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Articles 1 - 30 of 115
Full-Text Articles in Law
The Unintended Consequences Of Torture's Ineffectiveness, Russell Christopher
The Unintended Consequences Of Torture's Ineffectiveness, Russell Christopher
Articles, Chapters in Books and Other Contributions to Scholarly Works
Whether torture to extract true information—for example, military secrets or the location of a terrorist-planted bomb—is morally permissible and empirically effective is widely disputed. But many agree that such torture’s effectiveness is a necessary condition for its permissibility; if ineffective, then it is impermissible. Thus, the empirical issue has become crucial in deciding the moral issue. This Article addresses the empirical issue with a novel, non-empirical argument. Torture’s ineffectiveness not only ensures torture’s impermissibility but also exposes torture victims to criminal liability for any offenses they are tortured into committing. With torture as the most extreme and horrific form of …
The Death Of The Evolving Standards Of Decency, Meghan J. Ryan
The Death Of The Evolving Standards Of Decency, Meghan J. Ryan
Faculty Journal Articles and Book Chapters
The Eighth Amendment Punishments Clause is in jeopardy. The constitutionality of punishments is usually judged according to the “evolving standards of decency that mark the progress of a maturing society.” And in evaluating these standards, the Court has traditionally looked to changing societal views on punishment. This is a living constitution approach to interpretation, and the Eighth Amendment is the only area of law in which the Court has consistently and explicitly ap-plied such an approach. But a living constitution approach is diametrically opposed to the current Court’s focus on originalism. This is the first originalist Court in history, and …
Law School News: Should Prison Be Abolished? 10-6-2022, Michael M. Bowden
Law School News: Should Prison Be Abolished? 10-6-2022, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Torturous Journeys: Cruelty, International Law, And Pushbacks And Pullbacks Over The Mediterranean Sea, Jamal Barnes
Torturous Journeys: Cruelty, International Law, And Pushbacks And Pullbacks Over The Mediterranean Sea, Jamal Barnes
Research outputs 2022 to 2026
Boat pushbacks and pullbacks by Italy and the European Union (EU) have returned migrants and refugees to Libya where they have been subjected to brutal human rights violations, such as torture and ill-treatment. This article argues that these pushbacks and pullbacks not only undermine key human rights principles, but they are also an act of cruelty. As Italy and the EU have used the law to evade their international human rights and refugee obligations, the law has had distributive effects that have shaped migration pathways and exacerbated the vulnerability of migrants and refugees to torture. Not only have legal manoeuvres …
Non-State Actors "Under Color Of Law": Closing A Gap In Protection Under The Convention Against Torture, Anna R. Welch, Sangyeob Kim
Non-State Actors "Under Color Of Law": Closing A Gap In Protection Under The Convention Against Torture, Anna R. Welch, Sangyeob Kim
Faculty Publications
The world is experiencing a global restructuring that poses a serious threat to international efforts to prevent and protect against torture. The rise of powerful transnational non-state actors such as gangs, drug cartels, militias, and terrorist organizations is challenging states’ authority to control and govern torture committed within their territory.
In the United States, those seeking protection against deportation under the Convention Against Torture (“CAT”) must establish a likelihood of torture at the instigation of or by consent or acquiescence of a public official acting in an official capacity or other person acting in an official capacity. However, what is …
The Long Shadow Of United States V. Rosenberg: A Biographical Perspective On The Hon. Irving Robert Kaufman, Rodger D. Citron
The Long Shadow Of United States V. Rosenberg: A Biographical Perspective On The Hon. Irving Robert Kaufman, Rodger D. Citron
Scholarly Works
No abstract provided.
