The Human Stain: President Dunderhead #1

Excerpted from today's White House press conference:

Q: Mr. President, your administration had all summer to negotiate with lawmakers on the detainee legislation. How is that you now find yourself in a situation where you have essentially an open rebellion on Capitol Hill, led by some of the leading members of your own party, very respected voices in military affairs? And, secondly, would you veto the bill if it passes in the form that the Armed Services Committee approved yesterday?

BUSH: First, we have been working throughout the summer, talking to key players about getting a bill that will enable the program to go forward.......The Article 3 of the Geneva Convention is hard for a lot of citizens to understand. But let's see if I can put it this way for people to understand: There is a very vague standard that the court said must — well, it's kind of — be the guide for our conduct in the war on terror and the detainee policy. It's so vague that it's impossible to ask anybody to participate in the program for fear — for that person having a fear of breaking the law. That's the problem.

So, is Article 3 difficult for citizens to understand?

Article 3

In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each party to the conflict shall be bound to apply, as a minimum, the following provisions:

1. Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.

To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:

(a) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;

(b) Taking of hostages;

(d) The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples.

2. The wounded and sick shall be collected and cared for.

An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.

The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.

The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.

So the article prohibits murder, mutilation, cruel treatment, torture, hostage taking, humiliating and degrading treatment, calls for judicial sentencing recognized by civilized societies, and requires caring for the wounded and sick. One can see familiar concepts from the US Constitution, the Ten Commandments, the Bible, the Hippocratic Oath and a myriad of other decent/human documents in Article 3. Seems pretty clear to this citizen.

Perhaps we can dumb it down – so that Chimpie can understand it also. Lets try this:

In 1964, Justice Potter Stewart tried to explain "hard-core" pornography, or what is obscene, by saying, "I shall not today attempt further to define the kinds of material I understand to be embraced . . . [b]ut I know it when I see it . . .

Georgie, think about the word “torture” instead of the phrase “hard core pornography” and repeat the sentence aloud:

"I shall not today attempt further to define the kinds of material I understand to be embraced . . . [b]ut I know it when I see it . . .

Next try “humiliating treatment”:

"I shall not today attempt further to define the kinds of material I understand to be embraced . . . [b]ut I know it when I see it . . .

Now try them all, see you can do it. Good boy.
Posted on The Human Stain