Social and Behavioral Sciences Commons^™

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 …

Testimony, Violence, And Silence: An Examination Of Agamben And His Critics, Yagmur Uygarkizi

Dignity: A Journal of Analysis of Exploitation and Violence

This paper investigates the difficulties faced by survivors of atrocities in testifying. I work on the case of female victims of domestic torture as reported by Jeanne Sarson and Linda MacDonald. The starting point is Giorgio Agamben’s Remnants of Auschwitz with his discussion on Primo Levi’s paradox and the testis/superstes/auctor distinction. I build on his nuances while arguing that he has not looked enough into power dynamics that render one speechless. “Unspeakable violence” refers simultaneously to incapacity and not being allowed to speak. Pain renders the victim speechless; perpetrators distort language and speak over survivors. Victims are often not allowed …

Surviving Child Pornography: Fifty Years On, Jeanette M. Westbrook

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

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

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 …

Sovereign Authority And Rule Of Law: The Effect Of U.S. Use Of Torture On Political Legitimacy, Sydney Bradley

Undergraduate Honors Theses

Governmental sovereignty is created and maintained by mutual respect for the rule of law by the government and citizens. To maintain legitimacy, a government must act within the bounds of the contract that created it. Otherwise, the relationship founded by said contract would be nullified, as would the duties and obligations that flow from that relationship. Torture exemplifies an ultra vires act used by the United States to show the consequences of over-extended authority on political legitimacy and the rule of law. Founded on the philosophies of Hugo Grotius, Thomas Hobbes, and Christine Korsgaard, this research investigates the nature of …

“It Felt Like My Son Had Died”: Zero Tolerance And The Trauma Of Family Separation, Oscar F. Gil-Garcia, Francesca Bove, Luz Velazquez, Sarah Verner, Alexandra Miranda

Human Development Faculty Scholarship

Scholars have identified how immigration deterrence measures that authorize family separations impact minors who enter without authorization. Less attention, however, has been placed on how these measures impact mixed legal status families. Few explore the hurdles of deportees and U.S. citizens - especially those of indigenous descent - who join parents abroad and difficulties they face upon return. This article reveals this gap and provides findings from ethnographic research on the circumstances that led to the family separation and foster care placement of David, an indigenous Maya U.S. citizen minor. We utilize David’s story to illustrate the harm caused by …

North Korea: How Fear Is Used To Control A Nation, Ashley Clisby

Capstone Showcase

The Democratic People’s Republic of Korea, more commonly known as North Korea, is most commonly known for its possession and testing of nuclear weapons and threatening to use these weapons of mass destruction. Less commonly talked about are the human rights violations that are being experienced by the citizens of North Korea. Most, if not all, of the information regarding North Korean human rights that have been reported on comes from individuals who have escaped the Kim regime. There is very limited information traveling in and out of North Korea that is not heavily monitored by the government. These individuals …

Argumentative Synthesis Essay On Enhanced Interrogation Techniques, Gwendolyn D. Wheatley

The Downtown Review

This essay discusses enhanced interrogation techniques. For reference, enhanced interrogation techniques are interrogation techniques that involve “physically coercive interventions” (Duke & Puyvelde, 2017). The U.S. government supported these techniques after the attacks on September 11, 2001. This essay argues that enhanced interrogation techniques should not be used in interrogations because they are unethical, ineffective, and negatively impact the mental health of the interrogators using these techniques. Additionally, the essay references articles on the varied viewpoints as well as explains information on these interrogation techniques. Also, the essay argues that enhanced interrogation techniques encourage people to be cruel and inhumane. Moreover, …

The American Torture Problem, Chase Sievers

Compass: An Undergraduate Journal of American Political Ideas

This essay offers a brief account and (partial) critique of the Central Intelligence Agency’s enhanced interrogation program which was utilized during the wars in Iraq and Afghanistan.

Author information: Chase Sievers is an undergraduate student at Northern State University in Aberdeen, South Dakota. He enjoys writing about and studying politics and culture.

