TRIALS BY FIRE - Belfer Center for Science and International Affairs

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TRIALS BY FIRE - Belfer Center for Science and International Affairs

Domestic Laws and International Treatieson InterrogationDomestic LawUS Constitution, Fifth Amendment(Due Process)US Constitution, Eighth Amendment(No cruel and unusual punishment)18 USC §§ 2340–2340A(Federal torture statute – criminalizesacts that occur outside the specialmaritime and territorial jurisdictionof the United States)18 USC § 2441(War Crimes Act – criminalizesgrave breaches of the Geneva Conventions)International LawInternational Covenant for Civil andPolitical Rights, Articles 9, 14 and 15. (Onarrest, detentions and legal tribunals)International Covenant on Civil andPolitical Rights, Article 7 (Prohibits cruel,inhuman and degrading treatment orpunishment of any person)UN Convention Against Torture (Ratifiedby US with various reservations, understandings,and declarations, including acondition that the definition of torturecomport with the federal torture statute)Geneva Conventions, Common Article 3(Prohibits “cruel treatment and torture”of wounded and sick military personnel,prisoners of war, and civilians)18 USC § 113(Federal assault statute)18 USC § 114(Federal maiming statute)18 USC § 2261A(Federal “stalking” statute)10 USC §§ 893, 924, 928, 934(Uniform Code of Military Justice,articles 93, 124, 128, 134)42 USC § 2000dd(Detainee Treatment Act of 2005)Pub. L. 109–366(Military Commissions Act of 2006)28 USC §1350(Torture Victims Protection Act)

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