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Torture and Research Experimentation: Official Policy under Bush and Obama

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"But in attempting to legitimize the crime of torture, the lawyers left those who authorized and performed the research open to the charge of illegal human experimentation," as well as an unconscionable medical ethics breach.


Human Experimentation and Human Subject Protections


Under George Bush, torture became official US policy, a topic this writer addressed in July 2008, accessed through the following link:


click here


By executive orders, presidential findings, memoranda, memos, and other documents, Bush's "doctrine of presidential prerogative" made everything permissible, supplemented by Congress enacting laws like the Military Commissions Act - called the "torture authorization act" by exempting CIA torturers from prosecution.


The law amended the 1966 War Crimes Act (defining them as breaches of Geneva that unequivocally prohibits torture), made it retroactive to 1997, with language banning:


"The act of a person who subjects, or conspires or attempts to subject, one or more persons within his custody or physical control to biological experiments without a legitimate medical or dental purpose and in so doing endangers the body or health of such person or persons."


The new language lowered the bar on experimentation through a loophole permitting so-called "legitimate" kinds, unrelated to detainees' well being.


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