justine hinwood and spencer reynolds project report, including slide show (here), dossier and...
TRANSCRIPT
Justine Hinwood and Spencer Reynolds
Project report, including slide show (here), dossier and dialogue (separate download)
STS390, “Media, war and peace”Spring session, 2007
Science, Technology & SocietyUniversity of Wollongong
Outline Introduction and why we’re here Outline of concept of torture/ interrogation Background on current situation Legislation and US Stance What this has led theorists to say Suggestions from us
Torture- Definition
“Any act by which severe pain or suffering (physical and mental) is intentionally inflicted upon a person.”
Abu Ghraib Prison Started as a prison for Sadaam Taken over by Americans in 2003 Housed inmates that were problematic or
security risks
Abu Ghraib Photo Scandal November 2003
Darby Given a CD containing photos January 2004
CD given to CID April 2004
Photos aired on 60 Minutes
Major investigation ensued
Why did this happen?The main reason seems to be
inexperienced soldiers “A general lack of knowledge, implementation,
and emphasis of basic legal, regulatory, doctrinal and command requirements”
The main reason the world knows about it is Darby Concerned soldiers
What was the result? Court case
Exceptionally bad publicity
Support withdrawn in many detention facilities by groups
Geneva Convention Started in 1864 1949
Provided basic minimal protection - should not be subject to physical or mental torture or cruel or degrading corporal punishment
Torture unjustifiable under any circumstance
US been a party to this since 1955
Violation of other international laws
Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment US a signatory The following can not be used to justify torture
Exceptional circumstances Order from a superior officer
No one can be expelled to another state to be tortured
International Covenant on Civil and Political Rights (ICCPR) US ratified it in 1992 Article 7 states ‘No one shall be subjected to
torture or to cruel, inhuman or degrading treatment or punishment’
Violation of other international laws
Current US stance Signatory to legislation
Does this cover terrorists?
Repudiation of interrogation techniques to elicit information
Adhering to international treatment standards
Military Commissions Act
Current theories in torture- against
Iacopino Suffer unspeakable pain and degradation Does not make individuals or societies safer Often false confessions, victimising the innocent “Torture will never serve the interests of justice
because it undermines our worth and humanity”
Roth International law- torture is never permissible
Current theories in torture- PRO
Dershowitz Torture is good if done by the right people in the
right situations Empower judges to issue ‘torture warrants’ Limit torture to non-lethal means
Yoo Constitution grants President unhindered
discretion in wartime
Our suggestions- broad As seen from Abu Ghraib, torture can be
VERY damaging to a country Torture is also damaging to individuals and
a violation of human rights As US is a signatory to international
conventions it should follow those or withdraw from the convention
Our Suggestions- OIA Avoid torture
Unconstructive Affects involved individuals markedly Is a violation of human rights Gives the US bad reputation
Avoid torture warrants Opens pathway for others to copy Where do they stop?