Torture and Human Rights

Paper Summary:

This paper argues that, following the tragic events of September 11th, the U.S. needs to develop and follow a sound methodology for determining when it is time to reconsider moral codes with regard to inflicting torture in order to gain information.

From the Paper:

"Torture is banned by the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Further, the Convention against Torture and Other Cruel, Inhuman, and Degrading Treatment or Punishment (CAT) was adopted by the U.N. General Assembly in 1984 and has been ratified by 129 countries, including the United States in 1994. CAT defines torture as "any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted by or at the instigation of a public official on a person for such purposes as obtaining information . . . or confession." CAT makes clear that "no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability, or any other public emergency may be invoked as a justification for torture." Following the tragic events of September 11th, public sentiment and perhaps even practice regarding these moral codes has dramatically changed, with many traditionally on the liberal side of the fence saying that new rules are needed to fight a new kind of war. However, what's really needed is the following of a sound methodology rather than public hysteria to determine when moral codes should be revisited."

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