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Politics : Formerly About Advanced Micro Devices
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To: Steve Dietrich who wrote (482829)5/22/2009 2:42:39 PM
From: TimF   of 1575994
 
But the language i offered isn't just US law, it's international law

That doesn't matter. If something reality did shape itself to whatever the law said it wouldn't matter whether it was domestic or international. More importantly it doesn't so change itself.

Just as statutory rape of a consenting 17 year old isn't actually rape. (It generally doesn't get treated legally exactly the same as real rape, and its prosecuted as "statutory rape", not as "rape", but even if it did get treated the same, it wouldn't really be rape.)

How can argue it's an outlier? Equivalent to calling verbal abuse rape? That doesn't hold up.

Its almost exactly equivalent to a domestic law calling verbal abuse rape, and its precisely equivalent to a treaty calling verbal abuse rape.

Remember my point isn't about waterboarding, or other actions which might legitimately be called torture, but rather about the most mild actions which fit the definition you provided. If the definition is solid it should properly apply to even the most mild actions under it and this one doesn't.

I think the definition the treaty drafters chose was so broad because they didn't want a definition that would exclude any form of actual torture. That's understandable, and you probably do need a broad definition to include all real torture. But a legal definition should properly work the other way. You shouldn't outlaw a X, anything that isn't X.
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