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Full-Text Articles in Law
Democracy And Torture, Patrick A. Maurer
Democracy And Torture, Patrick A. Maurer
Patrick A Maurer
September 11th spawned an era of political changes to fundamental rights. The focus of this discussion is to highlight Guantanamo Bay torture incidents. This analysis will explore the usages of torture from a legal standpoint in the United States.
The Tortureres: Evaluating The Senate Select Intelligence Committee’S Torture Report And Assessing The Legal Liability Of “Company Y” In The Cia’S Post 9-11 Interrogation And Detention Program Under The Alien Tort Statute, David Satnarine
David Satnarine
The U.S. national security apparatus after September 11, 2001 engendered an emphasis of new forms of intelligence gathering. The U.S. Central Intelligence Agency, the United States and its agents sought to collect as much information as possible to prevent another attack on the homeland, and to bring to justice those responsible for the heinous acts of September 11, 2001. Through the use of private actors, corporate shells, and contractors, the United States employed a host of professional interrogators in its war on terror. Some of these private actors, through their corporate shells later become known as the architects of the …
Democracy And Torture, Patrick A. Maurer
Democracy And Torture, Patrick A. Maurer
Patrick A Maurer
September 11th spawned an era of political changes to fundamental rights. The focus of this discussion is to highlight Guantanamo Bay torture incidents. This analysis will explore the usages of torture from a legal standpoint in the United States.
The Case-Law Of The European Court Of Human Rights On The Immunity Of States, Theodor Jr Schilling
The Case-Law Of The European Court Of Human Rights On The Immunity Of States, Theodor Jr Schilling
Theodor JR Schilling
Invoking State immunity in court proceedings is a way for a State to prevent judicial scrutiny of its responsibility for its actions. Such scrutiny, however, is the main raison d'être at least of those human rights regimes that provide for a supervision of States' compliance with human rights. It would therefore come as no surprise if human rights jurisprudence, especially the jurisprudence of the European Court of Human Rights would prove to be a challenge to State immunity. However, it is not, or, at most, in a roundabout way.
U.S. Institutionalized Torture With Impunity: Examining Rape And Sexual Abuse In Custody Through The Icty Jurisprudence, Allison Rogne
U.S. Institutionalized Torture With Impunity: Examining Rape And Sexual Abuse In Custody Through The Icty Jurisprudence, Allison Rogne
Allison Rogne
It is a well-established principle, both domestically and internationally, that rape is torture when suffered as part of confinement. It is also well documented, both domestically and internationally, that rape is rampant in U.S. prisons. And it is well established, both domestically and internationally, that those who torture should not do so with impunity, that that impunity is an affront to civilization and the human rights principles to which we all strive. And yet, in U.S. prisons, shocking numbers of women are systematically raped and sexually abused by those that would rehabilitate them. Female prisoners are victims of vaginal and …
Kiobel, Extraterritoriality, And The "Global War On Terrorism", Craig Martin
Kiobel, Extraterritoriality, And The "Global War On Terrorism", Craig Martin
Craig Martin
For the purpose of exploring the issues of extraterritoriality raised in Kiobel v. Royal Dutch Petroleum Co., this project sought to examine how the federal courts have considered extraterritoriality in cases arising in the so-called “global war on terror” (GWOT). The inquiry leads to some new and arguably important observations about extraterritoriality in the GWOT policies and related jurisprudence. The plaintiffs in Kiobel claimed, under the Alien Tort Statute (ATS), that the defendant corporations were liable for complicity in Nigeria’s conduct of indefinite detention, torture, and extrajudicial killing. The U.S. Supreme Court departed from the issue of corporate liability under …
Abduction, Torture, Interrogation - Oh My! An Argument Against Extraordinary Rendition, Kaitlyn E. Tucker
Abduction, Torture, Interrogation - Oh My! An Argument Against Extraordinary Rendition, Kaitlyn E. Tucker
Kaitlyn E Tucker
An American citizen waits patiently in an airport terminal in Jordan for a flight back to the United States. Several men – Jordanian officials – are watching the American and waiting for the right moment to approach him. The American gets up and starts to walk away, perhaps to get a cup of coffee. The Jordanian officials stop the American quickly and take him to a secluded part of the airport. For the next several days, the Jordanians question the American relentlessly, trying to discover his connection to the torture of hundreds of Muslim and Middle Eastern individuals. They do …
Torture In Us Jails And Prisons: An Analysis Of Solitary Confinement Under International Law, Anna Conley
Torture In Us Jails And Prisons: An Analysis Of Solitary Confinement Under International Law, Anna Conley
Anna Conley
No abstract provided.
Is Torture Justified In Terrorism Cases?: Comparing U.S. And European Views, Stephen P. Hoffman
Is Torture Justified In Terrorism Cases?: Comparing U.S. And European Views, Stephen P. Hoffman
Stephen P. Hoffman
This essay discusses issues of torture and some of the philosophical underpinnings. First, I define torture as it is used in international and human rights law. Then, I discuss three primary theories of torture: deontology, consequentialism, and threshold deontology. After setting this groundwork, I introduce particular issues in terrorism cases such as the “ticking bomb” scenario, which is often used to argue that torture may be appropriate and possibly required when done to save many lives. This invariably must include a discussion of the necessity doctrine, the legal doctrine allowing an individual to take extraordinary — even illegal — measures …
A Dark Descent Into Reality: The Case For An Objective Definition Of Torture, Michael W. Lewis
A Dark Descent Into Reality: The Case For An Objective Definition Of Torture, Michael W. Lewis
Michael W. Lewis
Abstract The definition of torture is broken. The malleability of the term “severe pain or suffering” at the heart of the definition has created a situation in which the world agrees on the words but cannot agree on their meaning. The “I know it when I see it” nature of the discussion of torture makes it clear that the definition is largely left to the eye of the beholder. This is particularly problematic when international law’s reliance on self-enforcement is considered. After discussing current common misconceptions about intelligence gathering and coercion that are common to all sides of the torture …
A Hartman Hotz Symposium: Intelligence, Law, And Democracy, Steve Sheppard, Robin Butler, William Howard Taft Iv, Alberto Mora
A Hartman Hotz Symposium: Intelligence, Law, And Democracy, Steve Sheppard, Robin Butler, William Howard Taft Iv, Alberto Mora
Steve Sheppard
On April 25, 2007, the Hartman Hotz Trust of the University of Arkansas hosted a symposium to discuss the relationships between intelligence, law, and democracy. This article contains a transcript of the topics discussed at the symposium. Don Bobbit, Dean of the Fulbright College introduced the panel, and Steve Sheppard, Enfield Professor of Law, moderated the discussion. The panelists included three guests with experience in the intelligence field: Lord Robin Butler, former head of the British Civil Service; Alberto Mora, former General Counsel of the United States Navy; and William Howard Taft IV, former Acting Secretary of Defense and Legal …
Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Prof. Elizabeth Burleson
Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
European human rights law and multilateral conventions have raised United States death penalty policy to an international level. Treaties and international institutions have impacted the extradition of capital offenders and influenced the development of human rights law within the United States. Refusal to extradite without assurances that the death penalty will not be imposed has continuing ramifications for the implementation of transnational counter-terrorism measures. Determining a contemporary standard of decency regarding cruel and unusual punishment, what shocks the public conscious, or what constitutes torture depends upon what societal parameters one uses. The Supreme Court's readiness to examine international developments in …