The Transnational Practice and Regulation of Torture in the American 'War on Terror'

The Transnational Practice and Regulation of Torture in the American 'War on Terror'
Author: Alan William Clarke
Publisher:
Total Pages: 394
Release: 2010
Genre: Prisoners of war
ISBN:

U.S. use of torture and inhumane and degrading treatment in interrogating prisoners in the war on terror is well established. Linked to earlier harsh practices by the intelligence establishment, the U.S. established a torture culture in response to the "war on terrorism." So-called "harsh" or "alternative" interrogation techniques came to be accepted practices in the treatment of detainees. We have come to understand that, despite denials, this means using torture as an interrogation technique. Furthermore, revelations that the National Security Council, sitting in formal session, and with the specific approval by President Bush, micromanaged the interrogation of "high value" detainees, provides legal and political cover such that domestic and international prosecution will be difficult, if not impossible. Moreover, passage of the Military Commissions Act of 2006 (MCA) retroactively excused certain potential breaches of the Geneva Conventions and provided some, but not absolute, insulation from prosecution by domestic courts. These specific interrogation techniques were vetted, case-by-case, in minute detail, by the nation's highest lawyers, and approved at the very top. Regardless of any potential gaps left by the MCA, domestic courts will not likely find that following such orders were "manifestly unlawful" as the law has developed since Nuremberg. Other nations will likely find it politically inexpedient to prosecute either high-level U.S. officials or low-level governmental employees. Thus, the U.S. may succeed in an end-run around any exercise of universal jurisdiction by any of the world's courts. However, this has not been without cost, and international pressures are combining to bring these practices to a halt. Finally, The United States knowingly and intentionally rendered people, some of whom were innocent of any connection to terrorism, to torture. Others simply disappeared. While the United States steadfastly denies that it rendered people to torture, evidence continues to accumulate that it indeed did so. These renditions have caused multiple legal, political and international problems for the United States. Although the Obama administration maintains the right to continue with extraordinary renditions, these international and domestic pressures make continuance of the Bush program unlikely.

Torture and Its Definition in International Law

Torture and Its Definition in International Law
Author: Metin Baolu
Publisher: Oxford University Press
Total Pages: 571
Release: 2017
Genre: Law
ISBN: 0199374627

This book presents an interdisciplinary approach to definition of torture by a group of prominent scholars of behavioral sciences, international law, human rights, and public health. It represents a first ever attempt to compare behavioral science and international law perspectives on definitional issues and promote a sound theory- and evidence-based understanding of torture.

Transnational Torture

Transnational Torture
Author: Jinee Lokaneeta
Publisher: NYU Press
Total Pages: 304
Release: 2011-08-29
Genre: Law
ISBN: 0814752802

"Transnational Torture by Jinee Lokaneeta reviewed with Prachi Patankar" on the blog Kafila. Evidence of torture at Abu Ghraib prison in Iraq and harsh interrogation techniques at Guantánamo Bay beg the question: has the “war on terror” forced liberal democracies to rethink their policies and laws against torture? Transnational Torture focuses on the legal and political discourses on torture in India and the United States—two common-law based constitutional democracies—to theorize the relationship between law, violence, and state power in liberal democracies. Analyzing about one hundred landmark Supreme Court cases on torture in India and the United States, memos and popular imagery of torture, Jinee Lokaneeta compellingly demonstrates that even before recent debates on the use of torture in the war on terror, the laws of interrogation were much more ambivalent about the infliction of excess pain and suffering than most political and legal theorists have acknowledged. Rather than viewing the recent policies on interrogation as anomalous or exceptional, Lokaneeta effectively argues that efforts to accommodate excess violence—a constantly negotiated process—are long standing features of routine interrogations in both the United States and India, concluding that the infliction of excess violence is more central to democratic governance than is acknowledged in western jurisprudence.

Tortured Logic

Tortured Logic
Author: Joseph K. Young
Publisher: Columbia University Press
Total Pages: 296
Release: 2020-07-28
Genre: Political Science
ISBN: 0231548095

Experts in the intelligence community say that torture is ineffective. Yet much of the public appears unconvinced: surveys show that nearly half of Americans think that torture can be acceptable for counterterrorism purposes. Why do people persist in supporting torture—and can they be persuaded to change their minds? In Tortured Logic, Erin M. Kearns and Joseph K. Young draw upon a novel series of group experiments to understand how and why the average citizen might come to support the use of torture techniques. They find evidence that when torture is depicted as effective in the media, people are more likely to approve of it. Their analysis weighs variables such as the ethnicity of the interrogator and the suspect; the salience of one’s own mortality; and framing by experts. Kearns and Young also examine who changes their opinions about torture and how, demonstrating that only some individuals have fixed views while others have more malleable beliefs. They argue that efforts to reduce support for torture should focus on convincing those with fluid views that torture is ineffective. The book features interviews with experienced interrogators and professionals working in the field to contextualize its findings. Bringing empirical rigor to a fraught topic, Tortured Logic has important implications for understanding public perceptions of counterterrorism strategy.

Does Torture Prevention Work?

Does Torture Prevention Work?
Author: Richard Carver
Publisher: Oxford University Press
Total Pages: 688
Release: 2016
Genre: Law
ISBN: 1781383308

In the past three decades, international and regional human rights bodies have developed an ever-lengthening list of measures that states are required to adopt in order to prevent torture. But do any of these mechanisms actually work? This study is the first systematic analysis of the effectiveness of torture prevention. Primary research was conducted in 16 countries, looking at their experience of torture and prevention mechanisms over a 30-year period. Data was analysed using a combination of quantitative and qualitative techniques. Prevention measures do work, although some are much more effective than others. Most important of all are the safeguards that should be applied in the first hours and days after a person is taken into custody. Notification of family and access to an independent lawyer and doctor have a significant impact in reducing torture. The investigation and prosecution of torturers and the creation of independent monitoring bodies are also important in reducing torture. An important caveat to the conclusion that prevention works is that is actual practice in police stations and detention centres that matters - not treaties ratified or laws on the statute book.

Why Torture Doesn’t Work

Why Torture Doesn’t Work
Author: Shane O'Mara
Publisher: Harvard University Press
Total Pages: 333
Release: 2015-11-30
Genre: Family & Relationships
ISBN: 0674743903

Torture is banned because it is cruel and inhumane. But as Shane O’Mara writes in this account of the human brain under stress, another reason torture should never be condoned is because it does not work the way torturers assume it does. In countless films and TV shows such as Homeland and 24, torture is portrayed as a harsh necessity. If cruelty can extract secrets that will save lives, so be it. CIA officers and others conducted torture using precisely this justification. But does torture accomplish what its defenders say it does? For ethical reasons, there are no scientific studies of torture. But neuroscientists know a lot about how the brain reacts to fear, extreme temperatures, starvation, thirst, sleep deprivation, and immersion in freezing water, all tools of the torturer’s trade. These stressors create problems for memory, mood, and thinking, and sufferers predictably produce information that is deeply unreliable—and, for intelligence purposes, even counterproductive. As O’Mara guides us through the neuroscience of suffering, he reveals the brain to be much more complex than the brute calculations of torturers have allowed, and he points the way to a humane approach to interrogation, founded in the science of brain and behavior. Torture may be effective in forcing confessions, as in Stalin’s Russia. But if we want information that we can depend on to save lives, O’Mara writes, our model should be Napoleon: “It has always been recognized that this way of interrogating men, by putting them to torture, produces nothing worthwhile.”