maybe you need to update your rules for this forum...
nono.. i think you stated this in the previous thread. there is little grey area when it comes to torture.
and, perhaps the reason why we don't want to join the ICC is because torturing people IS a u.s. policy...
http://www.apt.ch/un/definition.shtml Quote:
Elements of Crime as contained in the finalised draft prepared by the fifth session of the Preparatory Commission for the International Court (PrepCom) held in New York from June 12 to 30 2000:
Article 7 (1) (f)
Crime against humanity of torture
Elements
The perpetrator inflicted severe physical or mental pain or suffering upon one or more persons.
Such person or persons were in the custody or under the control of the perpetrator.
Such pain or suffering did not arise only from, and was not inherent in or incidental to, lawful sanctions.
The conduct was committed as part of a widespread or systematic attack directed against a civilian population.
The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population.
Article 8 (2) (a) (ii)-1
War crime of torture
Elements
The perpetrator inflicted severe physical or mental pain or suffering upon one or more persons.
The perpetrator inflicted the pain or suffering for such purposes as: obtaining information or a confession, punishment, intimidation or coercion or for any reason based on discrimination of any kind.
Such person or persons were protected under one or more of the Geneva Conventions of 1949.
The perpetrator was aware of the factual circumstances that established that protected status.
The conduct took place in the context of and was associated with an international armed conflict.
The perpetrator was aware of factual circumstances that established the existence of an armed conflict.
Article 8 (2) (a) (ii)-2
War crime of inhuman treatment
Elements
The perpetrator inflicted severe physical or mental pain or suffering upon one or more persons.
Such person or persons were protected under one or more of the Geneva Conventions of 1949.
The perpetrator was aware of the factual circumstances that established that protected status.
The conduct took place in the context of and was associated with an international armed conflict.
The perpetrator was aware of factual circumstances that established the existence of an armed conflict.
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