Quote:
Originally Posted by Bond
I suppose the real question is: does the Constitution / rule of law apply to enemy combatants, depending upon where they are located, which is a question I am not able to fully answer. If the rule of law does apply, then we must treat these enemy combatants as any other citizen. If the rule of law does not apply, then I believe using any means necessary to protect our people is appropriate.
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Well, the Detainee Treatment Act of 2005 technically squashes that argument. It states all un-unifirmed combatants, insurgents, etc. are protected under the Geneva convention, which falls under the Treaty portion of the Costitution's executive powers. I disagree with it in principle, but it is what it is.
http://www.pegc.us/detainee_act_2005.html
My question is whether or not waterboarding is truly defineable torture seeing that it doesn't really fall into the definitions if the detainees are told they will not be killed before hand. To me it's a grey area to be exploited in very rare and extreme situations if it's proven to work.