{"title":"The Unholy Trinity: Intelligence, Interrogation and Torture","authors":"E. Page, A. Guiora","doi":"10.2139/SSRN.758444","DOIUrl":null,"url":null,"abstract":"The paper argues that torture is legally and morally wrong and operationally not effective. In analyzing the Bybee memo, the paper argues that the atmosphere created by the Bush Administration contributed to the violations of human rights in Guantanamo Bay, Abu Ghraib, Bagram and other detention centers. Furthermore the article identifies three different forms of torture: 1) interrogation based (what some refer to as the ticking bomb); 2) sadistic or evil (the events in Abu Ghraib, as an example); 3) functional (a new leader demonstrating that there is a new sheriff in town). The paper argues that while harsh interrogation are legal and may be used, torture is both illegal and immoral.","PeriodicalId":80896,"journal":{"name":"Case Western Reserve journal of international law","volume":"37 1","pages":"427"},"PeriodicalIF":0.0000,"publicationDate":"2005-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"5","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Case Western Reserve journal of international law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2139/SSRN.758444","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 5
Abstract
The paper argues that torture is legally and morally wrong and operationally not effective. In analyzing the Bybee memo, the paper argues that the atmosphere created by the Bush Administration contributed to the violations of human rights in Guantanamo Bay, Abu Ghraib, Bagram and other detention centers. Furthermore the article identifies three different forms of torture: 1) interrogation based (what some refer to as the ticking bomb); 2) sadistic or evil (the events in Abu Ghraib, as an example); 3) functional (a new leader demonstrating that there is a new sheriff in town). The paper argues that while harsh interrogation are legal and may be used, torture is both illegal and immoral.