Torture is illegal at all times, under all circumstances with no allowed exceptions.Submitted by go213mph on Fri, 04/26/2013 - 20:05
International law is clear and unequivocal. Torture is illegal at all times, under all circumstances with no allowed exceptions.
It violates constitutional protections. They include the 8th Amendment's guarantee against "cruel and unusual punishments."
Treaties America signed prohibit torture and other forms of ill-treatment. They're binding under the Constitution's Supremacy Clause.
"….all treaties made, or which shall be made, under the authority of the United States shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding."
Earlier Supreme Court rulings condemned force and other forms of ill-treatment amounting to torture. They include harsh interrogations, threats, sleep and food deprivation, prolonged isolation, whipping, slapping, beatings, and other forms of abuse.
Laws prohibiting torture are jus cogens. They're higher, compelling laws. No nation may pass legislation permitting it. No courts may justify it. Jus cogens prohibitions allow no immunity from criminal liability.