Torture In Our Schools?, Leila Nadya Sadat
Torture In Our Schools?, Leila Nadya Sadat
Scholarship@WashULaw
America’s kids are not okay. As gun violence surges and politicians dither, school shootings are traumatizing a generation of youth. While only one manifestation of America’s gun violence crisis, school shootings are shocking in their ferocity, the senseless and random nature of the violence, and their impact upon millions of young, captive, and vulnerable individuals. This Essay makes the claim that the suffering of America’s school children from uncontrolled gun violence may be significant enough in scale and kind to rise to the level of ill-treatment under international law, violating U.S. treaty obligations and customary international law. If so, their …
Impact Of Forensic Medical Evaluations On Immigration Relief Grant Rates And Correlates Of Outcomes In The United States., Holly G. Atkinson, Katarzyna Wyka, Kathryn Hampton, Christian Seno, Elizabeth Yim, Deborah Ottenheimer, Nermeen Arastu
Impact Of Forensic Medical Evaluations On Immigration Relief Grant Rates And Correlates Of Outcomes In The United States., Holly G. Atkinson, Katarzyna Wyka, Kathryn Hampton, Christian Seno, Elizabeth Yim, Deborah Ottenheimer, Nermeen Arastu
Publications and Research
The purpose of this study was to investigate the impact of forensic medical evaluations on grant rates for applicants seeking immigration relief in the United States (U.S.) and to identify significant correlates of grant success. We conducted a retrospective analysis of 2584 cases initiated by Physicians for Human Rights between 2008-2018 that included forensic medical evaluations, and found that 81.6% of applicants for various forms of immigration relief were granted relief, as compared to the national asylum grant rate of 42.4%. Among the study’s cohort, the majority (73.7%) of positive outcomes were grants of asylum. A multivariable regression analysis revealed …
Amicus Curiae Observations By Public International Law & Policy Group, Situation In The Democratic Republic Of The Congo, Milena Sterio, Michael P. Scharf, Paul R. Williams
Amicus Curiae Observations By Public International Law & Policy Group, Situation In The Democratic Republic Of The Congo, Milena Sterio, Michael P. Scharf, Paul R. Williams
Law Faculty Briefs and Court Documents
The Public International Law & Policy Group (“PILPG”) offers the following amicus curiae observations pursuant to the Decision No. ICC-01/04-02/06-2569. PILPG is willing to appear before the Court if it would assist. Prof. Paul R. Williams, Dean Michael P. Scharf, Prof. Milena Sterio, Dr. Brianne McGonigle Leyh, Dr. Julie Fraser, Jonathan Worboys, Eian Katz, Raghavi Viswanath, Nicole Carle, Alexandra Koch, Isabela Karibjanian, and Olivia Wang contributed to these observations.
Is Solitary Confinement A Punishment?, John F. Stinneford
Is Solitary Confinement A Punishment?, John F. Stinneford
UF Law Faculty Publications
The United States Constitution imposes a variety of constraints on the imposition of punishment, including the requirements that the punishment be authorized by a preexisting penal statute and ordered by a lawful judicial sentence. Today, prison administrators impose solitary confinement on thousands of prisoners despite the fact that neither of these requirements has been met. Is this imposition a “punishment without law,” or is it a mere exercise of administrative discretion? In an 1890 case called In re Medley, the Supreme Court held that solitary confinement is a separate punishment subject to constitutional restraints, but it has ignored this holding …
Personality Disruption As Mental Torture: The Cia, Interrogational Abuse, And The U.S. Torture Act, David Luban, Katherine S. Newell
Personality Disruption As Mental Torture: The Cia, Interrogational Abuse, And The U.S. Torture Act, David Luban, Katherine S. Newell
Georgetown Law Faculty Publications and Other Works
This Article is a contribution to the torture debate. It argues that the abusive interrogation tactics used by the United States in what was then called the “global war on terrorism” are, unequivocally, torture under U.S. law. To some readers, this might sound like déjà vu all over again. Hasn’t this issue been picked over for nearly fifteen years? It has, but we think the legal analysis we offer has been mostly overlooked. We argue that the basic character of the CIA’s interrogation of so-called “high-value detainees” has been misunderstood: both lawyers and commentators have placed far too much emphasis …
Removals To Somalia In Light Of The Convention Against Torture: Recent Evidence From Somali Bantu Deportees, Daniel J. Van Lehman, Estelle M. Mckee
Removals To Somalia In Light Of The Convention Against Torture: Recent Evidence From Somali Bantu Deportees, Daniel J. Van Lehman, Estelle M. Mckee
Cornell Law Faculty Publications
This paper presents the results of a survey of Somali Bantu deported from the United States from 2016 to 2018, to determine whether they were subjected to torture upon arrival in Somalia. Of the 20 deportees interviewed, 55 percent suffered torture at least once, with the highest percentage—66.7 percent—experienced by individuals deported in 2018. The abuse, which included kidnapping, stabbings, and beatings with truncheons and whips, meets the definition of torture under Article 3 of the Convention Against Torture. Individuals were intentionally subjected to severe pain and suffering for an unlawful purpose: ransom. Further, most of the abuse was inflicted …
Submission To The United Nations Universal Periodic Review Of Yemen, Mwatana Organization For Human Rights, Human Rights Clinic, Cairo Institute For Human Rights Studies, International Federation For Human Rights (Fidh), Gulf Centre For Human Rights (Gchr)
Submission To The United Nations Universal Periodic Review Of Yemen, Mwatana Organization For Human Rights, Human Rights Clinic, Cairo Institute For Human Rights Studies, International Federation For Human Rights (Fidh), Gulf Centre For Human Rights (Gchr)
Human Rights Institute
Mwatana for Human Rights (Mwatana), the Columbia Law School Human Rights Clinic (the clinic), Cairo Institute for Human Rights Studies (CIHRS), International Federation for Human Rights (FIDH), and the Gulf Centre for Human Rights (GCHR) submit this report to inform the examination of Yemen during its third Universal Periodic Review (UPR). This submission focuses on international human rights and humanitarian law violations by the Government of Yemen and by the armed group Ansar Allah (the Houthis).
