Download or read book The Institutionalization of Torture by the Bush Administration written by M. Cherif Bassiouni and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States has historically been regarded as a moral leader opening the pathway for human rights. The country which for so long has struggled for the establishment of the rule of law - as well as to be a model for other nations in observing it - has, since September11, 2001, committed abhorrent practices of torture, which the US has fought against when committed by others. What seems astonishing is that such practices took place within a climate of significant public indifference, and even with some public support. Time and again, observers of tragic historic events reveal that it is not so much the evil doing of the few which allows the worst atrocities to occur, as it is the indifference of the many. The Bush administration assumed neither moral nor legal responsibility, and in the end, it is hard-put to show what positive results may have been obtained for so many transgressions. The history of law and legal institutions has long proven the error of accepting the Machiavellian principle that the ends justify the means. In addition, the proposition that torture prevents terrorism cannot be proven true. Under torture, people tend to say whatever is expected of them. However, this is not only about pragmatic pursuits. It is about morality and ethics. The judgement has already been made that torture is unlawful. In addition, the Guantanamo Bay practices and the unlawful seizure of persons in different parts of the world by the CIA - after which they are transferred to countries where they are tortured - have proven that hard evidence is highly unlikely to be attained under torture. Most of the detainees have been proven to have no connection to terrorism and most of them have been released because they were wrongly arrested. Guantanamo represents a failed policy that has done much damage to the moral authority of the US. Aberrant views of torture as necessary because the ends justify the means have not generated much negative reaction from the legal profession - despite the fact that the 1984 Convention against Torture, the Geneva Conventions, the US Constitution, and the laws of the US have clearly prohibited such practices. This book examines such questions as: Are the events of September 11, 2001 enough to have us reopen the question of whether the medieval practice of torture should be allowed? Are they enough to have its institutionalized practice undermine the integrity of the US legal process and system of law, and to undermine the country's moral leadership in the world? The answer to these questions has to be a resounding and unqualified no. The US must, therefore, take quick and confident action to make amends and to hold responsible those who promoted a policy of torture. M. Cherif Bassiouni, in April 2012, received the Wolfgang Friedmann Memorial Award which is given by the Columbia Journal of Transnational Law to a distinguished scholar or practitioner who has made outstanding contributions to the field of international law. *** ...exquisitely detailed the way in which American governmental institutions bypassed international law in order to allow the creation of a policy that allowed torture. Bassiouni paints a striking portrait of the abuses and violations of international law by Bush's Administration, the way these actions strike at the heart of the American tradition, and the actions that must be taken to save America's collective conscience. - Prof. Karen Greenberg, Executive Director of the Center on Law and Security, NYU School of Law

Download or read book Torture As Public Policy written by James P. Pfiffner and published by Routledge. This book was released on 2015-11-17 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: After September 11, 2001 the Bush Administration decided that the most important intelligence about terrorism would come from the interrogation of captives suspected of terrorism. As a result, many detainees were subject to harsh interrogation techniques that at times amounted to torture. Here, James P. Pfiffner authoritatively examines the policy directives, operational decisions, and leadership actions of the Bush Administration that reversed centuries of US policy on the treatment of enemy prisoners. He shows how the serious reservations of career military lawyers about these policies were overcome by the political appointees of the Bush Administration. Pfiffner then analyses the philosophical and legal underpinnings of the policies and practices that have led to the denunciation of the United States' policies by its allies and adversaries throughout the world. Looking ahead, Pfiffner anticipates Obama administration policy changes to restore U.S. credibility and accountability. In all, Torture as Public Policy is a model of detailed policy analysis that demonstrates how greatly public policy matters beyond the back corridors of bureaucracy.

Download or read book The United States and Torture written by Marjorie Cohn and published by NYU Press. This book was released on 2012-04 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Torture has been a topic of national discussion ever since it was revealed that “enhanced interrogation techniques” had been authorized as part of the war on terror. The United States and Torture provides us with a larger lens through which to view America's policy of torture, one that dissects America's long relationship with interrogation and torture, which roots back to the 1950s and has been applied, mostly in secret, to “enemies,” ever since. The United States and Torture opens with a compelling preface by Sister Dianna Ortiz, who describes the unimaginable treatment she endured in Guatemala in 1987 at the hands of the the Guatemalan government, which was supported by the United States. Following Ortiz's preface, an interdisciplinary panel of experts offers one of the most comprehensive examinations of torture to date, beginning with the Cold War era and ending with today's debate over accountability for torture.

Download or read book The Question of Torture written by Natasha Baker and published by . This book was released on 2012-12-16 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: THE QUESTION OF TORTURE serves to clarify and concretize the controversy surrounding the debate on torture as it pertains to the War on Terror during the Bush Administration years. It argues that policy and rhetoric decisions made at the top of the political food chain contributed to the instances of abuse and torture that occurred in the various arenas of the war (e.g. Afghanistan, Iraq, Guantanamo, and CIA "black sites"). Such an argument is made through an analysis of what defines interrogation and torture, what techniques were in fact authorized, what factors went into determining which techniques to use, and what influence these techniques had on abuses that occurred.THE QUESTION OF TORTURE concludes with policy updates based on lessons learned and briefly addresses the efforts made by the Obama Administration in regards to torture, interrogation and terrorism.The issues addressed in here go to the heart of a liberal democracy's key challenge: how to balance safety and freedom, security and liberty, protection and privacy.

