Book, Whole. Forsythe, David P. Freeman, Colin. Gutting, Gary, and Jeff Mcmahan. Hassner, Ron E. Isikoff, Michael. Masters, James. Mayer, Jane. United Nations. Quinlan, Michael. Serwer, Adam. Can He Do It? Accessed November 25, Sullivan, Andrew. Thienel, Tobias. Walton, Calder. Damien Van Puyvelde Date written: December Before you download your free e-book, please consider donating to support open access publishing.
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It is published as part of our mission to showcase peer-leading papers written by students during their studies. Image by takomabibelot via Google Images. Ethics and Torture As explained by Ron Hassner, [11] the ticking bomb scenario consists of a terrorist that has planted a timed bomb in a heavily populated place.
The Effectiveness of Torture Torture is not only prohibited based on moral and legal grounds but also because it is not an effective interrogation technique. Torture: not Ethical nor Pragmatic As seen above, the realist and consequentialist ethical views on torture, which legitimise the practice, allow states to implement torture programmes.
Obama, Barack. Ensuring Lawful Interrogations, Pub. The prohibition of torture is enshrined in many conventions and declarations within the international human rights and humanitarian law. Similarly, it was established by the Geneva Conventions and the Additional Protocols that serious violations of international humanitarian law, including torture and other inhuman treatment, constitute war crimes in both international and non-international armed conflicts.
As already mentioned, perhaps the most significant international law instrument used to combat torture is the Convention Against Torture, or the CAT. Most of countries in the world have signed and ratified the CAT and other international human rights treaties and conventions. Inflicting torture on someone does not end without consequences. Both international and national law instruments oblige countries and governments to search for persons suspected to have committed torture acts and bring them before justice.
Countries have a duty to enact legislation that prohibits acts of torture and other forms of ill-treatment and punish those who commit them and those who order them to be committed. Individual perpetrators, thus, can be held criminally responsible for committing these crimes.
According to the Article 4 of the CAT, all countries must ensure that all acts of torture are regarded as offences under their criminal law, including attempts to commit torture and any acts by any person that constitute participation or complicity of torture.
States are obliged to punish these acts in an appropriate manner, as well as to establish jurisdiction over the acts of torture where the offences are committed in any territory under their jurisdiction, or where the alleged offender or the victim is a national of the country. Additionally, countries are obliged to search for persons suspected to have committed acts of torture and make torture an extraditable offence in any extradition treaty they sign with other country.
As already mentioned, torture methods are ineffective interrogation tool and evidence extracted from torture cannot be used as evidence. Under Article 15 of the CAT, any statement made as a result of torture shall not be invoked as evidence in any proceeding, unless it is used against a person accused of torture as evidence that the statement was made.
There is a common misconception that generally torture is linked solely to issues of counter-terrorism and national security due to high profile torture cases around the world. However, according to research conducted by the Amnesty International, torture can happen to anyone , including people from ethnic minorities, student activists, protesters, petty criminals, and to those people who were simply in the wrong place at the wrong time.
In most cases it is marginalized and poor people who get beaten, raped by police and humiliated, with no one to hear their cries for help and help them.
It does not take long for one to conclude that torture acts are cruel, immoral and dehumanizing. According to advocates against torture, torturers rather treat as a thing than a person. That means that they dehumanize their victims to make it easier to torture them.
Torturers use the physical body of the victim as a tool to achieve their goals and not as component part of a person. They also use torture to destroy the autonomy of the victim. For example, some societies have use different torture methods to suppress independent and individual thinking and force people to adopt the desired way of thinking. In these cases, victims are tortured until they accept to abandon their own belief systems and views and adopt those of their torturers.
While the rest of the world is expected to abide by the UN Convention against Torture, for example, the Americans evaluate international law on the basis of whether it serves their interests. The interrogations, torture and socialization of prison turned most of the men rounded up by Mubarak into hardened militants, thirsty for revenge: they would become the foot soldiers of terrorism. Not only will torture create a dedicated core of anti-American jihadists, their stories will lose us the "hearts and minds" campaign with the larger Muslim population.
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