Waterboarding is torture and anyone who allowed it/executed it should be prosecuted

What do you mean, torture isn't illegal? . http://www.realclearpolitics.com... . http://www.commondreams.org... . http://www.unhchr.ch... . http://news.bbc.co.uk... . http://www.hrweb.org... You can't go and tell me torture isn't illegal. "My opponent seems to be under the impression that I must prove that waterboarding is not torture, even though he, as affirmative, has failed to fulfill his burden of proof in claiming that it IS torture. " I think I did an adequate job, even so, I will elaborate. Torture, according to the United Nations Convention Against Torture, is any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him, or a third person, information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in, or incidental to, lawful sanctions (UN Convention Against Torture). Waterboarding inflicts considerable pain, both mental and physical, in order to get a confession or information. It's just as much torture as pulling out the rack. "Nonetheless, such a stance is not required to negate the resolution. " Actually, it is. "I am arguing against the second provision of the resolution, namely that "anyone who allowed (waterboarding)/executed (waterboarding) should be prosecuted". " That's great. You still have to at least address the first part. It's all or none. You can't pick and choose. "Secondly, I believe that these instances of waterboarding are justified and thus ought not to be criminally tried even if waterboarding WAS a crime. " If someone is really poor, and they can't afford food, and they ran out of food stamps, maybe they would see it as justified to steal some food. That may be the case. Does the legal system care? No way, Jose. "However, US soldiers who participate in armed combat are not prosecuted when they return to the US. " Being a soldier gives you some leeway from certain laws (killing, certain guns, etc. ). It does not let you torture, nor does anything. While I do concede that we never ratified the convention against torture, we did sign it, and we are also required to comply by the UDHR, which specifically bans torture. "One instance was used to stop a likely successful plot to destroy the Brooklyn Bridge" They could have tried other methods first, perhaps a legal one? "To say that the comfort of a terrorist should be valued above the lives of hundreds of Americans is ridiculous. " It shouldn't, but other methods should have been investigated first. And like I said in round 1, shooting someone inn the face gets them to shut up, but there are other ways in which to accomplish the same task. "What body would act as prosecutor in these trials? What group do they speak for? " The judicial system of the U. S. , of course. They speak for the constitution. The UN resolution requires us to regard torture as cruel and unusual. "What is this "international law" you refer to? Not agreements or treaties we have signed, but actual laws. " The UDHR gives us legal obligations. "What would be the action taken by the court if the parties are found guilty, and how does the court hold the authority to do so? " Much milder than what I would propose (In the words of Jesse Ventura, "you give me a water board, Dick Cheney and one hour, and I'll have him confess to the Sharon Tate murders. ") But realistically, they do deserve at least house arrest, if not prison, for an extended period of time, because torture is almost as bad--if not worse--than murder. The quote from Jesse Ventura in which I referenced earlier, "It's a good thing I'm not president because I would prosecute every person that was involved in that torture. I would prosecute the people that did it. I would prosecute the people that ordered it. Because torture is against the law. . .. [Waterboarding] is drowning. It gives you the complete sensation that you are drowning. It is no good, because you -- I'll put it to you this way, you give me a water board, Dick Cheney and one hour, and I'll have him confess to the Sharon Tate murders. . .. If it's -- if it's done wrong, you certainly could drown. You could swallow your tongue. You could do a whole bunch of stuff. If it's it done wrong or -- it's torture, Larry. It's torture. " I don't agree with everything Jesse Ventura says, but this quote I find absolutely perfect. It is a crystal clear message that we need to stop this madness.