http://www.slate.com/id/2130028/
This article from Slate of Nov. 11 is a pretty damning criticism of the Bush administration’s interpretation of acceptable treatment of prisoners under US and international law. It claims that during the confirmation hearings for Attorney General Alberto Gonzales, the administration disclosed its view on the 1994 UN Convention Against Torture and Other Cruel, Inhuman, and Degrading Treatment that –
” the prohibition on “cruel, inhuman, and degrading treatment” simply does not apply to foreign detainees held outside the United States. It pointed to the fact that when Congress ratified the treaty, it stated its understanding that “cruel, inhuman, and degrading treatment” comprised conduct that would violate the United States Constitution—whose Fifth Amendment prohibits any coercion that “shocks the conscience” in interrogations. Claiming that the U.S. Constitution does not extend to foreigners overseas, the administration reasoned that the treaty prohibition on “cruel, inhuman, and degrading treatment” is similarly limited.”
The article doesn’t provide a source for reported White House views, but it points out – very reasonably I think, that the administration’s stance makes no sense.
“The Torture Convention is predicated on the principle that the conduct it prohibits is fundamentally incompatible with human dignity—and all human beings have equal dignity, regardless of their nationality, and regardless of where they are held. There is no evidence that Congress sought to limit the Torture Convention prohibition to conduct within our borders. Abraham Sofaer, who submitted the treaty to Congress on behalf of the first Bush administration, has written to Congress stating that the current administration’s position is inconsistent with the original understanding of the convention and improperly turns an effort by Congress to give substantive definition to the terms “cruel, inhuman, and degrading” into a geographical loophole that frees U.S. officials to commit actions just short of torture when acting abroad.”