Open to Interpretation never sounded so bad

By now everyone should have heard about Bush's trip to Viet Nam and his rip to history. But just in case you missed it. When asked a question about what lessons he had learned from Viet Nam, he responded, “We’ll succeed unless we quit.”.

Now I know that this subject has been beaten to death over the last couple days, but I thought now would be a good time to point out that that is simply Bush's interpretation of the stark and unmistakeable lessons learned from the cluster fuck of pride and propaganda called the Viet Nam War. Anyone still feel comfortable with relying on the sound ability of Bush to properly interperet the Geneva Convention's definition of Torture? I see this ending badly for us. Call it foreshadowing if you will.

BTW, here are those obscure and ambiguous definitions as held in International Law.

DEFINITION OF TORTURE UNDER INTERNATIONAL LAW
COMPILATION

International Covenant on Civil and Political Rights, 1966

Article 7

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.


Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984

Article 1

For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application.


European Convention for the Protection of Human Rights and Fundamental Freedoms (1950)

Article 3

No one shall be subjected to torture or to inhuman or degrading treatment or punishment

American Convention on Human Rights (Pact of San José, Costa Rica, 1969)

Article 5 Right to Humane Treatment

Every person has the right to have his physical, mental, and moral integrity respected.
No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. All persons deprived of their liberty shall be treated with respect for the inherent dignity of the human person.
Punishment shall not be extended to any person other than the criminal.
Accused persons shall, save in exceptional circumstances, be segregated from convicted persons, and shall be subject to separate treatment appropriate to their status as unconvicted persons.
Minors while subject to criminal proceedings shall be separated from adults and brought before specialised tribunals, as speedily as possible, so that they may be treated in accordance with their status as minors.
Punishments consisting of deprivation of liberty shall have as an essential aim the reform and social readaptation of the prisoners.


Rome statute of the International Criminal Court, 1998

Article 7 Crimes against humanity

For the purpose of this Statute, "crime against humanity" means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
(…)
Torture;
(…)
For the purpose of paragraph 1:
(…)
(e) "Torture" means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;

Article 8 War crimes

The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes.
For the purpose of this Statute, "war crimes" means:

Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:
(…)
(ii) Torture or inhuman treatment, including biological experiments;
(…)
Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
(…)
(xxi) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;
(…)
In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause:
(…)
Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
Committing outrages upon personal dignity, in particular humiliating and degrading treatment;
(…)
Paragraph 2 (c) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature.


Elements of Crime as contained in the finalised draft prepared by the fifth session of the Preparatory Commission for the International Court held in New York from June 12 to 30 2000:

Article 7 (1) (f) Crime against humanity of torture

Elements

The perpetrator inflicted severe physical or mental pain or suffering upon one or more persons.
Such person or persons were in the custody or under the control of the perpetrator.
Such pain or suffering did not arise only from, and was not inherent in or incidental to, lawful sanctions.
The conduct was committed as part of a widespread or systematic attack directed against a civilian population.
The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population.

Article 8 War crimes

Introduction

The elements for war crimes under article 8, paragraph 2 (c) and (e), are subject to the limitations addressed in article 8, paragraph 2 (d) and (f), which are not elements of crimes.

The elements for war crimes under article 8, paragraph 2, of the Statute shall be interpreted within the established framework of the international law of armed conflict including, as appropriate, the international law of armed conflict applicable to armed conflict at sea.

With respect to the last two elements listed for each crime:
There is no requirement for a legal evaluation by the perpetrator as to the existence of an armed conflict or its character as international or non-international;
In that context there is no requirement for awareness by the perpetrator of the facts that established the character of the conflict as international or non-international;
There is only a requirement for the awareness of the factual circumstances that established the existence of an armed conflict that is implicit in the terms “took place in the context of and was associated with”.

Article 8 (2) (a) (ii)-1 War crime of torture

Elements

The perpetrator inflicted severe physical or mental pain or suffering upon one or more persons.
The perpetrator inflicted the pain or suffering for such purposes as: obtaining information or a confession, punishment, intimidation or coercion or for any reason based on discrimination of any kind.
Such person or persons were protected under one or more of the Geneva Conventions of 1949.
The perpetrator was aware of the factual circumstances that established that protected status.
The conduct took place in the context of and was associated with an international armed conflict.
The perpetrator was aware of factual circumstances that established the existence of an armed conflict.

Article 8 (2) (a) (ii)-2 War crime of inhuman treatment

Elements

The perpetrator inflicted severe physical or mental pain or suffering upon one or more persons.
Such person or persons were protected under one or more of the Geneva Conventions of 1949.
The perpetrator was aware of the factual circumstances that established that protected status.
The conduct took place in the context of and was associated with an international armed conflict.
The perpetrator was aware of factual circumstances that established the existence of an armed conflict.

Article 8 (2) (c) (i)-3 War crime of cruel treatment

Elements

1. The perpetrator inflicted severe physical or mental pain or suffering upon one or more persons.
2. Such person or persons were either hors de combat, or were civilians, medical personnel, or religious personnel taking no active part in the hostilities.
3. The perpetrator was aware of the factual circumstances that established this status.
4. The conduct took place in the context of and was associated with an armed conflict not of an international character.
The perpetrator was aware of factual circumstances that established the existence of an armed conflict.


Article 8 (2) (c) (i)-4 War crime of torture

Elements

1. The perpetrator inflicted severe physical or mental pain or suffering upon one or more persons.
2. The perpetrator inflicted the pain or suffering for such purposes as: obtaining information or a confession, punishment, intimidation or coercion or for any reason based on discrimination of any kind.
3. Such person or persons were either hors de combat, or were civilians, medical personnel or religious personnel taking no active part in the hostilities.
4. The perpetrator was aware of the factual circumstances that established this status.
5. The conduct took place in the context of and was associated with an armed conflict not of an international character.
6. The perpetrator was aware of factual circumstances that established the existence of an armed conflict.


Article 8 (2) (c) (ii) War crime of outrages upon personal dignity

Elements

1. The perpetrator humiliated, degraded or otherwise violated the dignity of one or more persons.
2. The severity of the humiliation, degradation or other violation was of such degree as to be generally recognized as an outrage upon personal dignity.
3. Such person or persons were either hors de combat, or were civilians, medical personnel or religious personnel taking no active part in the hostilities.
4. The perpetrator was aware of the factual circumstances that established this status.
5. The conduct took place in the context of and was associated with an armed conflict not of an international character.
6. The perpetrator was aware of factual circumstances that established the existence of an armed conflict.