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Enhanced Interrogation
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Enhanced Interrogation

Way Back in December of last year, I read a friend’s blog (http://raquelevita.wordpress.com/2007/11/02/rudy-giuliani-if-it-was-good-enough-for-pol-pot-it-might-be-good-enough-for-me/) about Rudy Giuliani and his position on Water Boarding. Prior to reading my friend’s commentary, I confess, I hadn’t really given the subject much thought. As an Army Reservist, my focus had always been on training for inevitable deployment. I saw myself as a Warrior, not a Policy Maker nor Politician. Those functions were reserved for smarter people than me – people who weren’t so thick they actually had to repeat two grades in school, like I did. My Military Job is more in keeping with my Academic Achievement – I’m a Truck Driver. In the scheme of things, I have one function and that is to transport the materials that the Infantry (or as I call them, the Bullet Sponges) and other Service Branches need to survive their deployments. I’m not Infantry, I’m not Military Intelligence (I’ll resist the obvious joke there) and I’m not Special Forces or Civil Affairs…I’m a freakin’ Truck Driver. That’s my Official Function. However, I’ve since realized I’m also a Citizen…and a Voter. Consequently, I’ve spent the last 8 months re-reading the Declaration of Independence, the Constitution, the Articles of the Geneva Convention, carefully examining my feelings on torture…oops, I mean Enhanced Interrogation.

The Declaration of Independence is very clear on the issues of Life, Liberty and the Pursuit of Happiness for the American Colonists and Future Generations of the country the writers were founding, as well as the responsibilities of the Governed when the Governors no longer support this Holy Trinity of Human Rights:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it…

It’s pretty clear to me that our Founding Fathers believed in and supported Human Rights. While the Constitution doesn’t explicitly outline our government’s position on torture…oops, there I go again, I of course mean Enhanced interrogation…there are several areas where it refers to the Rights of American Citizens: The first ten Amendments (reaffirmed by the Fourteenth Amendment) make up the Bill of Rights:

1st Amendment: As I’ve mentioned many, many times before, guarantees that, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”
2nd Amendment: guarantees that, “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” Note the absence of any language regarding terrorizing small woodland creatures with an AK47 on a belly full of beer, just for sport…but that’s a soap box for another day…
3rd Amendment: Doesn’t really apply to the questions I’m struggling with (as of this writing) as it primarily deals with quartering soldiers in peace time.
4th and 5th Amendments: deal with illegal search and seizures and the right against self incrimination. Again these two are not really applicable to my current concern…but nice to know.
6th Amendment: deals with the right to speedy trials – Guantanamo Bay not withstanding.
7th Amendment: deals with the right to Trial by Jury – again, Guantanamo Bay not withstanding.
8th Amendment: protects Citizens form “…cruel and unusual punishments…” so, clearly the Government of the United States is prohibited from using Enhanced interrogation techniques on American Citizens.
9th Amendment: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” So again, the basic Human Rights of American Citizens cannot be taken away…. Good to know.
10th Amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”
14th Amendment: “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” Note the absence of any language identifying this right as solely reserved for American Citizens. It clearly states any person within its jurisdiction - hence, Guantanamo Bay.

Both of these documents are very clear on the Human and Civil Rights of Americans. Only the 14th Amendment hints at extending these rights to non-citizens who find themselves within the jurisdiction of a State. However, they say nothing specifically about the treatment of our enemies or Prisoners of War. So, I turned to the Articles of the Geneva Convention (http://www.unhchr.ch/html/menu3/b/91.htm) for answers. As a soldier, I carry a Geneva Conventions Identification Card that identifies my Geneva Convention Category. Here’s what the Geneva Convention says about Human Rights:

Article 2: “In addition to the provisions which shall be implemented in peace time, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them.
The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance.
Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.”
Article 3: “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:
(a) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(b) Taking of hostages;
(c) Outrages upon personal dignity, in particular, humiliating and degrading treatment; (d) 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.”

It’s been pointed out in many a discussion on this subject that the Terrorists themselves are clearly not following the Geneva Convention. I can’t help but think about Nick Berg when I read Section (d) under Article 3. Not to mention the fact that they blatantly disregarded the entire Geneva Convention when they flew two planes into non-military buildings in New York on September 11th, 2001.
The Official Bush position on the “Global War on Terror” is: It’s an unconventional war so the Geneva Convention doesn’t apply to Terrorist Detainees.

So, where does all this infuriatingly contradictory information leave me? My initial question upon reading my friend’s blog remains: What are my basic Human Rights described in the Declaration of Independence and protected by the Constitution of the United States of America worth, if they are maintained at the expense of the Geneva Convention and another human being’s Human rights?
Given my immense capacity for anger, would I be tempted to beat information out of somebody? Probably…. Does that make it right?
Ultimately, I must keep my own council on this issue. With my parent’s memory, my own gut and Conscience as my guide…if it feels wrong…it probably is.
What are your thoughts? I’m interested in hearing them.

August 26, 2008 | 7:46 AM Comments  0 comments

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