Wednesday, June 09, 2004

Bush to the US Constitution: Drop Dead

Q: Is the Convention Against Torture (CAT) a treaty?
A: Yes.
Q: Did the president sign it?
A: Yes, President Reagan signed it on April 11, 1988 and the senate ratified it on October 21, 1994.
Q: Why did it take so long to be ratified?
A: Because on signing the treaty the US made a list of several reservations including this one: "That the United States declares that the provisions of articles 1 through 16 of the Convention are not self-executing."
Q: What did that mean?
A: That meant that specific laws had to be passed and signed into law which essentially made torture a crime under United States Law and provided for jurisdiction by the US regardless of where torture is committed provided either the "the alleged offender is a national of the United States; or the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender." This law is commonly referred to as either the CAT implementing legislation or the Torture Statute.
Q: So the terms of the Convention Against Torture is the law of the land in the United States, right?
A: Yes it is, with the exception of the few reservations the US made.
Q: Aren't there exceptions when torture can be justified?
A: No, Article 2 Paragraph 2 states "No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture."

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