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Yes. Neither international nor domestic law conditions the right not to be subjected to torture on citizenship or nationality. No detainee held by U.S. authorities—regardless of nationality, regardless of whether held in the U.S. or in another country, and regardless of whether the person is deemed a combatant or civilian—may be tortured. All applicable international law applies to U.S. officials operating abroad, including the Convention against Torture and the Geneva Conventions. The prohibition against torture is universal and covers all countries both regarding U.S. citizens and persons of other nationalities.
What does torture have in common with genocide, slavery, and wars of aggression? They are all jus cogens. Jus cogens is Latin for “higher law” or “compelling law.” Thismeans that no country can ever pass a law that allows torture. There can be no immunityfrom criminal liability for violation of a jus cogens prohibition.
The United States has always prohibited the use of torture in our Constitution, laws executive statements and judicial decisions. We have ratified three treaties that all outlaw torture and cruel, inhuman or degrading treatment or punishment. When the United States ratifies a treaty, it becomes part of the Supreme Law of the Land under the Supremacy Clause of the Constitution.
Having said all this, how does one go about acquiring immediately needed information without utilizing coercion? Talk about a gray area.
originally posted by: cavtrooper7
a reply to: Spiramirabilis
I can have and WILL..usdefensewatch.com...