Potter Stewart and the Half-Baked Prince

[Richardo]

Common Article III of the Geneva Conventions was adopted in August 1949. In the 57 years since, its language has been perfectly understandable to most if not all of its signatories. (At least no one ever said anything to me.) It's short and eloquent, as you can see for yourself:

http://www.icrc.org/ihl.nsf/0/e160550475c4b133c12563cd0051aa66?OpenDocument

Until now, no US President has had any trouble comprehending the intent of this Article, which was quietly in effect and governing US conduct during the non-declared military actions in Korea, Vietnam, Grenada, Panama, Haiti, Bosnia and Gulf War I.

Now, the Bush Administration has decided that the time is ripe for a clarification of such confusing terms as 'outrages', 'humiliation', 'degrading' and (apparently) 'civilized peoples'.

Who cannot see this is a clumsy, transparent effort to narrow the application of the Article as it might pertain to the methods used by members of the US armed forces, intelligence officers and (horrifically) private contractors as they interrogate those who would do us harm. The narrower the definition, the more wiggle room you get. Ask any three-year-old: "Daddy, you said no water-boarding. You didn't say anything about using milk."

Well, Bush's former Secretary of State and Chairman of the Joint Chiefs of Staff, three Senators/Veterans, and current JAGs in all four services aren't buying it. They see this for the loophole-building exercise that it is. (Never mind that the Administration's proposal jettisons the due-process provisions that in large part made America the shining beacon of freedom and democracy it is today.) Providing these protections, even to villianous scum, is what sets us apart. Also, it's the right thing to do. But, many of those that were up in arms regarding Bill Clinton's 'moral relativism' have traded their outraged righteousness for lazy expediency.

The President and his apologists, who pride themselves on their highly-developed common sense, would do well to review the following statement by Justice Potter Stewart, who, referring to another form of obscenity, said:

"I shall not today attempt further to define the kinds of material I understand to be embraced within that shorthand description; and perhaps I could never succeed in intelligibly doing so. But I know it when I see it."

[ninkasi]

1. It's not other people's fault

that the chickenhawk is too stupid to realize what constitutes torture, and cruel and inhumane treatment, and the other things that are banned. A you point out, we've been following the Geneva Conventions for a long time now, and they've worked just fine.