International Law

No: what is far more important and far graver is the decision after the 2004 re-election, after the original period of panic, to set up a torture program, replete with every professional and bureaucratic nicety. This is why the Bradbury memo of 2005 is so much more chilling in its way. This was long after Abu Ghraib, long after the initial panic, and a pre-meditated attempt to turn the US into a secret torture state. These legal memos construct a form of torture, through various classic torture techniques, used separately and in combination, that were to be used systematically, by a professional torture team along the lines proposed by Charles Krauthammer, and buttressed by a small army of lawyers, psychologists and doctors - especially doctors - to turn the US into a torture state. The legal limits were designed to maximize the torture while minimizing excessive physical damage, to take prisoners to the edge while making sure, by the use of medical professionals, that they did not die and would not have permanent injuries.

...Looked at from a distance, the Bush administration wanted to do two things at once: to declare to the world that freedom is on the march, and human rights are coming to the world with American help, while simultaneously declaring to captives that the US has no interest in the law, human rights, accountability, transparency or humanity. They wanted to give hope to all the oppressed of the planet, while surgically banishing all hope from the prisoners they captured and tortured. And the only way they could pull this off is by the total secrecy they constructed and defended. So we had a public government respectful of the rule of law, and a secret government whose main goal was persuading terror suspects that there was no rule of law at all. It is hard to convey just how dangerous this was and is.

...Read how no one is even close to debating "ticking time bomb" scenarios as they strap people to boards and drown them until they break. Then read how they adjusted the waterboarding, for fear it was too much, for fear that they were actually in danger of suffocating their captives, and then read how they found self-described loopholes in the law to tell themselves that what the US had once prosecuted as torture could not possibly be torture because we're doing it, and we're different from the Viet Cong. We're doing torture right and for the right reasons and with the right motive. Many of the people who did this are mild, kind, courteous, family men and women, who somehow were able to defend slamming human beings against walls in the daytime while watching the Charlie Rose show over a glass of wine at night. We've seen this syndrome before, in other places and at other times. Yes: it can happen here. And imagine how this already functioning torture machine would have operated in the wake of another attack under a president Romney or Giuliani.

- Garry J. Wise, Toronto

Visit our Toronto Law Firm website: www.wiselaw.net

EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCE

ORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG