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1 - Torture and political morality in historical perspective

Published online by Cambridge University Press:  05 June 2012

David P. Forsythe
Affiliation:
University of Nebraska, Lincoln
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Summary

The interrogation of someone like a terrorist suspect can be a real ethical dilemma. The available options may all be bad in some way.

(David Perry, Professor of Ethics, US Army War College, quoted in the Christian Science Monitor, May 26, 2004)

September 11, 2001 confronted the George W. Bush Administration with tough choices – to put it mildly. Any democratic government would have faced tough choices responding to similar events, given the Al-Qaeda attacks on New York and Washington that killed just under 3,000 persons, mostly civilians. (The 1941 Japanese attack on Pearl Harbor, preventive self-defense in the Japanese view, their version of the Bush Doctrine, had killed a little more than half that number, mostly military personnel.) When it came to treatment of what were called terror suspects or more generally enemy or security prisoners, which is the focus of this study, many liberal democratic governments had faced tough choices in the past: the British in dealing with violence by the Provisional Irish Republican Army (IRA) concerning Northern Ireland, the West German government in dealing with attacks on civilians by the Red Army Faction and other violent groups, Italy confronting the Red Army Brigades, Spain wrestling with ETA (Euskadi Ta Askatasuna, the nationalist/separatist organization) about Basque issues, India in dealing with Islamic militants incensed over New Delhi's control over much of Kashmir from 1947, Israel in dealing with Palestinian and other attacks since 1948 and especially after 1967, etc.

Type
Chapter
Information
The Politics of Prisoner Abuse
The United States and Enemy Prisoners after 9/11
, pp. 1 - 27
Publisher: Cambridge University Press
Print publication year: 2011

