No Comment — November 5, 2007, 5:03 am

The Bellinger-Sands Debate

When was the last time that the American secretary of state’s senior legal adviser was an object of near-universal ridicule in the international legal community? In my lifetime, only once: right now. The legal adviser in question is John Bellinger. Earlier this year, he delivered a talk at The Hague. A British colleague who had attended alerted me to it, and I wrote about it in “The Report from Cloudcuckooland.” The audience’s reaction, I was told, was “derisory, barely polite.” And the reason for the public contempt consistently shown Bellinger by the legal community is simple: He finds it impossible to condemn torture. No legal adviser before him had any problem with that proposition. Alas, Bellinger is responsible for defending the posture of the Bush Administration, which “does not torture,” except, of course, when it tortures with gusto.

Bellinger professed his defense of torture most recently in a debate with Professor Philippe Sands, one of Britain’s preeminent international-law authorities. And in so doing, Bellinger used almost exactly the same studied dodges and evasions that were used by Michael Mukasey in his recent appearance before a Senate committee, which suggests that they have now emerged as some fairly formal doctrine. The Guardian reports:

The top legal adviser within the US state department, who counsels the secretary of state, Condoleezza Rice, on international law, has declined to rule out the use of the interrogation technique known as waterboarding even if it were applied by foreign intelligence services on US citizens. John Bellinger refused to denounce the technique, which has been condemned by human rights groups as a form of torture, during a debate on the Bush administration’s stance on international law held by Guardian America, the Guardian’s US website. He said he would not include or exclude any technique without first considering whether it violated the convention on torture.

The inability of a senior US official to rule out such an interrogation method even in the case of it being used against Americans underlines the legal knots in which the administration has tied itself. The dispute over alleged US involvement in torture has threatened to derail the confirmation of Michael Mukasey as President George Bush’s nominee for attorney general. Mr Mukasey, a retired federal judge, faces a confirmation vote from the Senate judiciary committee tomorrow and is facing opposition from Democratic members over his stance on waterboarding. In earlier hearings, Mr Mukasey said he found the method repugnant, but refused to declare it illegal. There has been speculation that he refrained from doing so out of fear that such a declaration would expose US interrogators, as well as their chain of command, possibly up to the level of the president, to possible criminal prosecution.
Waterboarding is a technique in which a prisoner is made to believe he is drowning by placing a cloth over his face and pouring water over it. The procedure is banned by the US military, but has been used in an unknown number of interrogations of terrorist suspects by the CIA. Reports have suggested the CIA outlawed the method last year, but the Bush administration has yet to confirm this.

Mr Bellinger made his remarks during a Guardian debate with Philippe Sands QC, professor of international law at University College London. Mr Sands asked whether he could imagine any circumstances in which waterboarding could be justified on an American national by a foreign intelligence service. “One would have to apply the facts to the law to determine whether any technique, whatever happened, would cause severe physical pain or suffering,” Mr Bellinger said.

Note the depravity to which the Bush Administration is now descending. It is prepared to accept the torture of American intelligence personnel as legal . . . just so long as it gets to torture whenever it would like.

If you think you can stomach being this embarrassed by a representative of your government, listen to the Bellinger–Sands debate or read the full transcript here. As debates go, it’s not a very evenly matched affair. Bellinger is left as a grease spot on the stage. Which demonstrates the majesty of the Bush Administration’s international-law policy.

Share
Single Page

More from Scott Horton:

Conversation March 30, 2016, 3:44 pm

Burn Pits

Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.

Context, No Comment August 28, 2015, 12:16 pm

Beltway Secrecy

In five easy lessons

From the April 2015 issue

Company Men

Torture, treachery, and the CIA

Get access to 165 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

May 2016

Unhackable

= Subscribers only.
Sign in here.
Subscribe here.

American Imperium

= Subscribers only.
Sign in here.
Subscribe here.

Fighting Chance

= Subscribers only.
Sign in here.
Subscribe here.

Front Runner

= Subscribers only.
Sign in here.
Subscribe here.

The Habits of Highly Cynical People

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Post
Elisabeth Zerofsky on Marine Le Pen, Paul Wachter on the quest for an unhackable email, Rebecca Solnit on cynical people, Andrew J. Bacevich on truth and fiction in the age of war, Samuel James photographs E.P.L. soccer, a story by Vince Passaro, and more

I sat in a taxi with Emma and her son, Stak, all three bodies muscled into the rear seat, and the boy checked the driver’s I.D. and immediately began to speak to the man in an unrecognizable language.

I conferred quietly with Emma, who said he was studying Pashto, privately, in his spare time. Afghani, she said, to enlighten me further.

Illustration by Taylor Callery
Article
Front Runner·

= Subscribers only.
Sign in here.
Subscribe here.

"The F.N. asked to be sent to an institution whose legitimacy it did not accept, and French voters rewarded the party with first place in the election."
Illustration (detail) by Matthew Richardson
Memoir
I Am Your Conscious, I Am Love·

= Subscribers only.
Sign in here.
Subscribe here.

A paean 2 Prince
"And one thinks, Looking into Prince's eyes must be like looking at the world."
Photo ©© PeterTea
Article
Stop Hillary!·

= Subscribers only.
Sign in here.
Subscribe here.

"As wacky as it sometimes appears on the surface, American politics has an amazing stability and continuity about it."
Article
Plexiglass·

= Subscribers only.
Sign in here.
Subscribe here.

I sat in a taxi with Emma and her son, Stak, all three bodies muscled into the rear seat, and the boy checked the driver’s I.D. and immediately began to speak to the man in an unrecognizable language.

I conferred quietly with Emma, who said he was studying Pashto, privately, in his spare time. Afghani, she said, to enlighten me further.

Photograph (detail) by Karine Laval

Age at death last March of the sturgeon Nikita, Khrushchev’s gift to Norway, after an accidental immersion in salt water:

38

There were new reports of cannibalism in North Korea.

The Finnish postal service announced it will begin mowing lawns on Tuesdays.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Mississippi Drift

By

Matt was happy enough to sustain himself on the detritus of a world he saw as careening toward self-destruction, and equally happy to scam a government he despised. 'I’m glad everyone’s so wasteful,' he told me. 'It supports my lifestyle.'

Subscribe Today