I wonder if asking whether or not torture works is even relevant to the issue at hand. It seems to me that if we signed a treaty against the use of torture, we are bound by that treaty to not torture. It doesn’t matter if it worked or not, if we torture — regardless of the results — we are breaking an international treaty. Read the full treaty yourself here.
The United States ratified the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment on October 21st 1994. Article 2 of this Senate ratified and binding Convention states that:
1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.
Is Gitmo classified as a “territory under [The United States’] jurisdiction?” If so, we are bound under Article 2 to take action to prevent torture. Does that include trying and punishing those who do or did torture in order to discourage others from doing it? Where do “black sites” apply, if at all?
2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political in stability or any other public emergency, may be invoked as a justification of torture.
It is pretty clear that war or imminent threat of attack is not a legal excuse to torture. Was 9/11 a “public emergency” and/or a “threat of war?” Of course it was, but that is not an excuse to torture according to this treaty.
3. An order from a superior officer or a public authority may not be invoked as a justification of torture.
It can’t be stated much more plainly than that – The Nuremberg Defense is clearly thrown out the window here.
So it appears as if many of our questions have already been answered by this legally binding treaty signed by the US. If you want to argue against them, that’s fine, but you’ve got a big fat treaty signed by your country that says otherwise. The next logical step then is that the US is not bound by any treaties which it has signed, and that we can disregard treaties as we see fit. Is that really a road that we want to go down?
