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what US law does waterboading break?

I know this is illegal internationally, per the Geneva convention. It has already been discussed and determined to be torture there, but is it a law in the US?

Update:

I understand the Geneva convention only applies to US citizens, but weren't US citizens the ones who broke the law? Like all laws they apply to the criminal not the victim.

I can not murder a Iranian citizen. Not that I have the smallest desire to just an example.

Update 2:

What about the fact that the Geneva Convention only applies to the member nations that signed it?

16 Answers

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  • wizjp
    Lv 7
    1 decade ago
    Favorite Answer

    Geneva convention does not apply to enemy combatants captured in civilian clothing.

    Cruel and unusual punishment does not apply to anyone but an American citizen; again, not an enemy combatant.

  • 1 decade ago

    The Geneva convention applies directly to the US because the Constitution gives treaties the full force and effect of US law as if it were passed by Congress.

  • 1 decade ago

    The US is a signatory to the Geneva Convention. Article II, Section 2, Clause 2, of the US constitution includes the Treaty Clause which allows the US president to enter into treaties and agreements with a "supermajority" consent of the US senate. International treaties thus become part of the body of law in the US.

  • Anonymous
    1 decade ago

    The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment was adopted by the United Nations General Assembly in 1984 and entered into force on June 26, 1987. The United States ratified the Convention against Torture in October 1994. The Convention entered into force for the United States on November 20, 1994.

    The Nuremberg Convention and the The Geneva Conventions, which consist of four treaties formulated in Geneva, Switzerland, that set the standards for international law for humanitarian concerns. These four treaties are the basis for humanitarian law across the world. They chiefly concern the treatment of non-combatants and prisoners of war. They do not affect the use of weapons in war, which are covered by the Hague Conventions of 1899 and 1907 and the Geneva Protocol on the use of gas and biological weapons of 1925.

    The idea that a warrior owes a duty not just to his nation, or his army, but also to his common humanity is a concept as old as civilization itself is. Over the millennia, civilization has remembered with respect those warriors who were courageous in battle and merciful to those they defeated, regardless of whose banner under which they fought, while history regards with infamy those warriors, regardless of their military success, who willingly discarded the very honor and respect that they may have earned in battle through their atrocities committed upon civilians or cruelties visited upon vanquished foes. No warrior has been regarded as a man of courage for slaughtering of the weak or innocent, for his pillages or sacks, or for brutalities and barbarities he visited upon his foes; therein lies no honor or glory, only senseless cruelty. This indicates that just as the law against murder in the common-law nations is established not by statute, but by history, custom, the human condition, and by being immanent in Nature, so too is the law of war, and so too has it always been, whether its violation is explicitly prohibited by treaty or not.

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  • 1 decade ago

    The USA signed the Geneva conventions. Our military code says we treat our prisoners humanly.

    In civil law, inmates cannot be subjected to cruel or unusual punishment.

    And if that isn't enough, torture is assault and battery, even attempted murder.

  • 1 decade ago

    The constitution of the United States of America states that it is unlawful for a government to enact cruel and unusual punishment on individuals whether they be citizens or enemies.

    Also the Geneva Convention, makes it unlawful to torture or cruelly treat prisoners.

  • ?
    Lv 4
    1 decade ago

    The United States is part of the Geneva convention and helped write it.

  • ?
    Lv 4
    5 years ago

    staggering question! I even have continuously wanted to invite this yet feared it being taken off by making use of YA. it somewhat is authentic, the united statesa.continuously sanctions countries that apparently circulate against human rights or whine approximately it like the situations of North Korea, Iran, China and so on... yet Israel is committing extra crimes against any U.N led conventions or maybe the united statesa.has had 2 unlawful wars and nevertheless has Guantamano Bay, it somewhat is in violation to the Geneva convention. it somewhat is hypocrisy, in spite of the undeniable fact that it style of feels that the UN is yet another gadget for the united statesA. are you able to think of the U.N putting sanctions on the united statesor even sending troops to disarm this violent united states.

  • Pfo
    Lv 7
    1 decade ago

    None.

    The constitution only applies to US citizens.

    The Geneva Conventions only apply to combatants that follow its conventions.

  • 1 decade ago

    obviously it is against the geneva convention, and obviously it violated the cruel and unusual punishment clause of the constitution which only protects citizens...so it is an international crime

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