Saturday, September 23, 2006
The torture agreement and the missing amendment
Why do I care so much about the Geneva Conventions? Why I am constantly astounded at how the United States under the Bush administration has done everything it can to ignore those Conventions?
I can't remember, exactly, the first time I heard the term "Geneva Convention." It wasn't in university or even high school.
I know it was at the dinner table, probably before I entered Grade One, when I fought with my father over food. He would scream at a picky five-year-old to eat his food and then begin talking about the Geneva Convention.
Japan decided to ignore that first 1929 Geneva Convention. Because of that my father, a 21-year-old, white middle class Brit became a slave for three years. So did thousands of other Allied military personnel during the Second World War, who were covered by the Geneva Convention that Japan ignored. Japan also turned hundreds of thousands of civilians in the nations they occupied, Chinese, Korean, Malayan, Tamil, Filipino and Vietnamese into slaves--and they weren't covered by the 1929 Convention.
When my father was liberated from the Changi Jail prisoner of war camp in Singapore in 1945, he weighed just 83 pounds. Like most former prisoners he was obsessed with food, which made our dinner table a battleground from the time I was a toddler to when I finally left home to go university.
He suffered from untreated Post Traumatic Stress Disorder his entire life. There was little or no PTSD treatment for surviving FEPOWS (Far East Prisoners of War) in Allied nations until after it became an issue with Vietnam veterans. Untreated PTSD meant that he had nightmares, flashbacks, survivors' guilt and all that other baggage. He had physical ailments resulting from starvation and diseases such as berri-berri ( a vitamin B defiency) malaria, cholera and "jungle ulcers."
Unfortunately, the history of the Far East Prisoners of War has never been a priority in most of the Allied countries from the Second World War.
But one has to ask that in nation like the United States, where African American slavery has been a key issue for centuries, why so few in the United States know that thousands of mostly white Americans were slaves during the Second World War? Many have heard of the infamous Bataan Death March but few know that many of the survivors were then herded in their hundreds into "hell ships" in conditions almost equaling the infamous Middle Passage to become slave labourers in Korea and Japan. (I do have to point out, of course, that this covered a period of just three years, from 1942 to 1945, not the generations that affected African American slavery).
When the Bush administration announced, shortly after the attacks of September 11, 2001, that they would not apply the Geneva Convention to prisoners "captured on the battlefield," I was, unfortunately, not surprised, but for me it was the first hint that the war resulting from the attacks on the United States was going to go wrong and go wrong quickly.
As I did my Masters degree in the law and history and then wrote the drafts of The Sonkrai Tribunal, and I read the documents that were either leaked or officially released, one thing became clear. The conservative civilian lawyers who drafted the policy had absolutely no knowledge of history. They read precedent and legal arguments, they did not read any of the reasons that conventions were negotiated.
That same historic perspective is missing in the current agreement on the proposed American law on the implementation of the Geneva Convention. The administration made hasty decisions after September 11 and recently faced the fact the United States Supreme Court had ruled that the country had to follow the Geneva Conventions. Faced with a revolt among even some conservative Republicans in Congress, but apparently wanting something that might pass before the November mid-term elections, the result is the agreement, which many analysts appear to be saying is vague enough that it may still allow torture, while others say it won't. That means the whole debate will once again be before the courts and before the courts for years.
Perhaps it would be best to let the proposed bill wait until the next session of the United States Congress, to give cooler heads a chance to prevail. Perhaps so that lawyers and politicians can read a little history and write laws that don't only handle the threats faced from militants of any kind in 2006, but a law that will stand the test of time.
What's missing?
The whole agreement is so full of sections and subsections that it is actually hard to give the right number, but in the last page, there is a definition of Cruel, Inhuman or Degrading Treatment and there it says.
The discussion of cruel, inhuman or degrading treatment, going back to the fall of 2001 and continuing to today has been too narrow, concentrating just on the interrogation and holding of prisoners suspected of terrorist acts. And that means, to use the old cliche, throwing out the baby with the bathwater.
As I point out in The Sonkrai Tribunal, almost every Allied war crimes trial concerning prisoners of war of the Japanese after the Second World War charged them with keeping POWs in inhuman conditions and subjecting them to inhuman treatment. That ranged much farther than just the horrors of an interrogation room, but included inadequate shelter or even no shelter and exposure to the elements, inadequate food that amounted to starvation, including causing defiency diseases such as berri berri, exposure to diseases caused by an unsanitary environment such as cholera, typhoid, typhus and forced labour amounting to slavery.
I am not suggesting that anyone in the West would keep an alleged terrorist as a slave. I am emphasizing the Geneva Conventions are supposed to protect both sides in a conflict, and thus, if applied, protect our soldiers and civilians. If our soldiers or civilians are subjected to such horrors in the future, whether it is torture in an interrogation room or slavery, then there would be legal means to handle that. That's what "Western values" should stand for.
So, in my view, while that phrase on the Fifth (due process), Eighth (cruel and unusual punishment) Fourteenth (due process and equal protection) Amendments to the American constitution is needed in that agreement, it almost sounds like a script writers' boiler plate from an episode of Law and Order.
What is missing and what the long term perspective requires is the famous Thirteenth Amendment.
If someone says the Geneva Convention should not apply in the twenty-first century, ask them, "So that means you're in favour of slavery?"
Technorati tags
torture, slavery, slaves,
Geneva Convention,Japan,
Burma Thailand Railway, World War II, Singapore, Human Rights, constitution, law
7:18 PM posted by Robin Rowland
Permanent Link
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Why do I care so much about the Geneva Conventions? Why I am constantly astounded at how the United States under the Bush administration has done everything it can to ignore those Conventions?
I can't remember, exactly, the first time I heard the term "Geneva Convention." It wasn't in university or even high school.
