The Tribunals

Let's diverge from our review of the Torture Memos.

The current argument for upending the Geneva Conventions is that the language is "too vague." Let's walk through the process and show how that is not true.

First, the Senate ratifies the Convention Against Torture treaty. That means the U.S. Government agrees to abide by its terms. Then, Congress passes a law that implements the Convention Against Torture, in this case 18 U.S.C. 2340-2340A.

Yes, the language of the Geneva Conventions, and all international legal agreements, are vague on their face. They have to be, considering the number of judicial systems and cultures it must be applicable to. The details have been worked out as to what each provision means in application, however. Or at least as much as can be ahead of time.

So when looking at the Convention Against Torture, look at the law the United States passed to implement it. That is where the details are, and in the cases where U.S. courts have interpreted that law.

In short:
  1. Treaty
  2. Law
  3. Court interpretation of the Law

1 comment:

The Lazy Iguana said...

The President has no concept of "law". You see, to him "the law" is something that poor people have to follow, but not the rich and powerful - or his friends.

So to recap - "the law" is for people who are not him, his family, his friends, or people with as much or more money as his family. And ALL Democrats regardless of status or wealth.

Look at Florida. When Jeb Bush was first elected to power one of the first things he did was make drug laws stronger. Mandatory minimum sentences and stuff.

Then HIS DAUGHTER was busted in Tallahassee trying to buy medication using stolen prescription pads from a doctor. She also had crack cocaine.

She did not go to jail. She was not even booked in the local lockup. She was not even held in the police station. She was released to FDLE who took her home. No jail. The prosecutor dropped all charges and she went to rehab.

Had she been one of these things she WOULD HAVE gone to jail:

1. Black.
2. Poor.
3. Registered Democrat.
4. lacking connections to important people.
5. Not a member of the Bush family.

Laws are for us. Not them. Welcome to the New America.