In the most recent totalitarian move which no politician will do a damn thing about, the Bush administration drafted amendments to the War Crimes Act which will protect them retroactively from criminal charges for authorizing the abuse of prisoners. This comes at an opportune time when the major media outlets are primarily focused on the presumed threat of Islamic terrorists hijacking planes.

At issue are interrogations carried out by the CIA and the degree to which harsh tactics such as water-boarding were authorized by administration officials. A separate law, the Uniform Code of Military Justice, applies to the military. The Washington Post newspaper first reported on the War Crimes Act amendments Wednesday. One section of the draft would outlaw torture and inhuman or cruel treatment but it does not contain prohibitions from Article 3 of the Geneva Conventions against “outrages upon personal dignity, in particular humiliating and degrading treatment.”

For those unfamiliar, the practice of water-boarding is as follows. The victim is restrained to a board with their head lower than their feet and a piece of cloth is held tightly over their face. Water is then poured onto the cloth, making breathing extremely difficult. The intent is to make the victim increasingly fearful of death by asphyxiation. Since the lungs are higher than the mouth the victim is unlikely to actually die. Water-boarding is used to impose anguish without leaving visible marks. The administration is intent on pushing the draft through Congress to legally protect those who carry out and authorize water-boarding and other similar acts of torture.

The White House said that the bill will apply to the conduct of any US personnel, regardless of whether the action was committed before or after the law is enacted. The White House claims that Common Article 3 of the Geneva Conventions contains “vague terms” which this bill will bring clarity to. However, Eugene Fidell, president of the National Institute of Military Justice says, “I think what this bill can do is in effect immunize past crimes. That’s why it’s so dangerous… (The initiative is) not just protection of political appointees but also CIA personnel who led interrogations.” Another lawyer said this bill is so important to the administration because these interrogation practices follow policies formed at the highest levels of the US government.

In America nearly 1 out of every 100 citizens is incarcerated, the majority there for non-violent crimes. Essentially, lawmakers will never be tried for their more serious crimes against humanity since they have the ability to pass laws excluding themselves from punishment.

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