The Torture Debate in AmericaKaren J. Greenberg Cambridge University Press, 2005 M11 21 - 414 pages As a result of the work assembling the documents, memoranda, and reports that constitute the material in The Torture Papers the question of the rationale behind the Bush administration's decision to condone the use of coercive interrogation techniques in the interrogation of detainees suspected of terrorist connections was raised. The condoned use of torture in any society is questionable but its use by the United States, a liberal democracy that champions human rights and is a party to international conventions forbidding torture, has sparked an intense debate within America. The Torture Debate in America captures these arguments with essays from individuals in different discipines. This volume is divided into two sections with essays covering all sides of the argument from those who embrace absolute prohibition of torture to those who see it as a viable option in the war on terror and with documents complementing the essays. |
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... Unthinkable .. Andrew C. McCarthy 4 The Curious Debate .. Joshua Dratel 5 Is Defiance of Law a Proof of Success ? Magical Thinking in the War on Terror . . . Stephen Holmes 98 111 .. 118 6 Through a Mirror , Darkly : Applying the Geneva.
... Unthinkable .. Andrew C. McCarthy 4 The Curious Debate .. Joshua Dratel 5 Is Defiance of Law a Proof of Success ? Magical Thinking in the War on Terror . . . Stephen Holmes 98 111 .. 118 6 Through a Mirror , Darkly : Applying the Geneva.
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... apply law to facts . What that requires , above all , is judgment . That is what judges do . That is what judges have to do . And that is what they have been deprived of doing in this context because the Executive has made decisions ...
... apply law to facts . What that requires , above all , is judgment . That is what judges do . That is what judges have to do . And that is what they have been deprived of doing in this context because the Executive has made decisions ...
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... apply to al Qaeda ; that the President had the constitutional authority to suspend Geneva as between the United States and Afghanistan ( though he was not then exercising that authority " at this time " ) ; that common Article 3 of ...
... apply to al Qaeda ; that the President had the constitutional authority to suspend Geneva as between the United States and Afghanistan ( though he was not then exercising that authority " at this time " ) ; that common Article 3 of ...
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Karen J. Greenberg. of Geneva did not apply to either al Qaeda or the Taliban ; and that because the Taliban were " unlawful combatants " they did not enjoy prisoner of war status . We do not know , and may never know , all of the ...
Karen J. Greenberg. of Geneva did not apply to either al Qaeda or the Taliban ; and that because the Taliban were " unlawful combatants " they did not enjoy prisoner of war status . We do not know , and may never know , all of the ...
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... applies , or hears rumors of ghost detainees , of high - value captives held for years of interrogation in the top ... apply . The liberal fiction of the conscientious interrogator overlooks a division of moral labor in which the ...
... applies , or hears rumors of ghost detainees , of high - value captives held for years of interrogation in the top ... apply . The liberal fiction of the conscientious interrogator overlooks a division of moral labor in which the ...
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Common terms and phrases
2002 Memorandum Abu Ghraib abuse advice Afghanistan al Qaeda Alberto Gonzales American apply argument armed conflict attack authority bomb Bybee Memo civilians client concluded conduct Congress constitute torture court crimes criminal cruel customary international law death definition of torture degrading treatment Department of Justice detainees detention enemy combatants ethics Executive federal Geneva Conventions Gonzales Guantánamo Bay Human Rights infliction inhuman interrogation techniques Iraq John Yoo laws of war memoranda military moral necessity defense Office of Legal OLC's pain or suffering party person POW status practice President President's prisoners prisoners of war prohibition prolonged mental harm prosecution protections Protocol Qaeda question Report requires rules Section self-defense severe mental pain severe pain severe physical pain specific intent statute supra note Taliban terrorism terrorist threat tion Torture Convention Torture Papers treatment or punishment treaty U.S. Department United unlawful combatants violate war on terror WH Counsel
Popular passages
Page 104 - 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...
Page 155 - Our Government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the Government becomes a lawbreaker, it breeds contempt for law ; it invites every man to become a law unto himself; it invites anarchy.
Page 178 - While the significance of national and regional particularities and various historical, cultural and religious backgrounds must be borne in mind, it is the duty of States, regardless of their political, economic and cultural systems, to promote and protect all human rights and fundamental freedoms.
Page 329 - Declaration, torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted...
Page 156 - Protected persons are entitled, in all circumstances, to respect for their persons, their honour, their family rights, their religious convictions and practices, and their manners and customs. They shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof and against insults and public curiosity.
Page 342 - Although the five techniques, as applied in combination, undoubtedly amounted to inhuman and degrading treatment, although their object was the extraction of confessions, the naming of others and/or information and although they were used systematically, they did not occasion suffering of the particular intensity and cruelty implied by the word torture as so understood.
Page 303 - ... the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.