While the law itself condemns use of torture for any purpose, torture becomes necessary to be used in particular critical instances. According to Miles, the United States senate allowed the use of enhanced interrogation techniques on a number of cases and detainees. The human rights should be considered first in any event whether in interrogation or any other course of action1. The policy makers have found themselves between hard and difficult decisions to make on the techniques for obtaining vital information from terrorists who are trained heavily on resisting from giving information when caught in the wrong side of the law.
Enhanced torture techniques such as waterboarding, have been brought up in several debates. Clinton’s views on whether enhanced interrogations for terrorists is that she feels it’s wrong and that our values shouldn’t be anymore or any less on religious issues:
“The one lesson we 've learned from history is that we have not learned any of history 's lessons” (Unknown Author, n.d.). The purpose of this paper is to evaluate the use of Enhanced Interrogation Techniques (EITs) such as “waterboarding” and extraordinary rendition (aka “black sites”) by CIA agents for American intelligence interests and to analyze the drastically apposing views of the legalities, morality, and effectiveness of these methods. Is the CIA’s use of EITs and extraordinary rendition equivalent to torture, and therefore, acts in violation of international law? The definition of “torture” under statute 18 U.S.C. 2340 states, “torture” means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control” (United States Code, 2011). This definition expands with specific identifying characteristics of an act and varies to include humiliation of an individual. Of course, pain and suffering is a subjective experience. The worlds historical practice of “torture” reinforces lessons that human’s imaginative capacity for inflicting pain and terror on our fellow human is disgracefully boundless; yet, parallel behaviors of violence and humiliation reemerge with disturbing regularity (Smith, 2013).
Torture is known as the intentional infliction of either physical or psychological harm for the purpose of gaining something – typically information – from the subject for the benefit of the inflictor. Normal human morality would typically argue that this is a wrongful and horrendous act. On the contrary, to deal with the “war on terrorism” torture has begun to work its way towards being an accepted plan of action against terrorism targeting the United States. Terroristic acts perpetrate anger in individuals throughout the United States, so torture has migrated to being considered as a viable form of action through a blind eye. Suspect terrorists arguably have basic human rights and should not be put through such psychologically and physically damaging circumstances.
David Figueroa Eng. 101A Professor Stern 4/20/15 Final draft In conclusion, in discussions of torture, one controversial issue has been on the use of it. On one hand, the people against torture argue that it is cruel and unusual punishment. On the other hand, those for torture argue that it should be used for the greater good. Others even maintain that under extreme circumstances, it may be admissible if it can save American lives. My own view is that no one should be subjected to cruel punishment because it is not only illegal, unreliable, ineffective, time consuming, it also has too many flaws that could potentially ruin innocent lives. The definition of torture is any act, whether physical or emotional, or maybe both, is intentionally subjected to a specific individual or a group for many reasons. Most of these reasons that torture is administered is for extracting information from an individual or just for punishing him/her for a crime that he/she has committed or is suspected of committing. The use of torture can be used to intimidate a person to give information that may be beneficial for a nation. The use of torture has been used for many centuries. The purposes of using torture have changed over the years as well as the methods in which a person is tortured. One crucial piece that has been established that separates us human beings from barbarians is the prohibition of using torture. There are many reasons why torture has been deemed a crime now in society. There are
In the article, “Laying Claim to a Higher Morality,” Melissa Mae discusses the controversial topic of using torture as a part of interrogating detainees. She finds the common ground between the supporting and opposing sides of the argument by comparing two different sources, “Inhuman Behavior” and “A Case for Torture.” Mae includes clear transitions from each side of the argument and concise details to ensure that the essay was well constructed. The purpose of the essay is clear, and it is interesting, insightful, and unbiased.
The most valued documents in modern American society tend also to be the most heavily debated. For instance, interpretations of the United States Constitution tend to be rooted in one of two firmly entrenched beliefs;while the first camp believes it to be set in stone, the second his convinced that the United States Constitution is by nature a perpetually evolving document, meant to reflect the desires and needs of the people. Even amongst those in the same camp, disagreements abound; those believing that the Constitution is set in stone are divided on issues such as the eighth amendment’s prohibition of ‘cruel and unusual punishment’. It is difficult to reach a consensus on what, constitutes cruel and unusual punishment. For example, the concept of waterboarding is championed by many as a ‘humane’ form of torture which causes no physical harm. However, it was deemed a cruel and unusual punishment due to the sensations of drowning and symptoms of mental illness which it produced in its victims. It can therefore be inferred that physical injury is not the only factor to be considered in whether or not a practice is to be deemed inhumane; factors such as mental wellbeing and fitness of punishment must also be considered. This leads one to ponder how the concept of solitary confinement could possibly even be considered when it so clearly violates the protections which the eighth amendment provides.
