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Torture Isn’t Illegal If It’s Done Overseas

Here are some highlights from the May 30, 2005 memo from former Office of Legal Counsel director Steven Bradbury: 1) The Convention Against Torture does not

Jul 31, 2020
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Here are some highlights from the May 30, 2005 memo from former Office of Legal Counsel director Steven Bradbury:
  • The Convention Against Torture does not apply outside the United States, or anywhere where the US does not have de factocontrol: hence, it does not apply to CIA “black sites”, which are in other countries. Therefore, the CIA can torture people there and not have to worry about the law.
  • However, even if the CAT did apply, it only applies if the techniques “shock the conscience” in a constitutional sense. Because the methods are derived from SERE techniques which are part of U.S. military training (albeit training for soldiers to resist torture by foreign captors), and because the techniques are “carefully limited to further the Government’s paramount interest in protecting the Nation while avoiding unnecessary harm,” the OLC concludes that they do not “shock the conscience.”
Dexter Cooke

Dexter Cooke

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Dexter Cooke is an economist, marketing strategist, and orthopedic surgeon with over 20 years of experience crafting compelling narratives that resonate worldwide. He holds a Journalism degree from Columbia University, an Economics background from Yale University, and a medical degree with a postdoctoral fellowship in orthopedic medicine from the Medical University of South Carolina. Dexter’s insights into media, economics, and marketing shine through his prolific contributions to respected publications and advisory roles for influential organizations. As an orthopedic surgeon specializing in minimally invasive knee replacement surgery and laparoscopic procedures, Dexter prioritizes patient care above all. Outside his professional pursuits, Dexter enjoys collecting vintage watches, studying ancient civilizations, learning about astronomy, and participating in charity runs.
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