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There is much debate over the Bush proposal for military tribunals and interrogation techniques.
At the center of this debate is how to interpret Common Article III of the Geneva Convention:
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;
Here is a round-up on online links and blog commentary.
The official position of the Bush administration is here. A strong blogger defense of the president’s position from Powerline is here.
Liberal blogger Marty Ledermen says the central question is this,
Should the CIA be legally authorized to breach the Geneva Conventions by engaging in the following forms of “cruel treatment” prohibited by “common” Article 3(1)(a) of those Conventions?:
— “Cold Cell,” or hypothermia, where a prisoner is left to stand naked in a cell kept near 50 degrees, during which he is doused with cold water.
— “Long Time Standing,” in which a prisoner is forced to stand, handcuffed and with his feet shackled to an eye bolt in the floor for more than 40 hours.
— Other forms of “stress positions” and prolonged sleep deprivation, perhaps akin to “Long Time Standing.”
— Threats of violence and death of a detainee and/or his family.
The Washington Post this morning says Tribunal Dispute Could Ruin GOP Strategy
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