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:

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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.

A Question of Torture

A Question of Torture
Author: Alfred McCoy
Publisher: Metropolitan Books
Total Pages: 324
Release: 2007-04-01
Genre: History
ISBN: 1429900687

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A startling exposé of the CIA's development and spread of psychological torture, from the Cold War to Abu Ghraib and beyond In this revelatory account of the CIA's secret, fifty-year effort to develop new forms of torture, historian Alfred W. McCoy uncovers the deep, disturbing roots of recent scandals at Abu Ghraib and Guantánamo. Far from aberrations, as the White House has claimed, A Question of Torture shows that these abuses are the product of a long-standing covert program of interrogation. Developed at the cost of billions of dollars, the CIA's method combined "sensory deprivation" and "self-inflicted pain" to create a revolutionary psychological approach—the first innovation in torture in centuries. The simple techniques—involving isolation, hooding, hours of standing, extremes of hot and cold, and manipulation of time—constitute an all-out assault on the victim's senses, destroying the basis of personal identity. McCoy follows the years of research—which, he reveals, compromised universities and the U.S. Army—and the method's dissemination, from Vietnam through Iran to Central America. He traces how after 9/11 torture became Washington's weapon of choice in both the CIA's global prisons and in "torture-friendly" countries to which detainees are dispatched. Finally McCoy argues that information extracted by coercion is worthless, making a case for the legal approach favored by the FBI. Scrupulously documented and grippingly told, A Question of Torture is a devastating indictment of inhumane practices that have spread throughout the intelligence system, damaging American's laws, military, and international standing.

Normative Transformation and the War on Terrorism

Normative Transformation and the War on Terrorism
Author: Simon Frankel Pratt
Publisher: Cambridge University Press
Total Pages: 229
Release: 2022-01-13
Genre: Political Science
ISBN: 1316515176

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Sociological analysis of the transformation of prohibitions on assassination, torture, and mercenaries as components of the US War on Terror.

Transnational Torture

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

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"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.

Torture and Truth

Torture and Truth
Author: Mark Danner
Publisher:
Total Pages: 573
Release: 2005
Genre: Iraq War, 2003-
ISBN: 9781862077720

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The revelation of widespread torture of Iraqi prisoners in Abu Ghraib shocked the world. In this, the first book of its kind, leading investigative journalist Mark Danner reveals just how complicit the US government was (and remains) in allowing and condoning such abuse.

Tortured Logic

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

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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.

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

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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.

Human Rights in the 'War on Terror'

Human Rights in the 'War on Terror'
Author: Richard Wilson
Publisher: Cambridge University Press
Total Pages: 376
Release: 2005-10-03
Genre: Law
ISBN: 9780521853194

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This book reviews the war on terror since 9/11 from a human rights perspective.

None of Us Were Like This Before

None of Us Were Like This Before
Author: Joshua E. S. Phillips
Publisher: Verso Books
Total Pages: 255
Release: 2012-07-04
Genre: Political Science
ISBN: 1844678849

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None of Us Were Like This Before recounts the dark journey of a tank battalion as its focus switched from conventional military duties to guerilla warfare and prisoner detention. Author Joshua E. S. Phillips tells a story of ordinary soldiers, ill trained for the responsibilities foisted upon them, who descended into a cycle of degradation that led to the abuse of detainees. The book illustrates that the damaging legacy of torture is borne not only by the detainees, but also by American soldiers and the country to which they have returned.