The US Senate voted on Wednes-day to make clear that the US will not use torture against detainees, following recent disclosures of Bush administration memos contending the government may not be bound by international anti-torture principles in the war against terror.
The measure, passed by a voice vote as an amendment to a defense spending bill, says the US "shall not engage in torture or cruel, inhuman or degrading treatment ... a standard that is embodied in the US Constitution and in numerous international agreements which the United States has ratified."
The amendment would also require the secretary of defense to issue guidelines to ensure troops comply with the standards and report to Congress on any suspected violations.
There is no equivalent legislation in the House of Representatives defense authorization bill and the two chambers would have to decide whether to include it in the final version.
"The world is watching us," said the legislation's sponsor, Democratic Senator Richard Durbin. "They are asking whether the United States will stand behind its treaty obligations in the age of terrorism."
Memos from Justice Department and White House lawyers disclosed last week have argued that a president can order torture or any other interrogation methods as part of his powers as commander-in-chief of the military. One, an August 2002 memo from then-Assistant Attorney General Jay Bybee, says torture "may be justified" in some interrogations of terrorist suspects.
US President George W. Bush himself last week sidestepped a question about whether he thought torture was immoral, saying that his instructions were "to adhere to law."
"We do not condone torture and the president has never authorized the use of torture," White House deputy press secretary Trent Duffy said on Wednesday.
But rights groups and other critics say the memos laid the legal foundation for Iraqi prisoner abuses and were aimed mainly to show that international treaties banning torture do not apply to al-Qaeda and Taliban prisoners.
"In the age of terrorism, we may be tempted by the notion that torture is justified. Our enemies certainly do not respect any rules in their relentless quest to kill Americans," Durbin said. "But this nation's commitment to principle, even during difficult times, is what distinguishes us from the terrorists we fight."
In other business related to the prisoner controversy, the Senate, by a 54 to 43 vote, defeated legislation that would have forced the Defense Department to cut back on its use of civilian contractors, who are accused along with military troops of having mistreated Iraqis at the Abu Ghraib prison outside of Baghdad.
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