Our version of waterboarding is far different than the Japanese or Vietnamese, you stupid ol' coot!The Constitution in no way applies to non-american enemy combatants.
This isn't a damn global citizenship issue.
And, Waterboarding is not deemed torture nor illegal. And that comes from some great legal minds who ensured it wasn't, before Bush made it a useable policy.
You are a damnable liar. Waterboarding is considered torture.
Waterboarding is Illegal - Washington University Law Review
The Torture Act makes it a felony for any person, acting under color of law, to commit an act of torture upon any person within the defendants custody or control outside the United States.[27] Torture is defined as the intentional infliction of severe physical or mental pain or suffering upon a person within the defendants custody or control.[28] To be severe, any mental pain or suffering resulting from torture must be prolonged.[29] Under this law, torture is punishable by up to twenty years imprisonment unless the victim dies as a result of the torture, in which case the penalty is death or life in prison.[30]
The War Crimes Act differs from the Torture Act in several respects. It applies to acts committed inside or outside the United States, not simply to acts committed outside the United States.[31] Second, it prohibits actions by any American citizen or any member of the armed forces of the United States, not simply to persons acting under color of law.[32] Third, violations of the War Crimes Act that do not result in death of the victim are punishable by life in prison, not simply for a term of twenty years.[33] Finally, when it was enacted in 1996, the War Crimes Act did not mention torture or any other specific conduct like the Torture Act does, but rather contained a very broad definition of the offense. The original statute provided that war crimes included any grave breach of the Geneva Conventions.[34] In 2006, in the Military Commissions Act, Congress defined the term grave breach of Common Article 3 of the Geneva Convention to include torture as well as cruel or inhuman treatment of prisoners.[35] As in the Torture Act, the War Crimes Act (as amended by the Military Commissions Act of 2006) defines torture as the intentional infliction of severe physical or mental pain or suffering.[36] Cruel or inhuman treatment is defined as serious physical or mental pain or suffering, and also includes serious physical abuse.[37] The law defines serious physical pain or suffering as including extreme physical pain.[38] All of these clarifications of the term grave breaches of Common Article 3 were made retroactive to 1997.[39] The 2006 Act replaced the requirement that mental harm be prolonged with a more broad definition that mental harm be merely serious and non-transitory.[40]
The third federal statute that prohibits waterboarding is entitled Prohibition on Cruel, Inhuman or Degrading Treatment or Punishment of Persons under Custody or Control of the United States Government.[41] This law was enacted in 2005 as part of the Detainee Treatment Act,[42] and in 2006 it was supplemented in the Military Commissions Act by a statutory provision entitled Additional Prohibition on Cruel Inhuman or Degrading Treatment or Punishment.[43] These civil rights laws very simply state that no person under the physical control of the United States anywhere in the world may be subjected to any cruel, inhuman, or degrading treatment or punishment,[44] and they each define cruel, inhuman, or degrading treatment or punishment to be any treatment or punishment which would violate the Fifth, Eighth, or Fourteenth Amendments to the Constitution of the United States.[45] These civil rights laws award the same rights to all prisoners who are in the custody of the United States anywhere in the world as citizens of the United States are entitled to under the Constitution. This means that if it is unconstitutional to subject prisoners in the United States to waterboarding, then it is illegal to commit this act against prisoners in the War on Terror, wherever they are being detained.
There is no doubt that waterboarding is illegal under the plain language of each of these four statutes. When it is practiced in other countries, the State Department characterizes waterboarding as torture.[46] Waterboarding inflicts severe pain and suffering on its victims, both physically and mentally, and therefore it is torture within the meaning of the Torture Act and the War Crimes Act.[47] It inflicts serious pain and suffering upon its victims, and it qualifies as serious physical abuse, therefore it is cruel or inhuman treatment within the meaning of the War Crimes Act.[48] Finally, American courts have ruled that when prisoners in the United States are subjected to waterboarding, it is a violation of the Fifth, Eighth, and Fourteenth Amendments, and therefore it would be a violation of 42 U.S.C. §§ 2000dd and 2000dd-0 prohibiting cruel, inhuman, or degrading treatment.[49]
Why don't you name those great legal minds?
How so?