Torture in the Modern West

Abstract

This document, which is a draft chapter (completed in December 2005) from an ongoing book project, discusses and analyzes the use of torture by modern democracies. The chapter surveys the conduct primarily of England, France, Israel, and Spain, but also to some degree of Canada, Italy, and Sweden. (I address the conduct of the United States in other parts of the book.) With the exception of a brief discussion of British practices in India, I focus on post-World War II conduct. For example, Kenya and Northern Ireland (England), Vietnam and Algeria (France), the Basque insurgency (Spain), and the treatment of Palestinians (Israel). I discuss specific allegations about the use of torture and related forms of mistreatment, as well as legal and political responses, including recent decisions of the Supreme Courts of Canada and Israel and of Britain's House of Lords. At the end of the chapter, I also discuss the issue of extraordinary rendition. Throughout the chapter, I make three claims. First, torture is not aberrational conduct in modern democratic societies but is instead pervasive. Second, the practice of torture in such societies reflects common ideas of racism, colonialism, emergency, exception, and necessity. Third, torture in modern democracies is almost always "hidden" and therefore always capable of being denied or explained away as exceptional.

My hope is that readers of this draft will provide comments (or corrections) that will strengthen the analysis (or put me on notice of deficiencies). Perhaps, too, this draft will be helpful to the increasing number of people writing on torture.

Keywords: constitutional law, criminal law, international law, jurisprudence, law and humanities

JEL Classification: K10, K14, K33, K42