两种酷刑叙事

J. Ip
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引用次数: 10

摘要

这篇文章是关于酷刑的两种不同的叙述。每一种叙述都表明了对在审讯中使用酷刑和胁迫的合法性和智慧的某种看法。自2001年9月11日恐怖袭击以来,使用酷刑和胁迫已成为一个真正的辩论话题,尽管大量的国内法和国际法律禁止这些做法。关于酷刑的第一种叙述是围绕定时炸弹的情节展开的,这种假设经常被用于学术领域,以克服法律禁止酷刑的绝对主义性质。自9/11以来,定时炸弹的情节也出现在各种官方政府文件和声明中,这些文件和声明主张酷刑和强制审讯技术的合法性。它也被复制到流行文化中,最著名的例子是福克斯的反恐剧《24小时》。关于酷刑的第二种叙述挑战了定时炸弹情节的有效性和实用性。各种学术评论人士对这种情况背后的假设进行了分析。某些政府行为者,尤其是联邦调查局(fbi)和军方律师,一直拒绝接受定时炸弹情节的逻辑,并反对在审讯中使用酷刑和胁迫。这第二种叙事也有一个流行文化的代表,那就是科幻频道的《太空堡垒卡拉狄加》。因此,自9/11以来,现实世界的行动者在法律和政治领域为“反恐战争”中被拘留者的待遇而进行的同样的战斗,也在流行文化的话语层面上进行着。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Two Narratives of Torture
This article is about two different narratives or accounts of torture. Each narrative signifies a certain view about the legality and wisdom of employing torture and coercion in interrogation. Since the terrorist attacks of September 11, 2001, the use of torture and coercion has become a topic of genuine debate, despite a sizable corpus of domestic and international law prohibiting those very practices. The first narrative of torture is centered on the ticking bomb scenario, the hypothetical that has frequently been deployed in the academic arena to overcome the absolutist nature of the legal prohibition on torture. Since 9/11, the ticking bomb scenario has also appeared in various official government documents and statements that assert the legality of torture and coercive interrogation techniques. It has also been replicated in popular culture, the most notable example being Fox's counterterrorism drama, 24. A second narrative of torture challenges the validity and usefulness of the ticking bomb scenario. Various academic commentators have unpacked the assumptions underlying the scenario. Certain government actors, most notably the Federal Bureau of Investigation and military lawyers, have consistently rejected the logic of the ticking bomb scenario, and opposed the use of torture and coercion in interrogation. This second narrative also has a popular culture representative in the form of Sci-Fi Channel's Battlestar Galactica. Thus, the same battles that have been fought over the treatment of detainees in the "war on terror" in the legal and political arenas by real world actors since 9/11 are also being fought at a discursive level in popular culture.
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