New information has surfaced regarding the Bush administration's search for legal rationale to justify the use of torture. This time, it comes in the form of "Well gosh, if it's for the good of the country it's okay...".

<blockquote>While the Geneva Conventions prohibit “outrages upon personal dignity,” a letter sent by the Justice Department to Congress on March 5 makes clear that the administration has not drawn a precise line in deciding which interrogation methods would violate that standard, and is reserving the right to make case-by-case judgments.

“The fact that an act is undertaken to prevent a threatened terrorist attack, rather than for the purpose of humiliation or abuse, would be relevant to a reasonable observer in measuring the outrageousness of the act,” said Brian A. Benczkowski, a deputy assistant attorney general, in the letter, which had not previously been made public. - <a href=>NYT</a></blockquote>

It is worth noting, since Mr. Benczkowski brought up the Geneva Convention, that Article 1 of the General Provisions of the Convention states the following:

<blockquote>The High Contracting Parties undertake to respect and to ensure respect for the present Convention <b><i>in all circumstances</i></b>.</blockquote>

Article 2, para3 of the General Provisions of the Convention goes on to say:
<blockquote>Although one of the Powers in conflict <b><i>may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations</i></b>. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.</blockquote>

In short, Mr. Benczkowski's attempts to assert legal authority where none exists falls as flat as the rest of the Bush administration's attempts to circumvent US law and treaty obligations regarding the issue of torture. There is no exception under US law or treaty obligation which grants the Bush administration the authority to order the torture of detainees.

For a summary of US law and treaty obligations regarding torture, go <a href=http://www.hrw.org/english/docs/2004/05/24/usint8614.htm>HERE</a>.