Wednesday, August 09, 2006

Te absolvo

Deputy Defense Secretary Gordon England says that "degrading" and "humiliating" are relative terms. Of course he’s right. Some people might not mind being forced to wear women’s underwear or to pile up naked with other men in sexual poses while their guards mock them, others I imagine, might not care if ferocious dogs snapped at their genitals, but of course that cant be used as an argument justifying the use of such things by the United States – or can it?’

“I mean, what is degrading in one society may not be degrading in another, or may be degrading in one religion, not in another religion," England said. "And since it does have an international interpretation, which is generally, frankly, different than our own, it becomes very, very relevant" to define the meaning in new legislation.”

To me it’s a bit like saying that because some people might not mind being robbed, we should consider making it up to the muggers to decide whether they have just committed a crime. This viewpoint is, nonetheless, the given reason behind our unilateral decision to rewrite the Geneva Conventions but it’s really a response to the Supreme Court’s June decision that Bush’s refusal to adhere to those rules was illegal.

That’s the benefit of an Imperial Presidency and one party rule; the law is what you want it to be. Former Justice Department lawyer John C. Yoo is quoted in the Washington Post as saying that U.S. soldiers and agents should "not be beholden to the definition of vague words by international or foreign courts, who often pursue nakedly political agendas at odds with the United States." I imagine that Hermann Goering would have liked that.

To me, it all deconstructs to a simple “our objectives shall be construed as law”

4 comments:

d nova said...

any relation to lindy englund?

Crankyboy said...

The old saying , "once you act outside the law you no longer have it to protect you" has now been replaced by "if you act outside the law the law will protect you from acting out side it."

Sir Thomas More said it best in his exchange with William Roper in Robert Bolt's play A Man for All Seasons:

More: Yes! What would you do? Cut a great road through the law to get after the Devil?

Roper: Yes, I'd cut down every law in England to do that!

More: Oh? And when the last law was down, and the Devil turned 'round on you, where would you hide, Roper, the laws all being flat?

This country is planted thick with laws, from coast to coast, Man's laws, not God's! And if you cut them down (and you're just the man to do it!), do you really think you could stand upright in the winds that would blow then?

Yes, I'd give the Devil benefit of law, for my own safety's sake!

They've flattened the laws and still have protection. Nice trick. On all of us.

Intellectual Insurgent said...

What they fail to mention is that when the US ratifies a treaty, that treaty becomes the law of the land. Thus, we are not following the whims of some foreigners, we are following are laws. But since our laws are an inconvenience to them, I suppose they'll take any excuse to rewrite them.

Capt. Fogg said...

I used that quote back last year - somehow it seems to be appropriate to keep bringing it up.

There is no more law, there's just George.