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Moral Clarity — Why Now?
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Moral Clarity

In the English Bill of Rights of 1689 it says:

That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted;

This was essentially copied for the Eighth Amendment to the United States Constitution:

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

With a more detailed discussion provided by the decision in Furman v. Georgia, 408 U.S. 238 (1972).

The Geneva Conventions provides for much the same thing in:

Article Three

In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:

  1. Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed ‘hors de combat’ by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:
    1. violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
    2. taking of hostages;
    3. outrages upon personal dignity, in particular humiliating and degrading treatment;
    4. the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples.
  2. The wounded and sick shall be collected and cared for.

An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.

The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.

The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.

Some have compared torture to “hazing”, and the state of Florida would agree in criminal statute 1006.63 Hazing prohibited.–

(1) As used in this section, “hazing” means any action or situation that recklessly or intentionally endangers the mental or physical health or safety of a student for purposes including, but not limited to, initiation or admission into or affiliation with any organization operating under the sanction of a postsecondary institution. “hazing” includes, but is not limited to, pressuring or coercing the student into violating state or federal law, any brutality of a physical nature, such as whipping, beating, branding, exposure to the elements, forced consumption of any food, liquor, drug, or other substance, or other forced physical activity that could adversely affect the physical health or safety of the student, and also includes any activity that would subject the student to extreme mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct that could result in extreme embarrassment, or other forced activity that could adversely affect the mental health or dignity of the student. Hazing does not include customary athletic events or other similar contests or competitions or any activity or conduct that furthers a legal and legitimate objective.

It’s illegal when you call it “hazing”, too.

When the President and his cronies oppose outlawing torture, they give lie to their “a few bad apples” excuse for what happened at Abu Ghraib. When they claim that the rules are vague, they are trying to cover up what they have done, trying to avoid admitting they have ordered and condoned the use of torture in violation of American and international law. They constantly violate laws and claim they are protecting the nation.

Torture only provides one piece of solid, incontrovertible information: those who do it are morally corrupt.

2 comments

1 Steve Bates { 09.21.06 at 6:34 pm }

When the President and his cronies oppose outlawing torture, they give lie to their “a few bad apples” excuse for what happened at Abu Ghraib.

Exactly so. Bush has been morally bankrupt, along with many of the neocons, from the outset; amorality is almost a tenet of their political philosophy. This is just the final working out in public of the approach they have taken since before Bush’s first day in office. At least I hope it’s the final appearance.

I regret that I can no longer even consider giving Bush & Co. the benefit of a doubt. Their execrable behavior is premeditated, not the result of good intentions gone wrong. Bush personally is a man who enjoys seeing people hurt or killed; I witnessed that when he was governor of Texas… the last office to which he was unquestionably legitimately elected. I regret that the voters of Texas have some part in having inflicted this morally wayward man on America. Believe me, many of his supporters here would not condone torture… but many of his supporters here and elsewhere were deliberately deceived in this as in so many other matters.

At times like this, I wish I believed in a Hell. Some people belong there.

2 Bryan { 09.21.06 at 7:14 pm }

They are trying to provide legal cover for themselves and it won’t stand up in court. They would need a Constitutional amendment to protect themselves, and they are not going to get it.