http://www.cbsnews.com/stories/2006/09/27/opinion/main2044350.shtml<snip>
Last week, we learned that among those spirit-crushing rogue regimes was the government of the United States of America, which is now "leading by example" in the field of hair-splitting and wink-nod authorizations of torture. Thanks to the recent "compromise" between the hard-core torturers in the Bush administration and "moderate" Republican torture opponents, we continue to live in a country that does not officially endorse the infliction of "severe pain." That would be torture, you see. "Serious pain," however, is fine. That's merely cruel and degrading treatment. (The president used to be against that, too, but, well, things change.)
The interesting thing, as David Luban points out, is that the compromise defines "serious pain" as "bodily injury that involves … extreme physical pain," so the ultimate significance of this distinction between serious and severe might be called into question. More to the point, the law simply shreds the very concept of law, as Jack Balkin explained with this rundown of the components:
Eliminating the writ of habeas corpus, denying anyone the right to invoke rights guaranteed by Geneva in judicial actions, prohibiting the use of any foreign sources in construing the meaning of the Geneva Conventions, proclaiming that the president is the authoritative source of the meaning of Geneva with respect to the War Crimes statute, amending the War Crimes statute with language that allows the president to continue to engage in torture-lite (after all, he is now the authoritative source of its meaning), and finally, making all these amendments retroactive to November 26, 1997.
Other countries, of course, practice torture in violation of international law. As has now been clear for a while, we have been in their company for some years. The latest twist, however, is that we now won't show any shame about it. Rather than simply violating the laws to which we have agreed to adhere, we're repudiating them, simply denying that the standard by which civilized nations operate apply to us.