preview

Project

Decent Essays

Perspectives on Torture and the War on Terrorism An evaluation on Several Arguments Tonia Jenkins Critical Thinking and Problem Solving Snelgrove June 13, 2012 Michael Yoo used several definitions from several different places to define torture in his argument. The first definition is the one he used when he defined torture as the following: 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. The other definition he uses it used to show what the government defines torture as. This definition is as follows: The United States …show more content…

In so doing, this understanding ensured that mental torture would rise to a severity comparable to that required in the context of physical torture. The conclusion is covered in the following few sentences. Even if certain interrogation methods being contemplated amounted to torture (and we have no facts that indicate that they would), the Rome Statute makes torture a crime subject to the ICC’s jurisdiction in only two contexts. Under article 7 of the Rome Statute, torture may fall under the ICC’s jurisdiction as a crime against humanity if it is committed as “part of a widespread and systematic attack directed against any civilian population.” Here, however, the interrogation of al Qaeda operatives is not occurring as part of such an attack. The United States’ campaign against al Qaeda operatives is not occurring as part of such an attack. The United States campaign against al Qaeda is an attack on a non-state terrorist organization, not a civilian population. If anything, the interrogations are taking place to elicit information that could prevent attacks on civilian populations. With his conclusion Yoo is saying it is alright to perform this type of behavior because it is for a very good cause. In January 2009, President Obama issued an executive order closing Guantanamo Bay and suspending military trials of several of the inmates while the judicial process is under review.

Get Access