From Democratic Underground
Dated March 11, 2004
Why Torture Doesn't Work
A Critique of Alan Dershowitz' Case for Torture
By Jack Rabbit
Alan Dershowitz, the renowned legal scholar and civil libertarian, has stirred up a small hornets nest since the September 11 attacks by talking openly about the possibilities of sanctioning torture in America. Dershowitz feels it is incumbent on him to lead a discussion on a choice he feels is unpleasant but necessary.
Torture is regarded by progressive civil libertarians as an abomination that every civilized nation should outlaw. Modern international humanitarian law categorically prohibits its use. The Rome Statute classifies torture as a crime against humanity, the Third Geneva Convention (1949; Aritcles 3, 17, 87 and 130) prohibits its use against prisoners of war and the Fourth Geneva Convention (1949; Articles 3, 32 and 147) probhits it against civilians in situations of armed conflict. The United Nations Declaration of Human Rights (1948; Article 5) states unequivocally, "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment." Gloss is put on these declarations concerning torture by the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984), to which the United States is a party . . . .
Alan Dershowitz, the renowned legal scholar and civil libertarian, has stirred up a small hornets nest since the September 11 attacks by talking openly about the possibilities of sanctioning torture in America. Dershowitz feels it is incumbent on him to lead a discussion on a choice he feels is unpleasant but necessary.
Torture is regarded by progressive civil libertarians as an abomination that every civilized nation should outlaw. Modern international humanitarian law categorically prohibits its use. The Rome Statute classifies torture as a crime against humanity, the Third Geneva Convention (1949; Aritcles 3, 17, 87 and 130) prohibits its use against prisoners of war and the Fourth Geneva Convention (1949; Articles 3, 32 and 147) probhits it against civilians in situations of armed conflict. The United Nations Declaration of Human Rights (1948; Article 5) states unequivocally, "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment." Gloss is put on these declarations concerning torture by the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984), to which the United States is a party . . . .
(P)rogressive civil libertarians need not concede a single point to Dershowitz, let alone the supporters of Bush and Ashcroft. There are at least three problems with Dershowitz' case for torture, all of which are fatal.
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ON EDIT
I would like to take this opportunity to thank Professor Mark LeVine of UC Irvine for his kind words on this piece. Please click
here.