Waterboarding: A Tortured Illegality (Part 1)

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Here is what Donald Trump said on the campaign trail:

I happen to think that when you’re fighting an enemy that chops off heads, I happen to think that we should use something that’s stronger than we have right now. Right now, basically, waterboarding is essentially not allowed, as I understand it. … I would certainly like it to be, at a minimum, at a minimum to allow that.

In this blog series we will investigate the legality of waterboarding. I embark on this investigation in anticipation of future debate on torture and waterboarding.

Let’s begin by defining the central term.

What is waterboarding?

Waterboarding is a procedure where a person is bound to an inclined platform. A cloth is placed over their face and water is poured over the person’s face. This procedure makes the person feel their lungs are filling with water and they are drowning.

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