What Are United States Treaties?

Treaties are legally-binding formal written agreements between two or more sovereign states or organizations. The United States enters into treaties that are negotiated by the Executive Branch including the Department of State, with “advice and consent” on ratification by the United States Senate. Once a Treaty is signed, unless there are special provisions, the treaty is law inside the United States. 

What is the Relationship Between the Constitution and Treaties?

​The Constitution puts on par with itself treaties between the United States and other nations:

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land.”

Two international treaties that are relevant for Illegally Targeted People are listed below. 

The Geneva Convention

The Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War
The Geneva Convention (Geneva, August, 12, 1949) contains rules designed to protect civilians that apply only in times of armed conflict. But according to the Report on the Legal and Policy Frameworks Guiding the United States’ Use of Military Force and Related National Security Operations, the President of the United States is still submitting to Congress a War Powers Report every six months. All parties must at all times distinguish between civilian objects and military objectives and, according to Rule 7. The Principle of Distinction between Civilian Objects and Military Objectives, attacks must not be directed against civilian objects.

How Can Treaties Help You?

www.targetedamerica.com/treaties.html#Conventionwww.targetedamerica.com/treaties.html#Conventionwww.targetedamerica.com/treaties.html#ConventionTreaties signed by the United States are legally binding because, unlike human rights’ proclamations,  they are considered federal law by the Constitution. They can make torture and abuse illegal.

Treaties can only help Illegally Targeted People (ITPs) inside the United States if Congress passes corresponding laws specifying so. We are researching this area, but so far we do not know of any federal legislation outlawing torture in the United States.  For the treaty below, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Congress passed corresponding legislation 
18 U.S. Code § 2340 – Torture and Conspiracy to Commit Torture. But this legislation only outlaws torture outside of the United States.

We can work with international human rights organizations or activists to put pressure on Congress to make torture and other abuses illegal inside the United States, and at the same time expose the surveillance and torture of  ITPs.

​Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

The United States is a signatory of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (English version pp. 25-41 of linked file). This legally binding treaty, signed April 18, 1988 and ratified October 21, 1994, defines torture as "any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for a variety of reasons." The Articles 1, 2 and 4 of Part I of the treaty is included here:

The States Parties to this Convention,

Adopted and opened for signature, ratification and accession by General Assembly resolution 39/46 of 10 December 1984 entry into force 26 June 1987, in accordance with article 27 (1)The States Parties to this Convention,

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Recognizing that those rights derive from the inherent dignity of the human person,

Considering the obligation of States under the Charter, in particular Article 55, to promote universal respect for, and observance of, human rights and fundamental freedoms,

Having regard to article 5 of the Universal Declaration of Human Rights and article 7 of the International Covenant on Civil and Political Rights, both of which provide that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment,

Having regard also to the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly on 9 December 1975,

Desiring to make more effective the struggle against torture and other cruel, inhuman or degrading treatment or punishment throughout the world,

Have agreed as follows:

PART I

Article 1
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, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, 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. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

2. This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application.

Article 2
1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.

2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.

3. An order from a superior officer or a public authority may not be invoked as a justification of torture.

[Article 3 skipped]

Article 4
1. Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture.

2. Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature.

Vertical Divider

---

The Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War
The Geneva Conventions (Geneva, 12 August 1949) are rules that apply only in times of armed conflict and seek to protect people who are not or are no longer taking part in hostilities including civilians.

It might appear that the Geneva convention might not apply if the United States is not in a state of war, but according to the H.R.2810 - National Defense Authorization Act for Fiscal Year 2018 and the Report on the Legal and Policy Frameworks Guiding the United States’ Use of Military Force and Related National Security Operations the President of the United States submitted to Congress on December 11, 2017 and every six months after, consistent with the War Powers Resolution, "hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances" a war Powers report. The War Powers Report includes: Afghanistan, Iraq, Syria, Yemen, Somalia, Libia, and Niger.

According to the International Committee of the Red Cross (ICRC), International humanitarian law is based on treaties, in particular the Geneva Conventions and their Additional Protocols, and a series of other conventions and protocols on specific topics. There is also a substantial body of customary law that is binding on all States and parties to a conflict.

The parties to the conflict must at all times distinguish between civilian objects and military objectives according to Rule 7. The Principle of Distinction between Civilian Objects and Military Objectives Attacks may only be directed against military objectives. Attacks must not be directed against civilian objects. State practice establishes this rule as a norm of customary international law applicable in both international and non-international armed conflicts. The three components of this rule are interrelated and the practice pertaining to each reinforces the validity of the others. Belligerent reprisals against civilian objects are discussed in Chapter 41.