Torture

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Abu Ghraib, Guantanamo Bay

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Torture

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1. Torture Melissa Emm Lauren Hewitt Ryan Kelly Jessica McCarthy

2. Abu Ghraib, Guantanamo Bay & the C.I.A. http://youtube.com/watch?v=wF3j4j8H1hk

3. What is Torture? Inflicting pain (excruciating in severity) Traditional definition: “physical suffering… through violence” (O’Byrne) International law: physical or mental ? Government officials

4. What is the Purpose of Torture? Traditional: extract information, confess guilt Power: break resistance, intimidation Williams: destruction of individual as person Sartre: taking human dignity Marton: “impose silence through violence” ? Form of censorship

5. Torture Pre-Modern World Torture historically seen in two realms Legal Political Used as weapon of state Greece: torture slaves Romans: Citizens included English: use torture to get plea

6. Modern World Torture Judiciary use of torture abolished Geneva Convention: 1929 POW/Citizen Use of torture for political purpose Mussolini Hitler Post-colonial Dictatorships

7. Issues today Amnesty International: over half of countries in world practice some form of torture Police Brutality: form of torture? http://www.youtube.com/watch?v=H9otlBYc6XE What is the definition of torture? Mental Moderate physical pressure

8. International Law on Torture All people, all areas, at all times “Severe mental or physical pain or suffering… intentionally inflicted on a person” Prohibited by Geneva Conventions Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment International Covenant on Civil and Political Rights Universal Declaration of Human Rights

9. The Convention Against Torture All states must criminalize torture Prohibits transfer to countries where persons are in danger of torture Must end torture in your country Allows diplomatic assurances

10. US Law on Torture Federal Anti-Torture Statute defines torture as, “an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering upon another person within his custody or physical control” (Human Rights Watch). War Crimes Act of 1996 - criminalization of torture

11. Finding Loopholes Rendition Diplomatic Assurances In danger of vs. more likely than not How to define severe pain and intent

12. Debating Torture http://www.pbs.org/newshour/bb/military/july-dec05/torture_12-02.html# What do you think? Should the U.S. military use torture as a method of interrogation?

13. Major Pros for the use of torture The Ticking Bomb Scenario “No time if a bomb is planted in a major city.” Utilitarianism Causality approach The life of one vs. the life of thousands Inevitability

14. Major Cons for the use of torture The Ticking Bomb Scenario revisited Slippery slope Moralist approach Kantians Torture yields unreliable results Victims confess to make pain stop “I couldn’t take the torture so I decided to sign. I confessed to things I never did… If they had sentenced me to death I wouldn’t have cared.”

15. Where do we go from here? Should we legalize torture to clean it up? How can we close loopholes like diplomatic assurances?

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