Perhaps, as Justice Scalia told a Swiss university audience earlier this month, it is indeed “very facile” for Americans to declare that “torture is terrible.” The justice posited to his listeners a classic ticking-time-bomb scenario—this one involving “a person that you know for sure knows the location of a nuclear bomb that has been planted in Los Angeles and will kill millions of people”—and asked, “You think it’s clear that you cannot use extreme measures to get that information out of that person?” Now, I didn’t see that episode of 24, but I have read my Bill of Rights, and I’m far more inclined to align myself here with James Madison than with Jack Bauer—or with Antonin Scalia.Psychopaths, sadists, and Scalia notwithstanding, no one really asks the asinine question, “Is torture terrible?” because it’s already been answered. Torture, George Washington told his troops in 1775, brings “shame, disgrace, and ruin” to the country; earlier this month, Sen. John McCain called the CIA’s enhanced interrogation tactics “shameful and unnecessary” and decried their employment. The UN expressly banned torture in the Universal Declaration of Human Rights in 1948 and twice underlined the position in the International Covenant on Civil and Political Rights (adopted in 1966) and Convention Against Torture (adopted in 1984). Common Article 3 to the Geneva Conventions (1949) prohibits “violence of life and person, in particular murder of all kinds, mutilation, cruel treatment and torture,” as well as “outrages upon personal dignity, in particular humiliating and degrading treatment.” Finally, torture is illegal in the United States under federal law.Read More.Source: The Nation/Katrina Vanden Heuvel