Gotta Love Technicalities

So, the Post is reporting that the U.S. will honor its Convention Against Torture obligations abroad, this is so because Condi says. The interesting thing here is that she hasn't said anything new that will meaningfully affect U.S. policy.

If the U.S. starts treating people consistent with the Convention - that will be great - but all she really said was that the U.S. personnel will operate pursuant to U.S. law and our international obligations....wherever they are in the world. But this isn't any different than the administration's current position that the Torture Convention doesn't technically apply outside of the U.S. - the administration would say that we're already complying with the convention.

The reason the U.S. so claims, is because the Torture Convention was ratified with an "Understanding" such that the U.S. will prevent of cruel and inhuman treatment consistent with the 8th Amendment of the Constitution. Well this is all well and good for Americans - they've got Constitutional Protections. But if you're outside the country your passport doesn't say United States of America on the cover - you don't have any Constitutional rights......ergo the Torture Convention doesn't apply to you.

What Rice needs to say is that "The United States Government will not subject anyone anywhere in the world to cruel and inhuman treatment." Further the gov't should take immediate steps to rescind the 8th Amendment Understanding.....or at least modify it so that it reads something to the effect that "the 8th Amendment will be the basis for determining what is cruel and inhuman treatment, but that the prohibition extends worldwide to every individual regardless of citizenship or territoriality".

Come on guys we here in the "Land of the Free" shouldn't be torturing people - it's undignified, it's not effective and it makes us look bad.