The Torture Memos, 10 Years Later - The Atlantic To that end, the Convention prohibits torture, assaults upon personal dignity, and execution without judgment(Article 3). regular wars. Indeed, it seemed to the U.S. government that they were in unchartered LOAC territory faced with a new class of non-State, unlawful combatant, in a new kind of international war against non-State terrorist militants and their State supporters/protectors, that was neither foreseen nor governed by the laws of war contained in the 1949 Geneva Conventions. It requires that the wounded, sick and shipwrecked be collected and cared for. Indeed, according to the Administration, even the enhanced interrogation techniques including waterboarding were lawful under both the Constitution and U.S. law, did not constitute torture, and were not in themselves inhumane. Prior to 2006, the full list of some 17 enhanced interrogation techniques (lawful sanctions) to be used on the terrorist detainees at Guantanamo only in situations of military necessity had been studied under the light of the U.S. Constitution and American LOAC obligations, and then approved and legally authorized by the U.S. Congress, meaning that the interrogation procedures were in fact being used lawfully by interrogators at Guantanamo. [22] Common Article 3 to the Geneva Conventions 1949. International treaties, agreements, pacts, conventions and protocols (including the 1949 Geneva Conventions and their 1977 Additional Protocols); International customs or practices that are so consistently repeated in modern warfare that they are accepted by States as binding law, also known as Customary International Law; Common principles of law generally recognised by civilised nations; Judicial decisions of international courts; and the. cit., p. 4. Sweden/Syria, Can Armed Groups Issue Judgments? So I supported Bush 43s decision to invade and bring Saddam down [emphasis added] (R. Gates, Duty Memoirs of a Secretary At War, New York, Vintage Books, 2014, pp. This question remains an extremely serious and crucial conundrum in the modern era of warfare and terrorism today. The principle of humane treatment requires that the wounded and sick, prisoners of war, civilians and other persons protected by IHL are treated humanely at all times. Find History on Facebook (Opens in a new window), Find History on Twitter (Opens in a new window), Find History on YouTube (Opens in a new window), Find History on Instagram (Opens in a new window), Find History on TikTok (Opens in a new window). The principle of humane treatment in IHL requires that those who fall into the hands of the enemy be treated with respect for their dignity as human beings. cit. Three were water-boarded. Articles with the HISTORY.com Editors byline have been written or edited by the HISTORY.com editors, including Amanda Onion, Missy Sullivan and Matt Mullen.
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