Download or read book The Torture Memos written by David Cole and published by The New Press. This book was released on 2009-09-08 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: On April 16, 2009, the Justice Department released never-before-seen secret memos describing, in graphic detail, the brutal interrogation techniques used by the CIA under the Bush administration's "war on terror." Now, for the first time, the key documents are compiled in one remarkable volume, showing that the United States government's top attorneys were instrumental in rationalizing acts of torture and cruelty, employing chillingly twisted logic and Orwellian reasoning to authorize what the law absolutely forbids. This collection gives readers an unfiltered look at the tactics approved for use in the CIA's secret overseas prisons—including forcing detainees to stay awake for eleven days straight, slamming them against walls, stripping them naked, locking them in a small box with insects to manipulate their fears, and, of course, waterboarding—and at the incredible arguments advanced to give them a green light. Originally issued in secret by the Office of Legal Counsel between 2002 and 2005, the documents collected here have been edited only to eliminate repetition. They reflect, in their own words, the analysis that guided the legal architects of the Bush administration's interrogation policies. Renowned legal scholar David Cole's introductory essay tells the story behind the memos, and presents a compelling case that instead of demanding that the CIA conform its conduct to the law, the nation's top lawyers contorted the law to conform to the CIA's abusive and patently illegal conduct. He argues eloquently that official accountability for these legal wrongs is essential if the United States is to restore fidelity to the rule of law.

Download or read book Talking About Torture written by Jared Del Rosso and published by Columbia University Press. This book was released on 2015-06-09 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the photographs depicting torture at Iraq's Abu Ghraib prison were released in 2004, U.S. politicians attributed the incident to a few bad apples in the American military, exonerated high-ranking members of the George W. Bush administration, promoted Guantánamo as a model prison, and dismissed the illegality of the CIA's use of "enhanced interrogation." By the end of the Bush administration, members of both major congressional parties had come to denounce enhanced interrogation as torture and argue for the closing of Guantánamo. What initiated this shift? In Talking About Torture, Jared Del Rosso reviews transcripts from congressional hearings and scholarship on denial, torture, and state violence to document this wholesale change in rhetoric and attitude toward the use of torture by the CIA and the U.S. military during the War on Terror. He plots the evolution of the "torture issue" in U.S. politics and its manipulation by politicians to serve various ends. Most important, Talking About Torture integrates into the debate about torture the testimony of those who suffered under American interrogation practices and demonstrates how the conversation continues to influence current counterterrorism policies, such as the reliance on drones.

Download or read book The Torture Papers written by Karen J. Greenberg and published by Cambridge University Press. This book was released on 2005-01-03 with total page 1306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Documents US Government attempts to justify torture techniques and coercive interrogation practices in ongoing hostilities.

Download or read book Bush the Detainees and the Constitution written by Howard Ball and published by . This book was released on 2007 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focuses on the recent "Enemy Combatant Cases" to provide a stern critique of the legal and constitutional basis for the enormous expansion of presidential power during the Bush administration's "War on Terror," and the challenges (especially in the Supreme Court) that such expansion has inspired.

Download or read book Under the Color of Law written by Martin Henn and published by Lexington Books. This book was released on 2012-07-10 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the Color of Law constitutes a full and critical scholarly commentary to the text of five key Bush administration legal memoranda formative of U.S. counterterrorism policy from 2001 to 2009. This volume is dedicated to the idea that these documents are worthy of being read and critically examined in themselves as primary text, precisely because the act of critical assessment may yield meaningful policy reform in the ongoing debate facing the nation over balancing security interests with the preservation of civil liberties. This volume is intended to provide counterpoint for, and antithesis to, positions vigorously defended by President Bush's attorneys working at the OLC inside the Department of Justice, and it is designed to be used primarily in conjunction with and examined as response to the Bush-era documents themselves. Martin Henn investigates five central questions, each framed around commentary to a specific administration document. This work addresses the Yoo-Flanigan Memorandum of September 25, 2001, and asks whether any President has constitutional power to initiate a foreign war without congressional authorization. Regarding President Bush's November 13 executive order of 2001, Henn asks whether an emergency of war permits any President to usurp judicial and legislative powers to interpret law and define and punish offences against the law of nations. Along with many other questions these documents initiate, the author carefully analyzes and seeks to answer questions regarding the Bush administration, the use of interrogational coercion and torture in the war on terror.

