Biden Wrote Bill Implementing Torture Treaty

by: Daniel De Groot

Tue Jan 20, 2009 at 18:55


Good evening.  Greenwald was discussing the domestic applicability of the UN Convention Against Torture on the Bush administration.  The convention, which Reagan signed and presented to the Senate in 1988 and was ratified in 1990 (Yes, once upon a time Republicans opposed torture!  St. Reagan no less.  Though I read somewhere he had loaded it down with reservations that probably gutted any real utility of the thing, but I disgress).

I mention this because it turns out the Senate, in ratifying the treaty, explicitly declared that sections 1-14 of the treaty were not "self-executing."  This means that despite the provision of the constitution declaring ratified treaties to be "law of the land," the treaty had no force in domestic law until Congress enacted legislation in the US code to put force behind it.

This took 4 years, and was done as part of the Foreign Relations Authorizations Act of 1994.  That one was presented by Lee Hamilton in the House.  However, there was at least one earlier effort to implement the CAT, by Biden; I present section 1901 of the Biden-Thurmond Justice Improvements Act, aka S.3349, introduced in October 1992.  As far as I can tell, Biden's text substantively matches Hamilton's, so I think it's a fair guess that Hamilton just reused it.  Biden (or maybe Thurmond but I somehow doubt it) wrote the law implementing the United States' International committment against torture.  Fascinating.  Mr. Vice President, are you going to leave a law you wrote unenforced at its moment of truth?

Daniel De Groot :: Biden Wrote Bill Implementing Torture Treaty

Tags: , , , (All Tags)
Print Friendly View Send As Email
What makes you think he won't? (0.00 / 0)
Obama's already come out publicly against torture in his administration... what more do you want?

REID: Voting against us was never part of our arrangement!
SPECTER: I am altering the deal! Pray I don't alter it any further!
REID: This deal keeps getting worse all the time!


I don't know what (0.00 / 0)
He's going to do.  What "more" is clearly prosecutions.  Stopping torture is not enough.  It's important, but it doesn't fix the problem.  People were tortured openly by the United States Government as a formal matter of official policy, on orders of the President himself.  That isn't fixed by just not doing so anymore, since a future president could pick up where Bush left off.

[ Parent ]
we've been torturing -- & training others to do so -- for ages -- (0.00 / 0)
Teaching Torture: Congress Quietly Keeps School of the Americas Alive -- http://www.16beavergroup.org/m...

Isn't the only difference that Bush/Cheney were actually open about it, instead of lying to us and denying it?


[ Parent ]
Perhaps you are correct (4.00 / 1)
Maybe the "only difference" was that Bush/Cheney were more open about using torture and other extreme measures, but let's make that an excuse of inaction. Instead, let's use that blaise approach as our toe-hold and get the US out of the torture business for good and for real.

I don't just mean pulling the shades, closing the door, and returning to the shadows. Mr. O must take a firm and decisive stand on these issues, that's why I'm so adamant that his administration look into the idea of prosecuting these crimes. Future administrations that might wish to emulate the Bush/Cheney disdain for the law must not be allowed to believe that being open about their crimes is OK; that these have some how become so integral to our everyday existence that they no longer have to make an effort to cover them up.

Obama and Biden are clearly bright enough to understand this argument. It has been mentioned here that Biden has written bills on the topic of law and torture. If they do not take direct, effective action in this regard, it for a lack of will, not knowledge.

"It sounds wrong...
     ...but its right."


[ Parent ]
Let's NOT make that an excuse for inaction (4.00 / 1)
that is.

"It sounds wrong...
     ...but its right."


[ Parent ]
i think they all do believe it's integral, and that's why we've done it for decades -- (0.00 / 0)
and we won't even know whether they stop it for real or not.

Obama clearly lied to us just like others always have -- he knows we torture and have been doing so as official (but not publicized) policy ---  just like we do.

Plus, he's given himself wiggle room on this -- just like on many other things.


[ Parent ]
I'm certainly not claiming that Obama has done well on this issue (0.00 / 0)
Indeed, if the practice of torture and oppression is as integral to the US foreign affairs as you have suggested, its not likely that one presidential administration could change that kind of culture all at once and by his second day in office.

I'll say again, that's why we need a serious look into these issues with regard to Bush/Cheney, but with the expressed goal of reforming the entire covert (or has it become overt?) operations that employ these corrosive techniques.  Are they even necessary?  The most I hope for from President O is that he push the issue to the fore and helps to shine some light into the darker corners of the Empire. I understand that he has other issues on the front burner.

"It sounds wrong...
     ...but its right."


[ Parent ]
Donate to Open Left








Friends of the Earth thanks the OpenLeft community for the ideas you generate and your contributions to the progressive movement.

As an anti-spam measure, there is a 24-hour waiting period after registering before new users can comment.
blog advertising is good for you
blog advertising is good for you
SEARCH

   

Advanced Search