In her latest column, Robyn Blumner cites a forthcoming article by Judge Evan Wallach in the Columbia Journal of Transnational Law. Wallach has found a number of instances in American legal history which document the consistent classification of waterboarding as a technique of torture — which is clearly an unconstitutional practice. Among Wallach’s examples are:
- The prosecution of members of the Japanese military for their treatment of Americans during World War II. Seitara Hata was just one Japanese soldier charged with a war crime for waterboarding; Hatara was sentenced to 25 years hard labor.
- The conviction of the Sheriff of San Jacinto County for waterboarding Americans suspected of crimes in order to obtain confessions. The judge in the case said upon sentencing the Sheriff that “the operation down there would embarrass the dictator of a country.”
- When U.S. Air Force Lieutenant Colonel William Harrison came home from the Korean War, his treatment by waterboarding was showcased as an example of the immorality of his North Korean captors. His experience of waterboarding was characterized as torture.
- Army investigations of the treatment of Vietnamese detainees at the hands of American soldiers uncovered waterboarding — and specifically termed it torture.
Wallach also notes that Nazi Germany was considered especially reprihensible and guilty of war crime not only because of its extermination of Jews, Gypsies, gays, lesbians, communists, dissenters and the disabled. Nazi Germany was also considered beyond the pale — and accordingly prosecuted for war crimes — for the act of waterboarding its prisoners.
Wallach goes on in some detail to establish the long precedent in America by which waterboarding was considered a despicably odious act of torture, unforgivable even in time of war…
A despicably odious act of torture now specifically sanctioned by the Bush administration, and permitted by congressional majorities thanks to the Military Commissions Act.
Yet another one of those Republican moral values I just don’t understand.
Believe it or not, there is actually a funny video about waterboarding. ANd some cool cartoons on this site: http://deadguylives.blogspot.com
Planned Parenthood KILLED 207,000 babies last year, and you lefties get your panties in a bunch over pouring water on someone. What a bunch of effen hypocrites.
Abortion, done to protect the mother, is a healthy choice, but water boarding, done to protect the country, is torture. What BS
You just killed a “baby” right now by not impregnating your wife! What an effen hypocrite!
Amazing how the definition of “baby” can be so flexible.
.Dense Jim, Dense, Not even the same, and only someone without a shred of common sense could say what you did! Not impregnating is not the same as abortion; or at least to anyone other than a bobble headed liberal.
I know it is a waste of time, but what else do I have? The water boarding you cited in your examples is of an entirely different nature than what we did. Read history about the various techniques. The Japanese forced water into the stomachs of the prisoners and jumped on them to rupture or cause excruciating agony.
In our water boarding we poured water over a cloth to cause a feeling of panic, and suffocation. Those subjected to it were closely monitored and watched for signs of eminent catastrophic damage.
Even a reading of superficial Wikipedia on the various other examples of countries and cultures that have “water boarded” will show that there is a huge difference between methods employed by the US and other countries. As I understand it our own Special Forces troops are subjected to waterboarding to prepare them in case it is used against them by a captor.(from Wiki) “All special operations units in all branches of the U.S. military and the CIA’s Special Activities Division [123] employ the use of a form of waterboarding as part of survival school (Survival, Evasion, Resistance and Escape) training, to psychologically prepare soldiers for the possibility of being captured by enemy forces”.
There is one other aspect not yet discussed. We only water boarded a few very high value targets. Not just soldiers captured on the field, and it was done by highly trailed individuals, with medical supervision.
Jim, where are their uniforms? If you aren’t wearing a uniform then you are a spy, spies are shot, would that be better?
Way to respond to the article without addressing a single point in it. Nice job, Robert. I’m glad to see not all conservatives are incapable of a serious and thoughtful discussion.
history has little bearing on whether something is right or not. slavery is the obvious example, but many others exist. some try to alter the constitution saying society is changing and the constitution is a “living and breathing” document, and it must change with us. at the same time they say waterboarding was historically considered torture, so that can never change. so many double standards, it’s a waste of time to debate. it all comes down to this: whoever’s in charge makes the rules, and obama’s in charge. when he’s gone, the rules will change again, and again…
(and btw, what a stupid comment by jim – not worth a response)
Well, stupid me, but legal history has a lot of bearing on the legal status of an act. Who are these “some” that say this about the constitution and also discuss waterboarding history? Identify these “some.” I can understand how someone who says “blah, blah, laws, whatever, just let the president be in charge” would also say “blah, blah, drown two people 266 times, whatever.” But that’s a reflection of your priorities, not a principle of the American legal system.
Its just drowning people, whats so wrong about that
Waterboarding is wrong. I mean, pouring water over someone’s face to make them honestly believe that they’re drowning is seriously messed up. Put under that pressure, I’d say anything to get out of it. So waterboarding is both cruel and ineffective. Just saying.
Tyler, if we took your Nintendo away you would crack too! I think your mom is calling from the other room, your dinner is ready, and she made your bed for you.
We are talking about people who are dedicated to the destruction of Western civilization through murder and genocide. If it took more than one episode from them to be forthcoming, they are tougher than your average pudgy American who thinks going without a warm bath, fastfood, a coldbeer, and computer or TV is roughing it!