U.S. To Dial Back On Torture?

As President Obama was heading off for talks in China, ambitious Republican 2016 hopeful Marco Rubio joined the caterwauling wing nuts screaming about human rights for Chinese dissidents. I bet you never knew right-wingers care about human rights. But they do-- everywhere except in our own country. So what an unpleasant surprise it must have been for Rubio and the other dedicated congressional human rights campaigners when the Obama administration shifted away from Bush-Cheney torture regiments in Geneva today. Of course Republican don't consider torture a human rights problem-- even if the rest of mankind-- other than extreme right-wing regimes-- does.

At a session before the UN Committee Against Torture in Geneva this morning, the Obama administration made a significant shift away from the Bush-era interpretation of the Convention Against Torture. The U.S. delegation stated that the government had “carefully reviewed” the legal issues and “is prepared to clarify its views.”

The U.S. affirmed that the obligations in the Convention applying to a State Party in “any territory under its jurisdiction”-- including those in Articles 2 and 16 to prevent cruel, inhuman or degrading treatment or punishment-- apply outside US borders. The government stated that it accepts that these obligations:

“extend to certain areas beyond the sovereign territory of the State Party, and more specifically to ‘all places that the State Party controls as a governmental authority.’”

The administration also explicitly affirmed that these provisions apply at Guantanamo Bay and to activity on U.S. registered ships and aircraft, on the basis of U.S. governmental control.

Moreover, the obligations under the Convention “continue[] to apply even when a State is engaged in armed conflict” notwithstanding the concurrent obligations and prohibitions imposed by the law of armed conflict with respect to the conduct of hostilities and protection of war victims.

The government stated:

“Although the law of armed conflict is the controlling body of law with regard to the conduct of hostilities and the protection of war victims, a time of war does not suspend operation of the Convention Against Torture, which continues to apply even when a State is engaged in armed conflict. The obligations to prevent torture and cruel, inhuman and degrading treatment and punishment in the Convention remain applicable in times of armed conflict and are reinforced by complementary prohibitions in the law of armed conflict.”

And if you think Republican human rights advocates are going to be pissed off about ending torture, wait 'til we start hearing from the "I am not a scientist crowd" in regard to the agreement Obama made with Chinese President Xi Jinping about Climate Change. Or don't wait. They can add that to all the reasons they want to impeach him.