« Nuremberg War Trials Ruled Unconstitutional; Descendants Of Executed Nazis May Sue US For Millions | Main | NYT Seems To Admit They Harmed National Security »
June 29, 2006

Even Worse: SC Rules Geneva Conventions Apply To Al Qaeda

Via Confederate Yankee comes this from SCOTUSblog:

Even more importantly for present purposes, the Court held that Common Article 3 of Geneva aplies as a matter of treaty obligation to the conflict against Al Qaeda. That is the HUGE part of today's ruling. The commissions are the least of it. This basically resolves the debate about interrogation techniques, because Common Article 3 provides that detained persons "shall in all circumstances be treated humanely," and that "[t]o this end," certain specified acts "are and shall remain prohibited at any time and in any place whatsoever"—including "cruel treatment and torture," and "outrages upon personal dignity, in particular humiliating and degrading treatment." This standard, not limited to the restrictions of the due process clause, is much more restrictive than even the McCain Amendment. See my further discussion here.

This almost certainly means that the CIA's interrogation regime is unlawful, and indeed, that many techniques the Administation has been using, such as waterboarding and hypothermia (and others) violate the War Crimes Act (because violations of Common Article 3 are deemed war crimes).

If I'm right about this, it's enormously significant.

Yup.


digg this
posted by Ace at 02:02 PM

| Access Comments




Recent Comments
Mike Hammer, etc., etc.: " I suspect he bought his materials, planned his at ..."

Lizzy[/i]: ">>Let's say for the sake of argument that he ..."

FenelonSpoke: "Posted by: Yor, the Hunter from the Future at Dece ..."

Tom Servo: ""I wasn't paying attention to that sh*t pot story. ..."

Mr. Peebles: "I want Fox held responsible for the Jones+10 poll ..."

joncelli, because somebody had to: "341 I suspect he bought his materials, planned his ..."

The Great White Scotsman: ">>>>Posted by: The Great White Scotsma ..."

GWB: ""filed a unique lawsuit" No, it's not unique. Th ..."

Yor, the Hunter from the Future: "Whoa Nellie (Ohr), said no one ever. WTF is with t ..."

Insomniac - Nobody in Particular: "Almost forgot - Happy Rapey Tuesday everyone! Time ..."

Jean: "I suspect he bought his materials, planned his att ..."

Mike Hammer, etc., etc.: "Why is it that Menendez, actually charged and pros ..."

Recent Entries
Search


MuNuvians
Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Top Top Tens
Greatest Hitjobs

The Ace of Spades HQ Sex-for-Money Skankathon
A D&D Guide to the Democratic Candidates
Margaret Cho: Just Not Funny
More Margaret Cho Abuse
Margaret Cho: Still Not Funny
Iraqi Prisoner Claims He Was Raped... By Woman
Wonkette Announces "Morning Zoo" Format
John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia
World Muslim Leaders Apologize for Nick Berg's Beheading
Michael Moore Goes on Lunchtime Manhattan Death-Spree
Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears
Liberal Economists Rue a "New Decade of Greed"
Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility
Intelligence Officials Eye Blogs for Tips
They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan
Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq
Leather-Clad Biker Freaks Terrorize Australian Town
When Clinton Was President, Torture Was Cool
What Wonkette Means When She Explains What Tina Brown Means
Wonkette's Stand-Up Act
Wankette HQ Gay-Rumors Du Jour
Here's What's Bugging Me: Goose and Slider
My Own Micah Wright Style Confession of Dishonesty
Outraged "Conservatives" React to the FMA
An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear
The Story the Rightwing Media Refuses to Report!
Our Lunch with David "Glengarry Glen Ross" Mamet
The House of Love: Paul Krugman
A Michael Moore Mystery (TM)
The Dowd-O-Matic!
Liberal Consistency and Other Myths
Kepler's Laws of Liberal Media Bias
John Kerry-- The Splunge! Candidate
"Divisive" Politics & "Attacks on Patriotism" (very long)
The Donkey ("The Raven" parody)
News/Chat
Archives
Powered by
Movable Type 2.64