CONTRADICTION BETWEEN EXPECTED & ACTUAL HUMAN CONDUCT IN A WAR SITUATION
Whether you call it butchery or genocide or brutality in Bucha, Kyiv and Mariupol, inhuman massacre was allowed to take place not for capturing but for terrorising, rather, devastating.
The mere fact that humans have carried out the onslaught on the fellow human beings of ones same nationality and ethnicity (majority being senior citizens,women and children), should lead to hanging our heads in utter shame.
More than ten thousand are dead and 1,50,000 being stuck up in acute crisis for almost a month during a “special operation” which has entered 43rd day, Video and audio evidence tells all.
Helpless individuals living in crammed up space, bereft of water, electricity, gas,essential food items, medicines ,one can imagine the plight. Even a humanitarian corridor has been ruled out .Think about status of ventilation and sanitation also under the freezing temperature.
More shock waves concerning war crimes and killings are expected unless Good sense prevails over the minds that matter. It is not that people of suffering nationality living elsewhere or those earlier dependent on trade relations with the sufferers are unaffected. Infact more of insanity will lead to ripples being felt everywhere.
Now that indiscriminate sacrilege has slowed a bit and some civilian areas are visible, one can imagine what the scene would be when huge heap of debris gets cleared. More signs of butchery, something akin to gas chambers of World War II are bound to surface.
U.N.Convention Against Torture( CAT)
The UNCAT signed by USA and 140 other countries long ago is clearly against all kinds of cruel, inhuman or degrading treatment. Though torture according to the Convention is defined as the infliction of severe physical and mental suffering committed under the colour of law, under no circumstances it can be permitted. Torture is prohibited as such , under the customary International law.
Parties to the convention are obligated to take effective legislative, administrative, judicial or other measures to pre emt acts of torture,in any territory under their jurisdiction.
When one comes across torture of a Russian woman Spy(Sniper) alleged accused of having committed 40 murders of Ukraineans by the people who have trapped and tortured her for extracting information or for that matter discovery of more than 40 dead bodies in Bucha ,additional killing of 300 civilians or may be Armymen in the same city ,the US Amendment to such a Manual in September 6th 2006 assumes significance.
WHAT IS PROHIBITED ?
Inter alia , it PROHIBITES following eight techniques in conjunction with intelligence interrogations :
a) Compelling the detainee to be naked, perform sexual acts or pose in a sexual manner,
b) Placing hoods or sacks over their heads,
c) Application of electric shocks,burns or other forms of physical pain,
d) Water boarding,
e) Use of Military dogs against them,
f) Inducing Hypothermia or heat injury,
g) Conduct of mock executions and
h) Depriving the detainee of necessary food, water or medical care.
According to informations culled out from Internet ,USA has been” leader” in application of CAT towards persons captured in Iraq and Afghanistan.(ostensively they have refrained from pushing their own troops in ongoing conflict between Russia and Ukraine so far).
Why only they? Neither they, nor Russia or Ukraine or Pakistan bother for standards owed under the 1949 Geneva Convention concerning the protection of civilians and POW’s during an armed conflict.
While George Bush Junior administration in USA was somewhat brutal (video evidence of naked Iraqi men prisoners was shown to tourists), the Barack Obama administration in 2009 issued an Executive order stating that all detainees held by USA during an armed conflict be treated more consistently with several domestic statutes and international agreements, including CAT.
Interrogation Techniques of Other Nations
Coming to Non U.S .bodies,whether some interrogation techniques rise to the level of torture ,there are serious doubts about British interrogation techniques used in Northern Ireland,as confirmed by the European Commisision of Human Rights. These relate to weight loss and adverse effects to their acute psychiatric systems during an interrogation.
In the same way, the ECHR has found interrogation techniques adopted by the Israelis against the Palestinian security detainees as completely unacceptable given Israel’s obligations under Articles 2 and 16 of the CAT. Their techniques ,such as, use of loud music for prolonged periods, sleep deprivations, violent shaking, use of cold air to chill etc. are definitely more inhuman.
Proposed Move to Suspend Russia from U.N. Human Rights Council
In view of available evidence regarding hundreds of dead bodies in Bucha, Kyiv and elsewhere, as a result of war crimes by the Russians, USA and allies may insist on vote for suspending her from UN’s premier Human Rights organ.
Signs of Change in India’s Stand ?
Speaking at the meeting of the UNSC which was addressed by President V. Zelensky, India’ s Permanent Representative at the U.N. has considered mass killing of civilians as Deeply disturbing. While unequivocally condemning the gory events and supporting for the first time,the stand for an independent investigation, India has,yet again avoided naming Russia. If the World body takes up the issue, India,’s reiteration in form of abstaintion may be most likely.
But even after witnessing harrowing videos of dead bodies shown by President Zelensky whether the U.N. or any of its organs will act strongly against Russia for their war crimes, that remains to be seen. So far only country to lose its membership at the Council was Libya in 2011,when long time dictator M.Gadhafi lost power.
In all eventuality, process of torture and devastation by a tired Russian army may slow down but same may not end the PROXY WAR between the two Super powers.
Dr.Aaloc Srivastav,
IAS(R),
Ex- C S,Sikkim.