Torture, Judicial Review, and the Regulation of Custodial Interrogations

31 Pages Posted: 24 Sep 2007

Abstract

Since September 11, the Bush administration has developed an unprecedented global-wide detention system, designed to operate outside any established legal framework or independent oversight. By evading existing constraints on custodial interrogations under domestic and international law, this detention system has undermined the United States' longstanding commitment to the prohibition against torture and other abuse.

This article discusses the relationship between the abandonment or dilution of substantive standards and the role of judicial review in regulating custodial interrogations in counterterrorism operations. The article concludes that standards prohibiting abuse, without meaningful judicial oversight are insufficient to effectively regulate custodial interrogations of prisoners held outside established legal frameworks.

Suggested Citation

Hafetz, Jonathan, Torture, Judicial Review, and the Regulation of Custodial Interrogations. NYU Annual Survey of American Law, Vol. 62, No. 3, 2007. Available at SSRN: https://ssrn.com/abstract=1016199

Jonathan Hafetz (Contact Author)

Seton Hall Law School ( email )

One Newark Center
Newark, NJ 07102-5210
United States

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