The controversial interrogation technique known as waterboarding and used by the United States qualifies as torture, the U.N. human rights chief said on Friday.And:
By the way, here's a link to the UN Conventions Against Torture. According to the signatures page, the US signed (0n April 4, 1988) and ratified (on October 21, 1994) this more than a decade ago.
Arbour made her comment in response to a question about whether U.S. officials could be tried for the use of waterboarding that referred to CIA director Michael Hayden telling Congress on Tuesday his agency had used waterboarding on three detainees captured after the September 11 attacks.
Violators of the U.N. Convention against Torture should be prosecuted under the principle of 'universal jurisdiction' which allows countries to try accused war criminals from other nations, Arbour said.
Here's how the UN Conventions defines torture:
For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.And here's Article VI of the Constitution (remember that?) that says that ratified treaties become U.S. Law:
All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.