with a group of moderate Republican senators holding up proposed legislation on detainee treatment. Of specific concern is whether secret CIA interrogation tactics adhere to the Geneva Conventions.
As compromises go, however, this one is rather one-sided. The administration got the two things it most wanted. First, immunity from prosecution for past violations of the Geneva Conventions. The second is described here, from the WP article:
The White House, for its part, yielded in its demand to adopt, with congressional approval, a restricted definition of its obligations under Common Article 3 of the Geneva Conventions. That article requires humane treatment of detainees and bars "violence to life and person," such as death and mutilation, as well as cruel treatment and "outrages upon personal dignity."The compromise language gives the president a dominant -- but not exclusive -- role in deciding which interrogation methods are permitted by that provision of the treaty. It also prohibits detainees from using the Geneva Conventions to challenge their imprisonment or seek civil damages for mistreatment, as the administration sought.
The specific language of the compromise can be found in this brief document (pdf). Section 8 (har!) appears to give the President broad latitude to define what constitutes a breach of the Conventions, and were one to be found, states that the U.S. will deal with it internally and unilaterally.
Is this a compromise at all, or was it merely an opportunity for the McCain-led group of Senators to stake out the moral high ground, without actually changing administration policy? And where were the Democrats when this was happening? Oh, right here:
Democrats sounded a cautious note about the Republican accord, calling attention to the past Republican division rather than taking a position on the compromise.
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