On of the local blogs (yawn) totally confuses issues regarding the Bush Administration's policy regarding torture and the Geneva Accords. First of all, the administration has consistently held that the Geneva Accords do not apply to terrorists who fight for groups such as Al Qaeda. Why? Al Queda is a terrorist group, not a nation, and is thus not a signatory to the Geneva Accords. Second, terrorists are not soldiers as they wear no uniform and attempt to blend into the civilian community in an attempt to do their murderous deeds. Terrorists are not soldiers and they are not civilians. They have no designation under Geneva. Thus Geneva Accords would apply to Sadaam, who as a head of state has a legal definition under the Accords, but not to the terrorists who are being held by the US in Iraqi prisons (this is as distinct from Iraqi soldiers, who would have legal rights). All this said, the United States has chosen to extend Geneva rights to terrorists as matter of policy, but not as a matter of law. The policy is to treat them like soldiers, even though they aren't. I would point out that those who violated policy in Iraq are being prosecuted.
Regarding the use of torture. The Bush administration never condoned torture. It merely asked (in the infamous "torture memos") "what is torture?" I think we all agree that between beating prisoners with fluffy pillows and hooking up battery cables to sensitive body parts there is an acceptable level of vigorous questioning that may involve making prisoners uncomfortable, either physically or psychologically. The Bush administration followed previous policy by saying inflicting physical pain or injury is "torture" and unacceptable. Again, those violating this policy are being prosecuted.
As evidence that these are not easy questions, two of the most respected legal minds in American, and on opposite ends of the political spectrum, Alan Dershowitz and Richard Posner, have both written books suggesting that sometimes torture is acceptable in the name of national security. That's something the Bush administration has never claimed. One could seriously grapple with these difficult questions of what do we owe our enemies in times of war, but that would require thinking and it isn't as much fun as simply calling Bush names.
For a serious discussion on this issue, see this discussion stream at The Volokh Conspiracy.
Happy Memorial Day.
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