Download or read book Examining Torture written by T. Lightcap and published by Springer. This book was released on 2014-09-04 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States' use of torture and harsh interrogation techniques during the "War on Terror" has sparked fervent debate among citizens and scholars surrounding the human rights of war criminals. Does all force qualify as "necessary and appropriate" in this period of political unrest? Examining Torture brings together some of the best recent scholarship on the incidence of torture in a comparative and international context. The contributors to this volume use both quantitative and qualitative studies to examine the causes and consequences of torture policies and the resulting public opinion. Policy makers as well as scholars and those concerned with human rights will find this collection invaluable.

Download or read book Administration of Torture written by Jameel Jaffer and published by . This book was released on 2007-10-06 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the American media published photographs of U.S. military personnel abusing prisoners at Abu Ghraib, the Bush administration assured the world that the perpetrators were "rogue soldiers" and that abuse was isolated. But the government's own documents, uncovered by the American Civil Liberties Union, show that abuse was pervasive in overseas U.S. detention facilities and, more disturbing still, that senior officials endorsed the abuse as a matter of policy. In Administration of Torture, Jameel Jaffer and Amrit Singh draw the connection between the policies adopted by senior civilian and military officials and the widespread torture and abuse that took place on the ground. Administration of Torture also reproduces hundreds of government documents-including interrogation directives, FBI e-mails, and Defense Department investigative files-that constitute both an important historical record and a profound indictment of the Bush administration's policies with respect to the detention and interrogation of prisoners.

Download or read book The Politics of Torture written by T. Lightcap and published by Springer. This book was released on 2011-08-15 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why did it happen? Why did the United States begin to torture detainees during the War on Terror? Instead of an indictment, this book presents an explanation. Crises produce rare opportunities for overcoming the domestic and foreign policylogjams facing political leaders. But what if the projects used to address the crisis and provide cover for their domestic policy initiatives come under serious threat from clandestine opponents? Then the restraints on interrogation can be overwhelmed, leading to the creation ofinformal institutions that allow the official establishment of torture. These ideas are tested using comparative historical narratives drawn from two cases where torture was adopted - the War on Terror and the Stalinist Terror - and one where it was not - the Mexican War. The book concludes with some thoughts about how the United States can avoid the legal establishment of torture in the future.

Download or read book The Terror Presidency Law and Judgment Inside the Bush Administration written by Jack Goldsmith and published by W. W. Norton & Company. This book was released on 2009-03-24 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: A key advisor to President Bush recounts his political clashes with powerful administration figures when he questioned the choices of his predecessors about the way the war on terror was being conducted, in an account in which he cites historical parallels.

Download or read book When Governments Break the Law written by Austin Sarat and published by NYU Press. This book was released on 2010-10-20 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: CONSTITUTIONAL & ADMINISTRATIVE LAW. While President Obama has repeatedly emphasized his Administration's commitment to transparency and the rule of law, nowhere has this resolve been so quickly and severely tested than with the issue of the possible prosecution of Bush Administration officials. Measured or partisan, scholarly or journalistic, clearly the debate about accountability for the alleged crimes of the Bush Administration will continue for some time.

Download or read book The Torture Debate in America written by Karen J. Greenberg and published by Cambridge University Press. This book was released on 2005-11-21 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Widely acclaimed as a publishing milestone, The Torture Papers (Cambridge, 2005) constitutes the definitive book of public record detailing the Bush Administration's policies on torture and political prisoners. In the process of assembling the documents, memoranda, and reports that comprise the material in The Torture Papers, a vital question arose: What was the rationale behind the Bush Administration's decision to condone the use of coercive techniques in the interrogation of detainees suspected of terrorist connections? The use of these techniques at Abu Ghraib and Guantanamo has sparked an intense debate in America. The Torture Debate in America captures the arguments on torture that have been put forth by legislators, human rights activists, and others. It raises the key moral, legal, and historical questions that have led to current considerations on the use of torture. Divided into three sections, the contributions cover all sides of the debate, from absolute prohibition of torture to its use as a viable option in the War on Terror.

Download or read book Getting Away with Torture written by Christopher H. Pyle and published by Potomac Books, Inc.. This book was released on 2011 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: Follows the paper trail of torture memos that led to abuses at Guantanámo, in Afghanistan, and in Iraq.

Download or read book American Torture written by Michael Otterman and published by Melbourne Univ. Publishing. This book was released on 2007-01-01 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contrary to US government assertions, the Abu Ghraib photos do not reflect the perverse handiwork of a 'few bad apples'. As American Torture reveals, tortures such as sensory deprivation, sexual humiliation and forced standing are core elements of the American detention regime, a product of more than sixty years of government research and development fully detailed in extensive CIA manuals. In the wake of the Abu Ghraib scandal, mainstream media and human rights organisations have exhaustively documented the American use of torture in detention centres around the world. Although expansive, these reports lack context. American Torture examines the origins of this detention regime and traces how it was refined, spread and kept legal. Along the way, American Torture uncovers the effects of state-sponsored torture and deconstructs the myths espoused by its proponents. What are the ramifications of such praxis for global security? The book will also feature an interview with Mamdouh Habib, and look at the plight of Guantanamo Bay detainee David Hicks.