Apr 26, 2008 03:10AM GMT
Question
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Politics - United States
Is Waterboarding Torture? Is it ever Jusitified?
http://www.youtube.com/watch?v=OZleq0KJfLo
http://www.youtube.com/watch?v=Rfpo1Ppqlho
A review of US Code and a little Rational Editorial
TITLE 18 > PART I > CHAPTER 113C > § 2340
Definitions
As used in this chapter—
(1) “torture” means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control;
(2) “severe mental pain or suffering” means the prolonged mental harm caused by or resulting from—
(A) the intentional infliction or threatened infliction of severe physical pain or suffering;
(B) the administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt profoundly the senses or the personality;
(C) the threat of imminent death; or
(D) the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind-altering substances or other procedures calculated to disrupt profoundly the senses or personality; and
(3) “United States” means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States.
According to US Code;
(1) “torture” means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control;
And Mental Pain and Suffering is;
(C) the threat of imminent death.
Last time I checked Drowning causes death, so by my understanding the method of Waterboarding gives the threat of imminent death, and by definition of OUR LAWS must therefore be torture.
Now to observe why the location of waterboarding is not relevent
TITLE 18 > PART I > CHAPTER 113C > § 2340A.
Torture
(a) Offense.— Whoever outside the United States commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life.
(b) Jurisdiction.— There is jurisdiction over the activity prohibited in subsection (a) if—
(1) the alleged offender is a national of the United States; or
(2) the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender.
(c) Conspiracy.— A person who conspires to commit an offense under this section shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the conspiracy.
(b) Jurisdiction.— There is jurisdiction over the activity prohibited in subsection (a) if—
(1) the alleged offender is a national of the United States;
So as long as the offender is a US national (Citizen) it is torture and punishable under US Code.
MalcolmNance Describing Waterboarding and the power of the information provided by such means...
http://www.youtube.com/watch?v=WnLy6lqKOmk
Mind you folks I did not bring up the Geneva Convention either, just OUR LAWS...
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raves posted Jul 02, 2008 10:41AM GMT
Answered Sure it is torture, but torture can be justified
Giving someone the impression they are drowning is certainly torture, may not involve physical pain but I believe its psychological torture.
With that said I not only think it is justified in dealing with these terrorists but that waterboarding is not torturous enough for these heartless scumbags -
raves +1 posted May 30, 2008 06:48PM GMT
Answered Sure it is torture, and torture is never justified
It's most definitely torture. What pisses me off, is that the Japanese were convicted of doing this to American POWs, and those Japanese men were convicted and put to death. But ...of course, it's okay only if we do it. Nobody should do it, regardless of nationality. But, that's so typical of us. -
raves +1 posted May 29, 2008 03:24PM GMT (edited)
Answered Sure it is torture, and torture is never justified
This is a disgusting act that should be stopped. Why has every other president dismissed torture and this inhuman treatment. It does not work as people that are tortured will say anything to stop the torture. -
raves +2 -1 posted May 23, 2008 01:26PM GMT (edited)
Answered Sure it is torture, and torture is never justified
I just read about water boarding the other and experiences. I for one have nearly drowned, and let me tell you all, it's not a peaceful way to go... Why not bring back the original water board
or the cats bridle 
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raves +2 -1 posted May 14, 2008 10:58PM GMT
Answered Sure it is torture, but torture can be justified
Nadler says these techniques are ineffective. Just how in the crap would he know? That's total BS.
This is war folks. If waterboarding gives us any information that can save at least one American life, then it is justified. -
raves +4 -1 posted May 14, 2008 10:22PM GMT
Answered Nope it is not torture, but if it was it is justafiable in cases
i would "waterboard" my own mother to save my kids lives. This is happening to suspect tarrorists who are bent on killing everone in the U.S. They are lucky to be held in our prisons. Other contries would just shoot them and burn the body. I'm not realy against all that... -
raves +1 -1 posted May 14, 2008 09:52PM GMT
Answered Sure it is torture, and torture is never justified
It's kinda sad that we've gotten to a point where this is even a question. I still remember the days when we at least made the argument that this kind of thing separated us from the Soviet Union. Although even back then some Americans thought we were weak for taking that stance. I guess that's why we outlasted the Soviet Union. -
raves +1 May 14, 2008 11:04PM GMTI understand where you're coming from, but that is not the reason we outlasted the Soviet Union. The Soviets lost the Cold War because of our not backing down. If we had the same stance throughout the '90's, then maybe bin Laden would've thought twice about screwing with us.
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raves -1 posted May 14, 2008 09:10PM GMT
Answered Undecided
I would never want an innocent to be tortured but who is innocent in a war? When evil men kill and mame innocents I don't care if you skin them alive and then pour salt on them. You cannot fight evil with one arm tied behind your back. In any fight you fight to win and kill the enemy, defining or excluding anything is foolish and will only bring defeat. If history has taught us anything, the lesson we have learned is that the human being can and will kill and torture their on species. Would dipping a imman in pigs blood be torture? Run them naked through the streets while zeroing in a sniper....who cares, kill one of us and the rules go out the window.
Answered Sure it is torture, and torture is never justified
Well, then I will bring it.......http://www.unhchr.ch/html/men...
"....GENERAL PROTECTION OF PRISONERS OF WAR
Article 12
Prisoners of war are in the hands of the enemy Power, but not of the individuals or military units who have captured them. Irrespective of the individual responsibilities that may exist, the Detaining Power is responsible for the treatment given them.
................................
Article 13
Prisoners of war must at all times be humanely treated. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited, and will be regarded as a serious breach of the present Convention. In particular, no prisoner of war may be subjected to physical mutilation or to medical or scientific experiments of any kind which are not justified by the medical, dental or hospital treatment of the prisoner concerned and carried out in his interest.
Measures of reprisal against prisoners of war are prohibited."