Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
In The Sweat Box: A Historical Perspective On The Detention Of Material Witnesses, Carolyn B. Ramsey
In The Sweat Box: A Historical Perspective On The Detention Of Material Witnesses, Carolyn B. Ramsey
Publications
After the September 11 terrorist attacks, the Justice Department detained scores of allegedly suspicious persons under a federal material witness statute--a tactic that provoked a great deal of controversy. Most critics assume that the abuse of material witness laws is a new development. Yet, rather than being transformed by the War on Terror, the detention of material witnesses is a coercive strategy that police officers across the nation have used since the nineteenth century to build cases against suspects. Fears of extraordinary violence or social breakdown played at most an indirect role in its advent and growth. Rather, it has …
Exceptional Engagement: Protocol I And A World United Against Terrorism, Michael A. Newton
Exceptional Engagement: Protocol I And A World United Against Terrorism, Michael A. Newton
Vanderbilt Law School Faculty Publications
This article challenges the prevailing view that U.S. "exceptionalism" provides the strongest narrative for the U.S. rejection of Additional Protocol I to the 1949 Geneva Conventions. The United States chose not to adopt the Protocol in the face of intensive international criticism because of its policy conclusions that the text contained overly expansive provisions resulting from politicized pressure to accord protection to terrorists who elected to conduct hostile military operations outside the established legal framework. The United States concluded that the commingling of the regime criminalizing terrorist acts with the jus in bello rules of humanitarian law would be untenable …
Human Dignity, Humiliation, And Torture, David Luban
Human Dignity, Humiliation, And Torture, David Luban
Georgetown Law Faculty Publications and Other Works
Modern human rights instruments ground human rights in the concept of human dignity, without providing an underlying theory of human dignity. This paper examines the central importance of human dignity, understood as not humiliating people, in traditional Jewish ethics. It employs this conception of human dignity to examine and criticize U.S. use of humiliation tactics and torture in the interrogation of terrorism suspects.