The Center for Constitutional Rights has expressed concern that
President Obama's executive order banning torture may contain a
loophole. But no president has any right to declare torture legal or
illegal, with or without loopholes. And if we accept that presidents
have such powers, even if our new president does good with them, then
loopholes will be the least of our worries.
Torture is, and has long been, illegal in every case, without exception.
It is banned by our Bill of Rights, the Universal Declaration of Human
Rights, the Geneva Convention relative to the Treatment of Prisoners of
War, the International Covenant on Civil and Political Rights, the
Convention Against Torture and Other Cruel Inhuman or Degrading
Treatment or Punishment, and Title 18, U.S. Code, Section 2340A. Nothing
any president can do can change this or unchange it, weaken it or
strengthen it in any way.
Preventing torture does not require new legislation from Congress or new
orders from a new president. It requires enforcing existing laws. In
fact, adherence to the Convention Against Torture, which under Article