Quality Control, FT, Quality Control: You Can Do Better than This (Waterboarding-as-Torture Edition)
Clive Crook writes:
Clive Crook - Obama’s needless fight over torture: Many just take it for granted that waterboarding is torture, and hence illegal. The convoluted legal defences in the memos are so false, in their view, that they compound the crime. The bizarre care the memos prescribe to guard against lasting physical harm to suspects, for instance, is dismissed as a sham that only makes the enterprise more disgusting. Not so fast. Common sense may tell you waterboarding is torture, but the law is less clear-cut. Congress should make waterboarding a crime, for the reasons I have stated, and it has had many chances before and since 9/11 to do so. The fact is, it has chosen not to. Some of those in Congress now calling for prosecutions, including Nancy Pelosi, speaker of the House, were briefed about these methods in the panic-stricken aftermath of 9/11 and offered no objection. It is worth noting that the methods in question were adopted from the training US soldiers undergo to resist interrogation. This underlines the fact that using these methods lowers the US to the level of its enemies. But it also suggests that distinctions may be made between waterboarding and, say, breaking on the rack...
Paul Begala: On November 29, 2007, Sen. McCain, while campaigning in St. Petersburg, Florida, said, "Following World War II war crime trials were convened. The Japanese were tried and convicted and hung for war crimes committed against American POWs. Among those charges for which they were convicted was waterboarding."... Politifact, the St. Petersburg Times' truth-testing project (which this week was awarded a Pulitzer Prize), scrutinized Sen. McCain's statement and found it to be true. Here's the money quote from Politifact:
McCain is referencing the Tokyo Trials, officially known as the International Military Tribunal for the Far East. After World War II, an international coalition convened to prosecute Japanese soldiers charged with torture. At the top of the list of techniques was water-based interrogation, known variously then as 'water cure,' 'water torture' and 'waterboarding,' according to the charging documents. It simulates drowning.
Politifact went on to report:
A number of the Japanese soldiers convicted by American judges were hanged, while others received lengthy prison sentences or time in labor camps.
The folks at Politifact interviewed R. John Pritchard, the author of The Tokyo War Crimes Trial: The Complete Transcripts of the Proceedings of the International Military Tribunal for the Far East. They also interviewed Yuma Totani, history professor at the University of Nevada-Las Vegas, and consulted the Columbia Journal of Transnational Law, which published a law review article entitled, "Drop by Drop: Forgetting the History of Water Torture in U.S. Courts."
Either a retraction and correction, or a clarification by Clive Crook that he believes that the International Military Tribunal for the Far East committed miscarriages of justice when it hanged members of the Kempitai for waterboarding Americans would be appreciated. One or the other seems to be called for.