Taking Psychological Torture Seriously: The Torturous Nature Of Credible Death Threats And The Collateral Consequences For Capital Punishment, John Bessler
All Faculty Scholarship
This article explores how the death penalty and the indefinite nature of death row in the United States creates a constant threat of death, which can violate the United Nations Convention Against Torture’s prohibitions on death threats.
Why A President Cannot Authorize The Military To Violate (Most Of) The Law Of War, John C. Dehn
Why A President Cannot Authorize The Military To Violate (Most Of) The Law Of War, John C. Dehn
Faculty Publications & Other Works
Waterboarding and “much worse,” torture, and “tak[ing] out” the family members of terrorists: President Trump endorsed these measures while campaigning for office. After his inauguration, Trump confirmed his view of the effectiveness of torture and has not clearly rejected other measures forbidden by international law. This Article therefore examines whether a President has the power to order or authorize the military to violate international humanitarian law, known as the “law of war.” Rather than assess whether the law of war generally constrains a President as Commander-in-Chief, however, its focus is the extent to which Congress requires the U.S. military to …
Sequencing Peace And Justice In Syria, Milena Sterio
Sequencing Peace And Justice In Syria, Milena Sterio
Law Faculty Articles and Essays
Since 2011, the conflict in Syria has caused the death of hundreds of thousands of individuals and the displacement of millions. Efforts to refer the Syrian situation to the International Criminal Court (ICC) have consistently failed despite well-documented reports about the commission of serious crimes in Syria, including the use of chemical weapons against civilians, torture, the use of child soldiers, and crimes of sexual violence.
This Article explores whether the dual goals of peace and justice can be reconciled in the Syrian context and how these goals may be properly sequenced in order to potentially achieve long-lasting peace in …
The Published Works Of Sir Nigel Rodley, James W. Hart
The Published Works Of Sir Nigel Rodley, James W. Hart
Law Librarian Articles and Other Publications
This work is a comprehensive bibliography of the writings of Sir Nigel Rodley that was compiled for the Urban Morgan Human Rights Conference Honoring Sir Nigel Rodley that was held at the University of Cincinnati College of Law on October 28 and 29, 2017. It lists the books that he was the sole author of, books that he edited either solely or with others, chapters in books edited by others, journal articles, conference papers, book reviews, reports issued as part of his UN work, two manuscripts, introductions, forwards, comments, tributes, and obituaries. It does not list decisions of the UN …
Toward A Science Of Torture?, Maxwell Gregg Bloche
Toward A Science Of Torture?, Maxwell Gregg Bloche
Georgetown Law Faculty Publications and Other Works
Does torture “work?” Proponents, including President Trump and the architects of CIA “Enhanced Interrogation” say it does, by breaking terrorists' resistance to revealing information that saves lives. Torture's foes typically dismiss this claim as false to the point of fraud--fortuitous coincidence with torture's unlawfulness. Neither view, I argue herein, rests firmly on evidence. Rival anecdotes, not data, have, so far, driven this debate. And a scientific answer is beyond our reach, since: (1) rigorous comparison between interrogation methods that do and don't involve torture isn't possible, and (2) studies of this sort would be transparently unethical. This hasn't stopped the …
Deterring Torture: The Preventive Power Of Criminal Law And Its Promise For Inhibiting State Abuses, Francesca Laguardia
Deterring Torture: The Preventive Power Of Criminal Law And Its Promise For Inhibiting State Abuses, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
The use of torture in the War on Terror reinvigorated a longstanding debate about how to prevent such human rights violations, and whether they should be criminalized. Using US history as a case study, this article argues that the criminal sanction is likely to be more successful in preventing such abuses than many other often suggested methods. Analyzing thousands of pages of released government documents as an archive leads to the counterintuitive finding that torturers were often deterred, at least momentarily, by fear of criminal liability, and would have been successfully deterred if not for the lack of prior prosecutions.
