Obama Takes a Good Half Step Toward an Unequivocal Ban on Torture

For indispensable reporting on the coronavirus crisis, the election, and more, subscribe to the Mother Jones Daily newsletter.


It’s worth mentioning that the Obama administration has finally decided to take a more expansive view of where torture and “cruel, inhuman or degrading treatment” are banned:

The Obama administration, after an internal debate that has drawn global scrutiny, is taking the view that the cruelty ban applies wherever the United States exercises governmental authority, according to officials familiar with the deliberations. That definition, they said, includes the military prison at Guantánamo Bay, Cuba, and American-flagged ships and aircraft in international waters and airspace.

But the administration’s definition still appears to exclude places like the former “black site” prisons where the C.I.A. tortured terrorism suspects during the Bush years, as well as American military detention camps in Afghanistan and Iraq during the wars there. Those prisons were on the sovereign territory of other governments; the government of Cuba exercises no control over Guantánamo.

Why exclude black sites? Administration officials apparently say this is just a “technical matter of interpretation, underlined by concerns that changing the jurisdictional scope could have unintended consequences, like increasing the risk of lawsuits by overseas detainees or making it harder to say that unrelated treaties with similar jurisdictional language did not apply in the same places.”

I can….almost buy that. Lawyers and diplomats get pretty hung up on stuff like this. Nonetheless, I’d be a lot happier if Obama could be a little more Bush-like here, and simply overrule the legal eagles and insist on a clear and unequivocal policy. It’s hard to believe there isn’t a way to do that which wouldn’t somehow wreck a bunch of other treaties at the same time.

So two cheers for doing the right thing. But not three.

DOES IT FEEL LIKE POLITICS IS AT A BREAKING POINT?

Headshot of Editor in Chief of Mother Jones, Clara Jeffery

It sure feels that way to me, and here at Mother Jones, we’ve been thinking a lot about what journalism needs to do differently, and how we can have the biggest impact.

We kept coming back to one word: corruption. Democracy and the rule of law being undermined by those with wealth and power for their own gain. So we're launching an ambitious Mother Jones Corruption Project to do deep, time-intensive reporting on systemic corruption, and asking the MoJo community to help crowdfund it.

We aim to hire, build a team, and give them the time and space needed to understand how we got here and how we might get out. We want to dig into the forces and decisions that have allowed massive conflicts of interest, influence peddling, and win-at-all-costs politics to flourish.

It's unlike anything we've done, and we have seed funding to get started, but we're looking to raise $500,000 from readers by July when we'll be making key budgeting decisions—and the more resources we have by then, the deeper we can dig. If our plan sounds good to you, please help kickstart it with a tax-deductible donation today.

Thanks for reading—whether or not you can pitch in today, or ever, I'm glad you're with us.

Signed by Clara Jeffery

Clara Jeffery, Editor-in-Chief

payment methods

We Recommend

Latest