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For those who think it is ok for us to waterboard people, is it ok for other countries (read: countries run by brown people) to torture Americans if they are in danger? Say American officers were captured by Iran, who are right now probably pretty worried about getting bombed the [censored] into the stone age by us and want to learn more. But I mean, it wouldn't have lasting psychological effects of course. Fair game?
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Is Al-Qaeda enemy combatent different from a soldier in the Iranian Army or a soldier in the U.S. Army? I think the administration would argue that indeed they are and that the Geneva Convention applies to the soldiers in uniform and not necessarily to the enemy combatent. Maybe the legal scholars will weigh in. Seems like a question that Mukasy should answer and elaborate on, not sure if he was asked in the hearings.
In fact here's a story sort of illustrating my point:
Canadian to face Guantanamo tribunal for 3rd time
New charges were filed after the U.S. Congress enacted a law establishing the current version of the tribunals. But a military judge, Army Col. Peter Brownback, threw out those charges in June on grounds that Khadr had not been designated an "unlawful enemy combatant" as the new law required.
Brownback said the distinction was vital because international law required other types of trial for lawful combatants.
A newly convened military appeals court reinstated the charges and said that Brownback himself had authority to decide whether Khadr was an "unlawful combatant." Brownback will hear evidence on that issue at Thursday's court session.
But he said he would not consider defense arguments that the tribunal system violates U.S. and international law and should not apply to acts allegedly committed by a minor. A U.S. appeals court in Washington declined on Tuesday to intervene.
"The practical effect of (the) decision is that Omar, as an alleged former child soldier, will be found to be an unlawful enemy combatant without even having the opportunity to contest whether the designation violates international law, which it clearly does," Khadr's lead military lawyer, Lt. Cmdr. Bill Kuebler, said in a statement.