Do States Have Universal Prediction To Prosecute Offenders?

Torture is something that is known as wrong internationally. Torture is “deliberate, systematic or wanton infliction of physical or mental suffering by one or more persons acting on the orders of authority, to force a person to yield information, to confess, or any other reason” (World Medical Association, 1975, pg.1). There is a general consensus that there is a right to be free from any kind of torture as it can be found in many different human rights treaties around the world. The treaties show that all of the thoughts about torture are pointing away from the right to torture someone no matter what the case

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.

Have we forgotten about the International Covenant of Civil Rights and Political rights (ICCPR), the Convention under Torture and other

Implementation of international human rights law can happen on either a local, a territorial or a global level. States that endorse human rights arrangements confer themselves to regarding those rights and guaranteeing

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 contrast, some individuals may debate that torture and even some more minuscule forms of torture can be beneficial to obtaining the information needed. It is debated that torture has been used in a large portion of political systems in history, and that the “degree” of torture is a significant component when deciphering right vs. wrong. Moher argues that in a political system where torture is justifiable and legal, the torture used would be less extreme than what it is today (Moher, 2013). It is reasoned that different degrees of torture are more acceptable than others, in that some are less psychologically and physically harming. A

There are different laws over all countries that control by every government in the world. For those who is a criminal or a prisoner, their country’s government has different laws of punishment to punish them. Torture is one of them. The function of torture is to force someone to say something and as a punishment. Torture is unacceptable which I disagree on which it is an action of inhumanly.

The War on Terror has produced several different viewpoints on the utilization of torture and its effectiveness as a means to elicit information. A main argument has been supplied that torture is ineffective in its purpose to gather information from the victim. The usefulness of torture has been questioned because prisoners might use false information to elude their torturers, which has occurred in previous cases of torture. It has also been supposed that torture is necessary in order to use the information to save many lives. Torture has been compared to civil disobedience. In addition, the argument has been raised that torture is immoral and inhumane. Lastly, Some say that the acts are not even regarded as torture.

Every single person in America today grew up with the belief that torture is morally wrong. Popular culture, religious point of views, and every other form of culture for many decades has taught that it is a wrongdoing. But is torture really a wrong act to do? To examine the act of torture as either a means or an end we must inquire about whether torture is a means towards justice and therefore morally permissible to practice torture on certain occasions. “Three issues dominate the debates over the morality of torture: (1) Does torture work? (2) Is torture ever morally acceptable? And (3) What should be the state’s policy regarding the use of torture?” (Vaughn, 605). Torture “is the intentional inflicting of severe pain or suffering on people to punish or intimidate them or to extract information from them” (Vaughn, 604). The thought of torture can be a means of promoting justice by using both the Utilitarian view and the Aristotelian view. Using John Stuart Mills concept of utilitarianism, he focuses on the greatest happiness principle which helps us understand his perspective on torture and whether he believes it is acceptable to do so, and Aristotle uses the method of virtue of ethics to helps us better understand if he is for torture. The term torture shall be determined by exploring both philosophers’ definition of justice, what comprises a “just” act, what is considered “unjust”, and then determined if it would be accepted by, or condemned by either of these two

Let us begin with Michael Levin, whose thesis states, “There are situations in which torture is not merely permissible but not morally mandatory,” in the second

Torture has long been a controversial issue in the battle against terrorism. Especially, the catastrophic incident of September 11, 2001 has once again brought the issue into debate, and this time with more rage than ever before. Even until today, the debate over should we or should we not use torture interrogation to obtain information from terrorists has never died down. Many questions were brought up: Does the method go against the law of human rights? Does it help prevent more terrorist attacks? Should it be made visible by law? It is undeniable that the use of torture interrogation surely brings up a lot of problems as well as criticism. One of the biggest problems is that if torture is effective at all. There are

One of the points Levin tries to prove is that there are certain situations in which torture is “morally mandatory” (689). He attempts to convey to the reader that there are certain situations where the application of torture would be the most just punishment. Furthermore, Levin says that the attitude against torture in the United States is “unwise” (689), implying that the laws and moral obligations forbidding torture are detrimental to the safety of The United States. He uses an example of a terrorist who hid an

Torture, being defined by the 1984 Convention Against Torture is the “cruel, inhumane, or degrading infliction of severe pain or suffering, physical or mental, on a prisoner to obtain information or a confession, or to mete out a punishment for a suspected crime” (Beehner), is condemned and considered illegal by the United States of America and carries severe punishment for those that carry out the act. Yet the numerous amounts of maltreatment of the detainees held by the US during the War on Terror has led to humanitarian interference and, more notably, concern from the United Nations assembly. The most prominent facility in which these detainees are being held is the Guantanamo Bay Detention Camp, a site used for indefinite detention (mostly without trial), yet other secret prisons (operated by the CIA) are scattered about the world, which are also used for “enhanced” interrogation purposes.

this essay I will attempt to examine and analyse the effectiveness of international courts and

There is a close relationship between human rights and criminal law. The scope of my paper will surround human rights and the International Criminal Court (ICC) in addition to human rights and international crimes. International criminal justice in this context speaks to those interested in prosecuting against the background of international human rights and humanitarian norms. The use of criminal law has many positive effects and pursues many goals that are worth considering. For example, deterrence, accountability and punishment are important principles that will be discussed in the context of human rights. Is the International Criminal Court an effective method to promote and protect human rights internationally? If so, why and how?