Indefensible

"Mr. Womack, Specialist Graner's lawyer, said he doubted the incident took place. If it happened, he said, his client had been ordered to strike the detainee. And, in any event, a certain amount of violence was to be expected, he said.

"Striking doesn't mean a lot," he added. "Breaking a rib or a bone, that would be excessive."

1. For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession...when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.

United Nations Convention against Torture, 1984

"Mr. Volzer, the lawyer for Specialist Ambuhl, said what took place was intimidation, not torture. "I wouldn't term it abuse," he said."

"'torture' means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control."

Title 18, Part 1, Chapter 113C, Section 2340 of United States Code

"In defending against the charge that Sergeant Davis stomped on a detainee's feet, his lawyer, Mr. Bergrin, said he would make the case that the prisoner was not hurt.

"He may have stepped on the hands," Mr. Bergrin said, "but there was no stomping, no broken bones."

Article 17. Every prisoner of war, when questioned on the subject, is bound to give only his surname, first names and rank, date of birth, and army, regimental, personal or serial number, or failing this, equivalent information.

No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind whatever. Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to unpleasant or disadvantageous treatment of any kind.

Third Geneva Convention on the treatment of prisoners of war