The United States citizens have been wrestling with the question of, whether their government intelligence agencies should be prohibited from using torture to gather information. According to Michael Ignatieff, this is the hardest case of what he describes as ‘lesser evil ethics’—a political ethics predicated on the idea that in emergencies leaders must choose between different evils Before the terrorist attacks of September 11, 2001, torture was viewed by most American’s as only actions that brutal dictators would employ on their citizens, to keep order within their country. However, this all changed when in May 2004, The New Yorker released photographs from the Abu Ghraib prison in Iraq. The disturbing pictures were released on the internet showing bodies of naked Iraqis piled onto each other, others showed Iraqis being tortured and humiliated. There was a huge up roar, which caused the President at the time George W. Bush to publicly apologize, and threaten the job of Defense Secretary Donald Rumsfeld. Soon after, the CIA Conformed the use of waterboarding on three Al-Qaida suspects in 2002 and 2003, which further annihilated the topic. Since these reports, torture has been in the forefront of national politics, and the public opinion has been struggling to commit on whether torture is right or wrong.
Historically waterboarding became a popular technique because “It causes great physical and mental suffering, yet leaves no marks on the body” (Weiner, 2007). Leaving no marks is a very big perk for someone committing a crime against humanity. With no physical evidence, there is little evidence that the victim was really subjected to the treatment. The CIA, no doubt, kept this in mind before authorizing the treatment of prisoners.
There are many forms of torture that have cycled through the ages and cultures. This common water based interrogation practice dates back to the 14th century. Water boarding has been referred to as “water torture”, “water cure” and “tormenta de toca” a phrase that denotes to a thin piece of fabric positioned over victim’s mouth. Water is then slowly poured over the fabric giving the victim a sensation of drowning. It can be very physically painful and psychologically difficult as well for the victim feels like he is dying, yet he is very much alive. It has been used by our country to apprehend extremely dangerous people and stop their planned attacks. The Human Events newspaper published an article quoting “Assistant Attorney General Jay Bybee described waterboarding as one of the 10 “techniques” used to retrieve information from Abu Zubaydah, one of Osama bin Laden’s confidants”. Osama bin Laden is the man believed to being responsible for the attacks during 9/11. The interrogation of Abu Zubaydah with water boarding was a key approach to preventing future attempts of terrorism on our soil even though there were some that believed it was inhumane.
You wake up in a dimly-lit room laying down, your back flat on a cold table, facing unfamiliar men standing over you. You attempt to move, but your arms and legs are strapped down leaving you completely defenseless. Panicking, you begin to scream, but your screams are cut short as a wet cloth is laid over your face. You feel water being poured over the cloth and you begin choking; you can’t breathe; you are drowning. You are being waterboarded. What you just experienced was one of many common interrogation techniques used to pry information from suspected terrorists at Guantanamo Bay naval base. These techniques,
Today in the United States constitution we have the Eighth amendment which states that no person shall be subject to cruel and unusual punishment. Cruel and unusual punishment encompasses a wide range of things including any form of torture. Using the Merian-Webster definition, “torture is the act of causing severe physical pain as a form of punishment or as a way to force someone to do or say something.”(2013) Whether it is for the most evil and heinous crime or a minor infraction torture is not admissible in any way shape or form. In his article, “On Waterboarding: Legal Interpretation and the Continuing Struggle for Human Rights,” Daniel Kanstroom goes into depth about the question, “Should we balance heinousness and cruelty against
The definition of torture is perceived differently to every person. In this dispute, the two opposing sides are generally immovable. Many claim that it is not an effective tool, it is downright wrong, and it just does not work, while the other side claims the opposite. The argument “The Gray Zone: Defining Torture” by Barry Gewen examines the controversial issues that erupt from the touchy topic of torture. Gewen writes a successful and persuasive argument for his favorable position towards torture as an effective mean for gathering information and halting life-threatening situations which he does through his use of strong premises, logos, and ethos, building him a credible and structurally sound argument.
government sets to preserve safe, humane and ethical procedures on people.” (PRIYANKA BOGHANI) Furthermore, a Columbia University task force observed that Medical officials in the CIA “played a critical role in reviewing and approving forms of torture, including waterboarding, as well as in advising the Department of Justice that ‘enhanced interrogation’ methods, such as extended sleep deprivation and waterboarding that are recognized as forms of torture, were medically acceptable.” (PRIYANKA BOGHANI), therefore holding CIA responsible for inappropriate behaviour while intergoating with detainess like Mr. Mohamed Ahmed Ben Soud. The Case CIA v. Ben Soud conclude by proving that the CIA is and has been corrupt and will to to all extreemes to cover up the brutal treatment with detainess. An example if the process of filing this lawsuit since it had been refused due to past efforts to hold the CIA accountable, the U.S. government blocked cases from moving forward, arguing that lawsuits would risk exposing state secrets and other corrupting cases. But since the release of the Senate torture report, much of the relevant information for the case is now
In the United States, one of the major methods in obtaining crucial information has been through the use of Guantanamo Bay. While many have condemned of the torture that is believed to occur there, not only does Guantanamo Bay comply with national and international standards, but it also complies with Common Article 3 of the Geneva Conventions (Meese 1) which states