The Law of Armed Conflict International Humanitarian Law in War

Chapter 16 shows torture to be a lose-lose practice, its results virtually always unreliable. It is shown to be contrary to customary international law, the domestic and military laws of virtually every state, as well as the Geneva Conventions, the Rome Statute of the International Criminal Court and, of course, LOAC. Yet torture persists. After describing torture, international examples are detailed, including from CIA black sites. Excuses for torture are given and rebutted. Particular attention is given to US uses of torture after 9/11, none of which has been shown to have been useful, contrary to presidential assertions. Israel’s torture experience is covered, as is the French experience in Algeria. Waterboarding is clearly identified as torture, with several examples provided. The “ticking time bomb” scenario is argued to be an intellectual fraud, despite its being a frequent excuse for both liberals and conservatives to promote it. US military practice is also detailed. Cases and Materials include a real-world Sri Lankan ticking time bomb experience and a copy of a chilling US Department of Justice memorandum describing – and authorizing! – CIA black site methods of torture.