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References

Brysk, Alison and Shafir, Gershon, eds., National Insecurity and Human Rights: Democracies Debate Counterterrorism (Berkeley: University of California Press, 2007)
Art, Robert and Richardson, Louise, Democratic Counter Terrorism: Lessons Learned (Washington, DC: United States Institute of Peace, 2007)Google Scholar
Rejali, Darius, Torture and Democracy (Princeton: Princeton University Press, 2006)Google Scholar
Roberts, Adam and Guelff, Richard, eds.,Documents on the Laws of War (Oxford and New York: Oxford University Press, 3rd edn., 2000)
Parry, John T. believes that CID is not absolutely prohibited. Understanding Torture: Law, Violence, and Political Identity (Ann Arbor: University of Michigan Press, 2010), p. 5CrossRefGoogle Scholar
Ginbar, Yuval, Why Not Torture Terrorists? Moral, Practical, and Legal Aspects of the “Ticking Bomb” Justification for Torture (Oxford and New York: Oxford University Press, 2008)CrossRefGoogle Scholar
Forsythe, David P., The Humanitarians: The International Committee of the Red Cross (Cambridge: Cambridge University Press, 2005)CrossRefGoogle Scholar
Ignatieff, Michael, The Lesser Evil: Political Ethics in an Age of Terror (Princeton: Princeton University Press, 2004)CrossRefGoogle Scholar
Posner, Richard A., Not a Suicide Pact: The Constitution in a Time of National Emergency (New York: Oxford University Press, 2006)Google Scholar
Yoo, John, War by Other Means: An Insider's Account of the War on Terrorism (New York: Grove/Atlantic, 2006)Google Scholar
Crisis and Command: A History of Executive Power from George Washington to George W. Bush (New York: Simon & Schuster, 2005)
Kahn, Paul, Sacred Violence: Torture, Terror, and Sovereignty (Ann Arbor: University of Michigan Press, 2008)CrossRefGoogle Scholar
Chayes, Abram, The Cuban Missile Crisis: International Crises and the Role of Law (New York and London: Oxford University Press, 1974), p. 1Google Scholar
Dershowitz, Alan, Why Terrorism Works: Understanding the Threat, Responding to the Challenge (New Haven: Yale University Press, 2003)Google Scholar
9/11 Commission Report (New York: Barnes & Noble, 2006), p. 395
Schmitt, Richard B., Los Angeles Times, “Civil Liberties Board Dormant, Despite Relevant Issues,” reprinted in Lincoln Journal Star, February 26, 2006, p. A–4Google Scholar
Pfiffner, James P., Torture as Public Policy: Restoring US Credibility on the World Stage (Boulder and London: Paradigm Publishers, 2010)Google Scholar
Ferguson, Niall, The War of the World: Twentieth-Century Conflict and the Descent of the West (London: Penguin, 2006)Google Scholar
Beaumont, Joan, “Protecting Prisoners of War, 1929–95,” in Moore, Bob and Fedorowich, Kent, eds., Prisoners of War and their Captors in World War II (Oxford and London: Berg, 1996), pp. 277–299Google Scholar
,ICRC, Report on Activities During the Second World War: Volume II, Central Agency for Prisoners of War (Geneva: ICRC, 1948)Google Scholar
Scotland, A. P., The London Cage (London: Evans, 1957)Google Scholar
Hoare, Oliver, Camp 020: M15 and the Nazi Spies (London: UK Public Records Office, 2001)Google Scholar
Maguire, Peter, Law and War: An American Story (New York: Columbia University Press, 2001)Google Scholar
McCoy, Alfred W., A Question of Torture: CIA Interrogation, from the Cold War to the War on Terror (New York: Owl Books, for Henry Holt, 2006)Google Scholar
Sikkink, Kathryn, Mixed Signals: US Human Rights Policy and Latin America (Ithaca and London: Cornell University Press, A Century Foundation Book, 2004), pp. 202–207Google Scholar
Grandin, Greg, Empire's Workshop: Latin America, The United States, and the Rise of the New Imperialism (New York: Owl Books, for Henry Holt, 2006, 2007), pp. 107Google Scholar
Mayer, Jane, The Dark Side: The Inside Story of How the War on Terror Turned Into a War on American Ideals (New York: Doubleday, 2008)Google Scholar
Harbury, Jennifer K., Truth, Torture, and the American Way: The History and Consequences of US Involvement in Torture (Boston: Beacon, 2005)Google Scholar
Wittes, Benjamin, Law and the Long War: The Future of Justice in the Age of Terror (New York: Penguin Press, 2008), p. 30Google Scholar
Robin, Marie-Monique, “Counterinsurgency and Torture,” in Roth, Kennethet al., eds., Torture: Does It Make Us Safer? Is It Ever OK? A Human Rights Perspective (New York: The New Press, for Human Rights Watch, 2005), pp. 44–54Google Scholar
Forsythe, David P., “The U.S., the U.N., and Human Rights,” in Karns, Margaret and Mingst, Karen, eds., The United States and Multilateral Institutions (New York: Unwin Hyman, 1990, 1992), pp. 261–288Google Scholar
American Journal of International Law, 62, 3 (July 1968), pp. 766–767
Gasser, Hans-Peter, “An Appeal for Ratification by the United States,” in “Agora: The US Decision Not to Ratify Protocol I to the Geneva Conventions on the Protection of War Victims,” American Journal of International Law, 81, 4 (October 1987), pp. 912–925CrossRefGoogle Scholar
Forsythe, David P., “Legal Management of Internal War: The 1977 Protocol on Non-International Armed Conflict,” American Journal of International Law 72, 2 (April 1977), pp. 272–295CrossRefGoogle Scholar
Valentine, Douglas, The Phoenix Program (New York: Morrow, 1990)Google Scholar
Colby, William E. and McCargar, James, Lost Victory: A First Hand Account of America's Sixteen-year Involvement in Vietnam (Chicago: Contemporary Books, 1989)Google Scholar
Moyar, M., Phoenix and the Birds of Prey: The CIA's Secret Campaign to Destroy the Viet Cong (Annapolis: Naval Institute Press, 1997)Google Scholar
Forsythe, David P., “United States Policy toward Enemy Detainees in the ‘War on Terrorism,’Human Rights Quarterly, 28, 2 (May 2006), pp. 465–491CrossRefGoogle Scholar
Branche, Raphaelle, “Torture of Terrorists? Use of Torture in a ‘War against Terrorism’: Justifications, Methods and Effects: The Case of France in Algeria, 1954–1962,” International Review of the Red Cross, no. 867 (September 2007), pp. 543–560Google Scholar
Kinzer, Stephen, Overthrow: The United States and Regime Change from Hawaii to Iraq (New York: Henry Holt, 2007)Google Scholar
Krasner, Stephen, Sovereignty: Organized Hypocrisy (Princeton: Princeton University Press, 1999)CrossRefGoogle Scholar
Ignatius, Michael, Warrior's Honor: Ethnic War and the Modern Conscience (New York: Holt, 1998)Google Scholar
Osiel, Mark, The End of Reciprocity: Terror, Torture, and the Law of War (Cambridge: Cambridge University Press, 2009)CrossRefGoogle Scholar
Carvin, Relatedly Stephanie, in The US and the Politics of the Laws of War (New York: Columbia University Press, 2010)Google Scholar
Hunt, Michael L., Ideology and US Foreign Policy (New Haven: Yale University Press, 1987)Google Scholar

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