Witness: [one interrogator] ordered a ladder to be brought, and they tied my chestand legs to it, my hands already having been tied before. I was then pressed underthree running taps in a bathroom. [Another interrogator] pressed a gunny bag onmy face and they tried to force water into me. They did not succeed because Istruggled and they left me under one tap which was running directly on my noseand face, a second flowing towards my body, and the third towards my legs.Prosecutor: How long were you left lying there?Witness: Approximately two hours.
The verdict:
In trials, both before U.S. military commissions, and as a participant in the InternationalMilitary Tribunal for the Far East (IMTFE)16 American judges or commissioners heard American prosecutors roundly condemn the practice as it was applied to American servicemen, and voted to convict the perpetrators. The United States was not alone in prosecuting water torture before national tribunals, nor were the Japanese its sole practitioner. It is worth comparing those trials with Norway?s prosecution of German defendants for the same form of misconduct,17 and the United Kingdom?s trial and execution of Japanese interrogators who used the method
How quickly we forget. :-There is no way around it. Waterboarding is torture and is declared a war crime BY OUR OWN COURTS of law.Link
That, and my concept (maybe I'm wrong but think not) that the Constitution also protects the rights of anyone under our jurisdiction… having captured someone puts them in our jurisdiction, eh?
I don't think it would, as then you could have civilian lawyers running to any POW captures on foreign soil. I think that if the U.S. brings the prisoners back to the U.S. then you'd have Constitutional protection.
10-4; anything in the field (at least in time of a declared war) would be military law and Geneva Convention et al. When we get them here USConst would be the instrument.While I'm not (nor do I professto be) a Constitutional law expert it seems like the 5th and the 14th amendments should protect due process, and such, in most cases. Several clauses speak of people / persons rather than citizens.Wally