Book contents
- Frontmatter
- Contents
- Acknowledgments
- War Crimes and Just War
- 1 Introduction: Justifying War but Restricting Tactics
- PART A A PHILOSOPHICAL GROUNDINGS
- PART B PROBLEMS IN IDENTIFYING WAR CRIMES
- 5 Killing Naked Soldiers: Combatants and Noncombatants
- 6 Shooting Poisoned Arrows: Banned and Accepted Weapons
- 7 Torturing Prisoners of War: Normal and Confined Soldiers
- PART C NORMATIVE PRINCIPLES
- PART D PROSECUTING WAR CRIMES
- Bibliography
- Index
7 - Torturing Prisoners of War: Normal and Confined Soldiers
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Acknowledgments
- War Crimes and Just War
- 1 Introduction: Justifying War but Restricting Tactics
- PART A A PHILOSOPHICAL GROUNDINGS
- PART B PROBLEMS IN IDENTIFYING WAR CRIMES
- 5 Killing Naked Soldiers: Combatants and Noncombatants
- 6 Shooting Poisoned Arrows: Banned and Accepted Weapons
- 7 Torturing Prisoners of War: Normal and Confined Soldiers
- PART C NORMATIVE PRINCIPLES
- PART D PROSECUTING WAR CRIMES
- Bibliography
- Index
Summary
Since the time of Hugo Grotius, torture and other forms of abuse of prisoners of war, even if done to extract important information, has been condemned. Despite the fact that torture of prisoners of war has been condemned by every major document in international law, it has seemed to some that terrorism creates a special exception to how prisoners of war are to be treated. The prisoner may belong to a “cell” of those who have committed themselves to the use of tactics that risk horrible consequences for many innocent people. The prisoner may have information about future attacks on civilian populations that could, if learned, be instrumental in the prevention of these attacks. In addition, in a “war” against terrorists, it seems clear that the terrorist side is not willing to play by the rules of war and thus that the terrorist prisoners should not be afforded the privilege of humane treatment that they deny to others. Nonetheless, in most cases even suspected international terrorists should be treated humanely so that they are not subject to torture when captured and imprisoned. Our humanity demands as much. In this chapter, I will examine the very idea of torturing those who have fought against us, but who are now confined under our care. In the end I argue that a properly focused principle of proportionality should rule out nearly all forms of abuse of prisoners of war.
- Type
- Chapter
- Information
- War Crimes and Just War , pp. 140 - 164Publisher: Cambridge University PressPrint publication year: 2007