I know it was at the dinner table, probably before I entered Grade One, when I fought with my father over food. He would scream at a picky five-year-old to eat his food and then begin talking about the Geneva Convention.
Japan decided to ignore that first 1929 Geneva Convention. Because of that my father, a 21-year-old, white middle class Brit became a slave for three years. So did thousands of other Allied military personnel during the Second World War, who were covered by the Geneva Convention that Japan ignored. Japan also turned hundreds of thousands of civilians in the nations they occupied, Chinese, Korean, Malayan, Tamil, Filipino and Vietnamese into slaves--and they weren't covered by the 1929 Convention.
When my father was liberated from the Changi Jail prisoner of war camp in Singapore in 1945, he weighed just 83 pounds. Like most former prisoners he was obsessed with food, which made our dinner table a battleground from the time I was a toddler to when I finally left home to go university.
He suffered from untreated Post Traumatic Stress Disorder his entire life. There was little or no PTSD treatment for surviving FEPOWS (Far East Prisoners of War) in Allied nations until after it became an issue with Vietnam veterans. Untreated PTSD meant that he had nightmares, flashbacks, survivors' guilt and all that other baggage. He had physical ailments resulting from starvation and diseases such as berri-berri ( a vitamin B defiency) malaria, cholera and "jungle ulcers."
Unfortunately, the history of the Far East Prisoners of War has never been a priority in most of the Allied countries from the Second World War.
But one has to ask that in nation like the United States, where African American slavery has been a key issue for centuries, why so few in the United States know that thousands of mostly white Americans were slaves during the Second World War? Many have heard of the infamous Bataan Death March but few know that many of the survivors were then herded in their hundreds into "hell ships" in conditions almost equaling the infamous Middle Passage to become slave labourers in Korea and Japan. (I do have to point out, of course, that this covered a period of just three years, from 1942 to 1945, not the generations that affected African American slavery).
When the Bush administration announced, shortly after the attacks of September 11, 2001, that they would not apply the Geneva Convention to prisoners "captured on the battlefield," I was, unfortunately, not surprised, but for me it was the first hint that the war resulting from the attacks on the United States was going to go wrong and go wrong quickly.
As I did my Masters degree in the law and history and then wrote the drafts of The Sonkrai Tribunal, and I read the documents that were either leaked or officially released, one thing became clear. The conservative civilian lawyers who drafted the policy had absolutely no knowledge of history. They read precedent and legal arguments, they did not read any of the reasons that conventions were negotiated.
That same historic perspective is missing in the current agreement on the proposed American law on the implementation of the Geneva Convention. The administration made hasty decisions after September 11 and recently faced the fact the United States Supreme Court had ruled that the country had to follow the Geneva Conventions. Faced with a revolt among even some conservative Republicans in Congress, but apparently wanting something that might pass before the November mid-term elections, the result is the agreement, which many analysts appear to be saying is vague enough that it may still allow torture, while others say it won't. That means the whole debate will once again be before the courts and before the courts for years.
Perhaps it would be best to let the proposed bill wait until the next session of the United States Congress, to give cooler heads a chance to prevail. Perhaps so that lawyers and politicians can read a little history and write laws that don't only handle the threats faced from militants of any kind in 2006, but a law that will stand the test of time.
What's missing?
The whole agreement is so full of sections and subsections that it is actually hard to give the right number, but in the last page, there is a definition of Cruel, Inhuman or Degrading Treatment and there it says.
1) IN GENERAL. No individual in the custody or under the physical control of the United States Government, regardless of nationality or physical location, shall be subject to cruel, inhuman, or degrading treatment or punishment.
(2) CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT DEFINED.
The term cruel, inhuman, or degrading treatment or punishment in this subsection shall mean the cruel, unusual, and inhumane treatment or punishment prohibited by the Fifth, Eighth, and Fourteenth Amendments to the Constitution of the United States, as defined in the United States Reservations, Declarations and Understandings to the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment done at New York, December 10, 1984.
The discussion of cruel, inhuman or degrading treatment, going back to the fall of 2001 and continuing to today has been too narrow, concentrating just on the interrogation and holding of prisoners suspected of terrorist acts. And that means, to use the old cliche, throwing out the baby with the bathwater.
As I point out in The Sonkrai Tribunal, almost every Allied war crimes trial concerning prisoners of war of the Japanese after the Second World War charged them with keeping POWs in inhuman conditions and subjecting them to inhuman treatment. That ranged much farther than just the horrors of an interrogation room, but included inadequate shelter or even no shelter and exposure to the elements, inadequate food that amounted to starvation, including causing defiency diseases such as berri berri, exposure to diseases caused by an unsanitary environment such as cholera, typhoid, typhus and forced labour amounting to slavery.
I am not suggesting that anyone in the West would keep an alleged terrorist as a slave. I am emphasizing the Geneva Conventions are supposed to protect both sides in a conflict, and thus, if applied, protect our soldiers and civilians. If our soldiers or civilians are subjected to such horrors in the future, whether it is torture in an interrogation room or slavery, then there would be legal means to handle that. That's what "Western values" should stand for.
So, in my view, while that phrase on the Fifth (due process), Eighth (cruel and unusual punishment) Fourteenth (due process and equal protection) Amendments to the American constitution is needed in that agreement, it almost sounds like a script writers' boiler plate from an episode of Law and Order.
What is missing and what the long term perspective requires is the famous Thirteenth Amendment.
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
If someone says the Geneva Convention should not apply in the twenty-first century, ask them, "So that means you're in favour of slavery?"
Technorati tags
torture, slavery, slaves,
Geneva Convention,Japan,
Burma Thailand Railway, World War II, Singapore, Human Rights, constitution, law
7:18 PM posted by Robin Rowland
Permanent Link