Parents As Pimps: Survivor Accounts Of Trafficking Of Children In The United States, Jody Raphael

Dignity: A Journal of Analysis of Exploitation and Violence

This article discusses four survivor accounts of survivors of being sold for sexual exploitation by their parents for monetary gain. These narratives, supplemented by other accounts from 100 newspaper stories between 2012 and 2018, reveal the fact that many survivors were sold as very young children, and the abuse continued through their teen years, blurring distinctions between pedophilia and the sex trade industry. In their accounts, survivors described the motivations of their parents as well as the buyers, who used excessive force and violence. Some researchers are beginning to document the existence of parental pimping and its prevalence, which ranges …

Torture Under The Regime Of Bashar Al-Assad: Two Decades Of Failed Human Rights Campaigns And Foreign Interference In Syria, Olivia Giles

Honors Projects

This honors thesis analyzes human rights campaigns to end the practice of state-sponsored torture in Syria during the presidency of Bashar al-Assad. It compares the 2000 Damascus Spring and the 2011 Arab Spring using the concept of the “contentious spiral model.” The model is based on the elements of the original “spiral model” introduced in The Power of Human Rights (1999) and the factors of contentious politics discussed in Dynamics of Contention (2001). It suggests that human rights movements that emerge from uprisings need effective mobilization by domestic and international actors. Sustained pressure from both sources should gradually force the …

Ferguson To Geneva: Bringing An American Movement For Racial Justice To The World, Joel Pruce

Biennial Conference: The Social Practice of Human Rights

In December 2014, nearly four months after the shooting of Michael Brown, a delegation that included Brown's parents testified in front of the Committee against Torture in Geneva, Switzerland. While protest continued on the ground in Ferguson, Missouri (USA), this team delivered a report to the Committee that articulated the human rights claims of protestors to the international community. But, why? What did the delegation hope to accomplish that could not be satisfied through domestic channels, especially in a liberal democracy? Drawing on interviews with delegates and primary source research, I will examine rationales that may explain the political strategy …

Bound By Silence: Psychological Effects Of The Traditional Oath Ceremony Used In The Sex Trafficking Of Nigerian Women And Girls, Jennifer Millett-Barrett

Dignity: A Journal of Analysis of Exploitation and Violence

Nigerian women and children have been trafficked to Italy over the last 30 years for commercial sexual exploitation with an alarming increase in the past three years. The Central Mediterranean Route that runs from West African countries to Italy is rife with organized crime gangs that have created a highly successful trafficking operation. As part of the recruitment process, the Nigerian mafia and its operatives exploit victims by subjecting them to a traditional religious juju oath ceremony, which is an extremely effective control mechanism to silence victims and trap them in debt bondage. This study explores the psychological effects of …

Asma, Asma, Tsos

TSOS Interview Gallery

Asma is a teenager who fled from Myanmar after the army killed her uncle and her village was destroyed. She is now living in Cox’s Bazaar, married, pregnant, and trying to cope in a world where violence and rape are all too common.

Rohima, Rohima, Tsos

TSOS Interview Gallery

Rohima was brutally raped and tortured by soldiers during an attack. After witnessing other women receive the same treatment, she fled Myanmar for Cox’s Bazar, Bangladesh. Once there, she got married while pregnant as a result of the rape.

The Use Of State-Sponsored Torture For National Security: A Debate On The Permissibility Of Torture In The Name Of Public Safety, Matthew Fisher

Honors Program Theses

Can the United States government’s use of state-sponsored torture ever be justified for national security purposes? This question is a taboo subject that frequently elicits passionate responses from individuals who argue both for and against its use in upholding national security. This vigorous debate challenges moral, ethical, legal, and even pragmatic ideals in seeking to determine if state use of torture can ever be a part of America’s national security strategy. These considerations, and others, have inspired this research project and the specific research question which seeks to determine whether the United States government’s use of state-sponsored torture for national …

The Freedom Of Information System: Falsely Giving The Appearance Of Transparency?, Aloysia Brooks

Secrecy and Society

No abstract provided.

Jeanusnat, Jeanusnat, Tsos

TSOS Interview Gallery

Jeanusnat’s father, who was chief of a Nigerian community, was murdered by an enemy community. The murderer intended to kill Jeanusnat and his mother as well, but they fled to neighboring Niger. There, Jeanusnat parted ways with his mother, who stayed at the church with a family, and Jeanusnat crossed into Libya in the back of a truck. But once in Libya, danger persisted. He was confronted by some robbers who stabbed him with a knife and beat him, leaving injuries on his legs and shoulder. In Tripoli, a man offered him temporary refuge, where Jeanusnat stayed until he decided …

Contents Full Article Content List Abstract Introduction How Media Affects Attitudes Media And Law Enforcement Public Perception Of And Support For Torture Linking Public Opinion And Policy Experimental Design Participants Results Discussion Future Directions Policy Implications Acknowledgements Notes References Did You Struggle To Get Access To This Article? This Product Could Help You Lean Library Figures & Tables Article Metrics Related Articles Cite Share Request Permissions Explore More Download Pdf Open Epub “If Torture Is Wrong, What About 24?” Torture And The Hollywood Effect, Erin M. Kearns, Joseph K. Young

