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Fortinbras Armstrong

(4,477 posts)
28. Yes, it is against the law
Mon Sep 8, 2014, 06:18 AM
Sep 2014

The applicable US law is 18 U.S.C. § 2340

As used in this chapter—

(1) “torture” means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control;

(2) “severe mental pain or suffering” means the prolonged mental harm caused by or resulting from—
(A) the intentional infliction or threatened infliction of severe physical pain or suffering;

(B) the administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt profoundly the senses or the personality;

(C) the threat of imminent death; or

(D) the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind-altering substances or other procedures calculated to disrupt profoundly the senses or personality; and

(3) “United States” means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States.


18 U.S.C. § 2340A

(a) Offense.— Whoever outside the United States commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life.

(b) Jurisdiction.— There is jurisdiction over the activity prohibited in subsection (a) if—
(1) the alleged offender is a national of the United States; or

(2) the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender.

(c) Conspiracy.— A person who conspires to commit an offense under this section shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the conspiracy.


Note the last paragraph. That says that those who order the torture are just as liable as the actual torturers.

Another thing that is applicable is the Convention Against Torture, an international treaty to which the U.S. is a signatory.

The definition of torture as given in Article 1 of the Convention is

For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.


You should also note Article 16

Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article I, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. In particular, the obligations contained in articles 10, 11, 12 and 13 shall apply with the substitution for references to torture of references to other forms of cruel, inhuman or degrading treatment or punishment.

Recommendations

0 members have recommended this reply (displayed in chronological order):

What kind of doctors would participate in such a blatant violation of the Hippocratic oath? nt Live and Learn Sep 2014 #1
My guess is their twitter name is Mengele kairos12 Sep 2014 #6
Those who are... ReRe Sep 2014 #7
Frist, Paul, Coburn and a few others. rug Sep 2014 #13
How horrible.. Are we beheading yet? OLDMADAM Sep 2014 #35
The doctors need to be prosecuted so that next time a doctor is directed to do rhett o rick Sep 2014 #2
Bush and his Junta Billy Budd Sep 2014 #15
That is dreaming. There is a code where Pres Obama can't bring harm to those in the "club". rhett o rick Sep 2014 #20
"psyco's" (sic)? candelista Sep 2014 #34
Thanks. rhett o rick Sep 2014 #37
They were never interested in getting information... 951-Riverside Sep 2014 #3
Now THAT... ReRe Sep 2014 #8
Different times, different people, names and geographical locations, but SOS. n/t RKP5637 Sep 2014 #12
Makes us proud, doesn't it? Gives a feeling of patriotic glee. arcane1 Sep 2014 #4
I am willing to bet that it wasn't always just to the point of death either. nt Live and Learn Sep 2014 #5
That's right... ReRe Sep 2014 #10
This will be a great recruiting device for IS, AQ, etc daleo Sep 2014 #9
Oh here we go again, people getting "sanctimonious" about torture... nt DRoseDARs Sep 2014 #11
Kicked and recommended. Uncle Joe Sep 2014 #14
Wish I was shocked. K&R nt Mnemosyne Sep 2014 #16
Of course it was torture! We all saw the pictures from Abu Ghraib. daschess1987 Sep 2014 #17
Always knew this was happening and worse. Ash_F Sep 2014 #18
Isn't that against the law? Man from Pickens Sep 2014 #19
Yes, it is against the law Fortinbras Armstrong Sep 2014 #28
Meh AnalystInParadise Sep 2014 #21
Would you be bothered if these techniques CJCRANE Sep 2014 #27
big boy rules? What about the Constitution you swore to uphold? Lochloosa Sep 2014 #30
So you hold US law in contempt. You take Himmler, Torquemada and Lavrenti Beria as role models. Fortinbras Armstrong Sep 2014 #31
My opinion (and the opinion of the U.S. Army) AnalystInParadise Sep 2014 #38
That's an interesting point of view. nilesobek Sep 2014 #40
Already trained AnalystInParadise Sep 2014 #41
Already trained in torture? nilesobek Sep 2014 #43
We are the good guys AnalystInParadise Sep 2014 #44
Post removed Post removed Sep 2014 #46
I really do get tired of the nazi comparisons Iamthetruth Sep 2014 #47
Well perhaps if you did not keep acting as the Nazis did Fortinbras Armstrong Sep 2014 #48
You're insulting Iamthetruth Sep 2014 #51
Weird AnalystInParadise Sep 2014 #53
I'm totally cool with that. nilesobek Sep 2014 #50
My oath to the Constitution AnalystInParadise Sep 2014 #54
Law of war sarisataka Sep 2014 #55
Tomato, tomahtoe AnalystInParadise Sep 2014 #56
Contrary to Hollywood movies AnalystInParadise Sep 2014 #42
So I am correct Fortinbras Armstrong Sep 2014 #45
Yeah....no Heydrich AnalystInParadise Sep 2014 #52
K&R NealK Sep 2014 #22
MUST. LOOK. FORWARD. blkmusclmachine Sep 2014 #23
+1 Enthusiast Sep 2014 #24
Nazis torture. Enthusiast Sep 2014 #25
CIA's Denial of Protecting Nazis is Blatant Lie Pt1 by Hank P. Albarelli, Jr (12-7-10) bobthedrummer Sep 2014 #32
Thanks. Enthusiast Sep 2014 #33
A 3,600-page report detailing interrogation techniques and abuses BeyondGeography Sep 2014 #26
"We tortured some folks." SamKnause Sep 2014 #29
Now, now - don't get all "sanctimonious" derby378 Sep 2014 #36
And that's what scared patriots do. nilesobek Sep 2014 #39
And yet the propaganda continues. Deadbeat Republicans Sep 2014 #49
Sad that we let ourselves fall so far due to fear... deathrind Sep 2014 #57
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