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Full-Text Articles in Law
Detainment And Torture In Guantanamo Bay: Events, Legality And Effectiveness, Samuel Fein
Detainment And Torture In Guantanamo Bay: Events, Legality And Effectiveness, Samuel Fein
Honors Theses
The first chapter found that following September 11th, the Bush Administration implemented policies allowing the indefinite detainment and torture of suspected terrorists. Many detainees held in Guantanamo Bay, as well as other detention facilities, were tortured, both physically and psychologically. The second chapter concluded that the Bush Administration was incorrect in claiming that the detainees were not subject to any protections under international law. According to international law, detainees are protected by either IHL (international humanitarian law) or by international human rights law. It was found that whether or not the prisoners can be held indefinitely and tried by military …
The Torture Debate: What The Scholars And The Intellectuals Are Saying, Dieudonné Balla
The Torture Debate: What The Scholars And The Intellectuals Are Saying, Dieudonné Balla
Global Honors Theses
In the aftermath of the Abu Ghraib investigation and the 2009 CASUSS report on post-9/11 interrogation practices, the question of state-sanctioned torture has become the subject of much public and scholarly debate. In this thesis, the author examines three arguments in support of lawful torture: Alan Dershowitz’s Law of Necessity and the concept of “torture warrants,” Michael Walzer’s “problem of dirty hands,” and Richard Posner’s notion of Constitutional interpretation in times of emergency.