From: Jim Devine

From: Juan Cole



The only way you even got laws against torture is that they were
self-interested-- forbidding one's own troops to torture is a way of trying
to prevent their being tortured when captured by the enemy (and ensuring
there is punishment, a la Nuremburg, for war crimes.

^^^^^^^
CB: I'm not sure that the impetus to the US Eighth Amendment was not
"morality" rather than self-interest:

"Eighth Amendment – Prohibition of excessive bail and cruel and
unusual punishment.
Excessive bail shall not be required, nor excessive fines imposed, nor
cruel and unusual punishments inflicted. "

The main German crime was mass murder, not torture, no ?

^^^^^^^

 Note that Stalin wanted
just to summarily execute 50,000 - 100,000 German officers. Roosevelt
demurred, jesting that surely 49,000 would be enough. In the end Henry
Stimson's plan for war crimes trial was approved by Truman.

^^^^^
CB: Summary execution is sort of the opposite of torture.  The pain is
very brief;   even the pain of anticipation is brief compared to
sitting on death row for a long time.  "Summary" means "fast" .

The criticism of Stalin here would not be for torture but denial of a
trial.  On the other hand, at that moment , status as a German combat
officer on the Eastern Front might have been fairly good proof that
one had participated in war crimes. Easy for FDR to make jokes about
it.
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