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 August 5, 2016, 12:08 pm

Lincoln’s Party

Sidney Blumenthal on the origins of the Republican Party, the fallout from Clinton’s emails, and his new biography of Abraham Lincoln

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

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

United States Canada

CATEGORIES

THE CURRENT ISSUE

October 2016

Psychedelic Trap

= Subscribers only.
Sign in here.
Subscribe here.

The Hamilton Cult

= Subscribers only.
Sign in here.
Subscribe here.

Held Back

= Subscribers only.
Sign in here.
Subscribe here.

Division Street

= Subscribers only.
Sign in here.
Subscribe here.

Innocents

= Subscribers only.
Sign in here.
Subscribe here.

The Quiet Car

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
The Hamilton Cult·

= Subscribers only.
Sign in here.
Subscribe here.

"The past is complicated, and explaining it is not just a trick, but a gamble."
Illustration by Jimmy Turrell
Article
Division Street·

= Subscribers only.
Sign in here.
Subscribe here.

"Perfectly sane people lose access to housing every day, though the resultant ordeal may undermine some of that sanity, as it might yours and mine."
Photograph © Robert Gumpert
Article
Held Back·

= Subscribers only.
Sign in here.
Subscribe here.

"'We don’t know where the money went!' a woman cried out. 'They looted it! They stole our money!'"
Artwork by Mischelle Moy
Article
The Quiet Car·

= Subscribers only.
Sign in here.
Subscribe here.

Flor Arely Sánchez had been in bed with a fever and pains throughout her body for three days when a July thunderstorm broke over the mountainside. She got nervous when bolts of light flashed in the sky. Lightning strikes the San Julián region of western El Salvador several times a year, and her neighbors fear storms more than they fear the march of diseases — first dengue, then chikungunya, now Zika. Flor worried about a lot of things, since she was pregnant.

Late in the afternoon, when the pains had somewhat eased, Flor thought she might go to a dammed-up bit of the river near her house to bathe. She is thirty-five and has lived in the same place all her life, where wrinkled hills are planted with corn, beans, and fruit trees. She took a towel and soap and walked out into the rain. Halfway to the river, the pains returned and overcame her. The next thing Flor remembers, she was in a room she didn’t recognize, unable to move. As she soon discovered, she was in a hospital, her ankle cuffed to the bed, and she was being investigated for abortion.

Photograph by Joshua Lutz
Article
Innocents·

= Subscribers only.
Sign in here.
Subscribe here.

"The next thing Flor remembers, she was in a room she didn’t recognize, unable to move. As she soon discovered, she was in a hospital, her ankle cuffed to the bed, and she was being investigated for abortion."
Photograph © Nadia Shira Cohen

Average duration of a Japanese prime minister’s tenure since August 1993, in months:

16

Brain shrinkage has no effect on cognition.

An Indianapolis fertility doctor was accused of using his own sperm to artificially inseminate patients, and a Delaware man pleaded guilty to fatally stabbing his former psychiatrist.

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