When Right Is Wrong

Former US President George W. Bush is on tour to promote a sketch of his life in a book entitled Decision Points. Only two years away from finishing his two-terms in office, Bush continues to be a polarizing figure. Some characterize him with pejorative remarks and claim he was unfit for the job from the beginning. Others are more sympathetic. Regardless of one's own political viewpoint or opinion on the 43rd president, there is one issue in Decision Points that merits reflection by Americans and the world more than any other - state-sponsored torture.
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Do you remember where you were and what you were doing on 9/11/2001? Of course, you do. If you are American, your shock, pain, anger, grief and feelings of helplessness were probably even more acute. Americans, who happened to be living abroad at the time, came together to share a profound moment of identity and brotherhood. Unfortunately, some Americans allowed their anger to overtake their reason entirely, and they became anti-Muslim and began using hate speech. Fortunately, President Bush did not have such a visceral reaction to the religion of the crescent moon. He deserves credit for immediately stating that Islam is a peaceful religion and its people devoted to peace. Wisely, he accepted an invitation by Muslim leaders to visit a mosque - something not accorded to non-Muslims - and gave them a nationwide platform to espouse their peaceful ideals. This was George W. Bush at his best, and he deserves to be credited for not defining a religion of billions by the acts of a small percentage of radicals.
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Bush did, however, have a visceral reaction to Al-Qaeda and the Taliban, and his emotional, non-statesmanlike approach to international violence led him down the path of political ruin. Consider his reaction to the hijackers as related in Decision Points,
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'My blood was boiling. We were going to find out who did this, and kick their ass.'
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Although his anger is certainly understandable, emotion has no place in the international arena. Statesmen, to be true statesmen, need to possess uncanny sang-froid and have the ability to coolly resolve crises by calculated, rational thought.
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From his retributive mindset, Bush made policy choices on how to handle captured Al-Qaeda figures. According to his account in Decision Points, defense officials in the government presented him with a list of coercive methods as possible options to gather intelligence from recalcitrant, top Al-Qaeda figures. After 'a careful legal review' (his words), he allowed members of the US government to use waterboarding as a 'technique' to gather intelligence.
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If 'a careful legal review' had actually been conducted, it would have concluded that waterboarding was torture - a practice and behavior in violation of the US constitution and the UN Declaration of Human Rights (drafted in part by Eleanor Roosevelt). Furthermore, 'a careful legal review' would have uncovered the prosecution of members of the Japanese military for using waterboarding torture methods on American POWs in World War II.
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The Eighth Amendment of the US Constitution states, 'Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.' One may point out that Al-Qaeda radicals are not Americans and thus cannot claim protection under the Constitution. Even if true, however, the Constitution is embedded with cultural ethics and values. Hence, James Madison and his cohorts were inscribing an ideal of humanity and justice to be pursued above and beyond the baleful conduct of centuries past.
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As the driving force behind the creation and adoption of the UN Declaration of Human Rights in 1948, the United States successfully elevated the universal value contained in its Eighth Amendment to an international level in the wording of Article Five that reads, 'No one should be subject to torture, or to cruel, inhuman or degrading treatment or punishment.' Even if a case - albeit a specious one - could be made that waterboarding is not torture, which it certainly was by the standards of US law in 1787 and 1945, it inescapably fits the description of 'degrading treatment or punishment' and thus violates universal values and international norms.
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In Decision Points, Bush recalls when he was asked by government officials for permission to use waterboarding on one of the masterminds of 9/11 - Khalid Sheik Mohammad. In response, Bush uttered two words, 'Damn right.'
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No, Mr. Bush. By all legal, historical and human accounts, you were indeed 'Damn wrong.'
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(Photo: President George W. Bush)
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J Roquen