The Civil Redress And Historical Memory Acts Of 2029: A Legislative Proposal, William J. Aceves
The Civil Redress And Historical Memory Acts Of 2029: A Legislative Proposal, William J. Aceves
Faculty Scholarship
During the extant “War on Terror,” U.S. and foreign nationals who did not engage in hostilities were detained and mistreated abroad by the United States or by other countries with the acquiescence of the United States. These individuals were accused of being terrorists or were suspected of associating with terror groups, but they were, in fact, innocent. They were eventually released and were never charged by the United States with any crime. Despite their innocence, the United States has failed to provide them with any form of redress for their mistreatment. The Bush, Obama, and Trump administrations refused to apologize …
We Have Lost A Sense Of Purpose About Eliminating Torture, Juan E. Mendez
We Have Lost A Sense Of Purpose About Eliminating Torture, Juan E. Mendez
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Cruel Techniques, Unusual Secrets, William W. Berry, Meghan J. Ryan
Cruel Techniques, Unusual Secrets, William W. Berry, Meghan J. Ryan
Faculty Journal Articles and Book Chapters
In the recent case of Glossip v. Gross, the Supreme Court denied a death row petitioner’s challenge to Oklahoma’s lethal injection protocol. An important part of Justice Alito’s majority opinion highlighted the existence of a relationship between the constitutionality of a punishment and the requirement of a constitutional technique available to administer the punishment.
Far from foreclosing future challenges, this principle ironically highlights the failure of the Court to describe the relationship under the Eighth Amendment between three distinct categories of punishment: (1) the type of punishment imposed by the court — i.e., death penalty, life without parole, life with …
Newsroom: Closing Guantanamo Isn't Enough 03-14-2016, Jared Goldstein
Newsroom: Closing Guantanamo Isn't Enough 03-14-2016, Jared Goldstein
Life of the Law School (1993- )
No abstract provided.
How International Law Can Eradicate Torture: A Response To Cynics, Juan E. Mendez
How International Law Can Eradicate Torture: A Response To Cynics, Juan E. Mendez
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Imagining The Unimaginable: Torture And The Criminal Law, Francesca Laguardia
Imagining The Unimaginable: Torture And The Criminal Law, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
This article examines the use of torture by the U.S. government in the context of the late 20th-century preventive turn in criminal justice. Challenging the assumption that the use of “enhanced interrogation tactics” in the war on terror was an exceptional deviation from accepted norms, this article suggests that this deviation began decades before the terror attacks, in the context of conventional criminal procedure. I point to the use of the “ticking time bomb hypothetical,” and its connection to criminal procedure’s “kidnapping hypothetical.” Using case law and criminal procedure textbooks I trace the employment of that narrative over several decades, …
France Should Fully Investigate Guantánamo Torture Claims, Lauren Carasik
France Should Fully Investigate Guantánamo Torture Claims, Lauren Carasik
Media Presence
No abstract provided.
Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson
Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson
Articles
In this section: United States Objects to Russia’s Continued Violations of Ukraine’s Territorial Sovereignty, Including by Convoys Purporting to Provide Humanitarian Aid • United States and Afghanistan Sign Bilateral Security Agreement • United States Announces “Changes and Confirmations” in Its Interpretation of the UNConvention Against Torture • United States and China Make Joint Announcement to Reduce Greenhouse Gas Emissions, Bolstering Multilateral Climate Change Negotiations • United States Deepens Its Engagement with ISIL Conflict • NATO Affirms that Cyber Attacks May Trigger Collective Defense Obligations
Contemporary Practice Of The Untied States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson
Contemporary Practice Of The Untied States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson
Articles
In this section: • Iran Nuclear Framework Agreement Reached; Congress Seeks to Influence Negotiation • United States Lifts Some Cuba Restrictions and Explores the Possibility of Normalizing Relations • United States Responds to Alleged North Korean Cyber Attack on Sony Pictures Entertainment • Senate Select Committee on Intelligence Releases Executive Summary of Its Study of CIA’s Detention and Interrogation Program • President Obama Seeks Statutory Authorization for the Use of Military Force Against ISIL
Closing Plenary: Preventing Torture In The Fight Against Terrorism, Claudio Grossman
Closing Plenary: Preventing Torture In The Fight Against Terrorism, Claudio Grossman
Articles in Law Reviews & Other Academic Journals
No abstract provided.
No Guarantee The Us Won’T Torture Again, Lauren Carasik
No Guarantee The Us Won’T Torture Again, Lauren Carasik
Media Presence
No abstract provided.