Criminology and Criminal Justice Faculty Publications

Since 9/11, entertainment media has focused on depictions of terrorism and counterterrorism. How do dramatic depictions of counterterrorism practices—specifically torture—affect public opinion and policy? Using a mixed within-subjects and between-subjects experimental design, we examine how framing affects support for torture. Participants (n = 150) were randomly assigned to a condition for dramatic depictions showing torture as (a) effective, (b) ineffective, or (c) not present (control). Participants who saw torture as effective increased their stated support for it. Participants who saw torture—regardless of whether or not it was effective—were more likely to sign a petition on …

Judge Posner's Road Map For Convention Against Torture Claims When Central American Governments Cannot Protect Citizens Against Gang Violence, Steven H. Schulman

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Torture And The Human Mind, Larry D. Miller

The US Army War College Quarterly: Parameters

No abstract provided.

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.

Criminalizing “Private” Torture, Tania Tetlow

William & Mary Law Review

This Article proposes a state crime against torture by private actors as a far better way to capture the harm of serious domestic violence. Current criminal law misses the cumulative terror of domestic violence by fracturing it into individualized, misdemeanor batteries. Instead, a torture statute would punish a pattern crime— the batterer’s use of repeated violence and threats for the purpose of controlling his victim. And, for the first time, a torture statute would ban nonviolent techniques committed with the intent to cause severe pain and suffering, including psychological torture, sexual degradation, and sleep deprivation.

Because serious domestic violence routinely …

Pornography, Humiliation, And Consent, Rebecca Whisnant

Philosophy Faculty Publications

This article considers the role of humiliation in contemporary pornography, arguing that it constitutes a severe form of harm to many female pornography performers. It further contends that the apparently consensual nature of much humiliating pornography exacerbates its harm to the humiliated performers.

Walid & Rahima, Walid, Rahima, Tsos

TSOS Interview Gallery

Walid worked as a police officer inBaghlan County,Afghanistan, where hedid many operations with NATO and US forces. Walid was responsible for recordingoperations and distributing copies to the media. Being part of the operations was dangerous, and Walid lost many of his friendsto the Taliban.Theyevenskinned afriend for cooperating with the government. The violenceled him to say, “The terrorists have no religion.” The Taliban began entering homes and killing government officials,and paid assassinations happened in public. Walidknew he was in danger.After losing a dear friend, Walid knew then that he had lost all he was willing to lose.He fled to Pakistan where …

Ilhan & Family, Ilhan, Tsos

TSOS Interview Gallery

Ilhan, his wife Nura, and their children resided near Kabul, in a region where both the Taliban and ISIS were active. As Shias, Ilhan’s family faced numerous menaces, including threatsfrom ISIS that they would be beheaded if they did not display ISIS flags. Ilhan’s sister Radwa, who is deaf and mute, was forced to marry a regional leader. In addition to being threatened on religious grounds, Ilhan’s family was also threatened by anelder of their town. Out of desperation, Ilhan’s family sold their house appliances, escaped Afghanistan, and arrived at the Oinofyta refugee campin Greece. Ilhan’s family fled with Radwa, …

Ilhan, Nura, Radwa, Ziagull And Children, Ilhan, Tsos

TSOS Interview Gallery

Ilhan, his wife Nura, and their children resided near Kabul, in a region where both the Taliban and ISIS were active. As Shias, Ilhan’s family faced numerous menaces, including threats from ISIS that they would be beheaded if they did not display ISIS flags. Ilhan’s sister Radwa, who is deaf and mute, was forced to marry a regional leader. In addition to being threatened on religious grounds, Ilhan’s family was also threatened by an elder of their town. Out of desperation, Ilhan’s family sold their house appliances, escaped Afghanistan, and arrived at the …

Is Torture Ever Justified? The Influence Of Group Membership, Interrogation Approach, And Success On Attributions Of Interrogator Behavior And Perceived Acceptability Of Torture, Julia Labianca

Open Access Theses & Dissertations

The purpose of these three experiments was to determine what factors affect Americans' attitudes toward torture and the interrogators who engage in torture. Using theories of intergroup bias, fundamental attribution error, and cognitive dissonance, the three experiments investigated how people make behavioral attributions for an interrogator, as well as how people perceive the acceptability, ethicalness, effectiveness, and procedural justice of the technique used. Four variables were manipulated: group membership of the interrogator and detainee, outcome of the interrogation, and type of interrogation tactic used. It was expected that people would make attributional and attitudinal judgments in a manner that preserved …

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, …