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Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
(Amendment 8, U.S. Constition)
Now I know, I know these are not U.S. citizens (well they could be by we dont wanna fight that arguement) but the idea is that OUR FOUNDING fathers did not want to torture people. . .so why do we?
Oh wait but we're talking about non Americans and look how Americans are treated, blah blah blah?
If you want to protect American Citizens abroad you have to use the Geneva Treaty Obligations. The treaty is a little more wordy but allows our citizens to receive protection from others following the treaty:
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.
So basically, once we have "Captured" a potential terrorist, we can stack him in a human pyramid, attack him with dogs, sodomize him, force him to watch others be subjected to this treatment . . .why is that vague?
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