International and U.S. law prohibits torture and other ill-treatment of any person in custody in all circumstances. The prohibition applies to the United States during times of peace, armed conflict, or a state of emergency. Any person, whether a U.S. national or a non-citizen, is protected. It is irrelevant whether the detainee is determined to be a prisoner-of-war, a protected person, or a so-called “security detainee” or “unlawful combatant.” And the prohibition is in effect within the territory of the United States or any place anywhere U.S. authorities have control over a person. In short, the prohibition against torture and ill-treatment is absolute.
The following summary sets out the major international legal obligations of the United States and various legal bases by which U.S. officials, military personnel and others could be prosecuted for torture or other mistreatment of persons held at U.S. military and intelligence detention facilities. Included are web links to the cited international conventions and federal statutes.
I. International Humanitarian Law and the Geneva Conventions
The primary source of international humanitarian law (also called the laws of war) is the four Geneva Conventions of 1949, which the United States ratified in 1955. The Third Geneva Convention concerns prisoners-of-war; the Fourth Geneva Convention safeguards so-called “protected persons,” most simply described as detained civilians. Detainees must at all times be humanely treated (Geneva III, art. 13, Geneva IV, art. 27). Detainees may be questioned, but any form of “physical or mental coercion” is prohibited (Geneva III, art. 17; Geneva IV, art. 31). Women shall be protected from rape and any form of indecent assault (Geneva IV, art. 27).
Torture or inhuman treatment of prisoners-of-war (Geneva III, arts. 17 & 87) or protected persons (Geneva IV, art. 32) are grave breaches of the Geneva Conventions, and are considered war crimes (Geneva III, art. 130; Geneva IV, art. 147). War crimes create an obligation on any state to prosecute the alleged perpetrators or turn them over to another state for prosecution. This obligation applies regardless of the nationality of the perpetrator, the nationality of the victim or the place where the act of torture or inhuman treatment was committed (Geneva III, art.129; Geneva IV, art. 146).
Detainees in an armed conflict or military occupation are also protected by common article 3 to the Geneva Conventions. Article 3 prohibits “[v]iolence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; …outrages upon personal dignity, in particular humiliating and degrading treatment.”
Even persons who are not entitled to the protections of the 1949 Geneva Conventions (such as some detainees from third countries) are protected by the “fundamental guarantees” of article 75 of Protocol I of 1977 to the Geneva Conventions. The United States has long considered article 75 to be part of customary international law (a widely supported state practice accepted as law). Article 75 prohibits murder, “torture of all kinds, whether physical or mental,” “corporal punishment,” and “outrages upon personal dignity, in particular humiliating and degrading treatment, … and any form of indecent assault.”
The link has all the details
2007-11-02 10:09:32
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answer #1
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answered by justgoodfolk 7
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The problem across the globe regarding torture is that everybody has their own definition and what constitutes it.
If ever all countries across the globe can reach an agreement on this torture issue, maybe, just maybe, there will be a chance for world peace after all.
2007-11-02 17:47:42
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answer #2
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answered by Michael M 6
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Ok, first off there is no such thing as international law. There is no world government in place to enforce international law and there is no sovereign state in the world who would submit to such an entity. The UN is not a governemnt body who has any authority to enforce the treaties and resolutions that are signed by its members. Member nations agree to abide by the resolutions and treaties as long as they do not interefere or usupr their own national laws and self interests. Second, the Geneva Convention is not a law, it's a treaty.
2007-11-02 17:18:18
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answer #3
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answered by dr_law2003 3
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Well, the international law clearly states that it is OK to cut off the heads of non-military "combatants" and video record it for the pleasure of the masses*, however, dunking some scumbag's head under water for a minute or so is COMPLETELY unacceptable and must be condemned by the U.N. and the peace-loving world at large.
* This is acceptable provided such torture is not administered by an American or any of their "affiliates".
2007-11-02 17:07:12
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answer #4
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answered by Bumblebee711 5
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Making the helpless victim stare at a picture of Rosie O'Donnel for 20 minutes or longer.
But cover your ears, the shreeking will be bone-numbing!
2007-11-02 17:13:51
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answer #5
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answered by ? 6
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Internation Law
" US & US torturing is O.K. but others can't "
2007-11-02 17:16:09
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answer #6
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answered by Whitest_American 3
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