The Unholy Trinity: Intelligence, Interrogation and Torture
Erin M. Page
Case Western Reserve University School of Law
Amos N. Guiora
University of Utah - S.J. Quinney College of Law
July 1, 2005
Case Legal Studies Research Paper No. 05-13
Case Western Research Journal Int'l Law, Vol. 37, p. 427, 2006
The paper argues that torture is legally and morally wrong and operationally not effective. In analyzing the Bybee memo, the paper argues that the atmosphere created by the Bush Administration contributed to the violations of human rights in Guantanamo Bay, Abu Ghraib, Bagram and other detention centers. Furthermore the article identifies three different forms of torture: 1) interrogation based (what some refer to as the ticking bomb); 2) sadistic or evil (the events in Abu Ghraib, as an example); 3) functional (a new leader demonstrating that there is a new sheriff in town). The paper argues that while harsh interrogation are legal and may be used, torture is both illegal and immoral.
Number of Pages in PDF File: 21
Keywords: Torture, Bybee Memo, National Security, Civil Rights, Interrogation, Intelligence Information
JEL Classification: K19, K33, K49working papers series
Date posted: July 14, 2005 ; Last revised: February 6, 2013
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