The deceptive Andrew Sullivan calls coercive interrogation defenders
ignorant because they allegedly don’t know that Article 3 of the Geneva Conventions bans “waterboarding, forced nudity, total sensory deprivation, slamming against walls, multiple beatings, hypothermia, stress positions, hooding, phobias (dogs, insects), confined coffin-like spaces, and brutal long-term sleep deprivation.”
How does he prove his point? By citing
commentary about Article 3, of course! In Sullivan’s world, approved commentary = fact:
Article 3 has been called a “Convention in miniature.” It is the only article of the Geneva Conventions that applies in non-international conflicts.
It describes minimal protections which must be adhered to by all individuals within a signatory’s territory during an armed conflict not of an international character (regardless of citizenship or lack thereof): Noncombatants, combatants who have laid down their arms, and combatants who are hors de combat (out of the fight) due to wounds, detention, or any other cause shall in all circumstances be treated humanely, including prohibition of outrages upon personal dignity, in particular humiliating and degrading treatment. The passing of sentences must also be pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples. Article 3′s protections exist even though no one is classified as aprisoner of war.
The article text for Article 3 of the Second Geneva Convention differs from the other three Conventions in that it adds “shipwrecked” to the “wounded and sick.”
Article 3 also states that parties to the internal conflict should endeavour to bring into force, by means of special agreements, all or part of the other provisions of the Geneva Conventions.
Oh no! Whatever will the “torture lovers” do when they read this? Sullivan triumphantly beats his chest and authoritatively declares:
Notice that this isn’t just a ban on “torture” however legally parsed. But a ban on all inhuman treatment, including outrages on personal dignity.
Yes, Sullivan, that IS indeed what the
commentary is implying. So, why, oh
why, did he NOT cite the full text instead of
commentary? What a GREAT question!
That would be because the spirit of the full text doesn’t fulfill Sullivan’s neurotic need for reality to conform to his viewpoint.
Here is the
FULL TEXT of Article 3
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;
(d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.
(2) The wounded and sick shall be collected and cared for.
An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.
The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.
The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.
My, my OH my – isn’t THIS interesting? So, according to Article 3 Section 1a, “torture” is grouped with “violence to life and person, in particular murder of all kinds, mutilation, cruel treatment.” That effectively excludes ALL of the coercive interrogation techniques used by the CIA; that would mean that they aren’t classified as torture. That’s what Sullivan means by “legally parsed;” yeah, that crazy technical leagalese, LOL.
Now it’s clear why Sullivan deceptively quoted commentary and tried to pass it off as the actual Article 3 – it makes him look like a dunce and obliterates his huffy puffy arguments on “torture.”