The United States has historically been regarded as a moral leader
opening the pathway for human rights. The country which for so long
has struggled for the establishment of the rule of law - as well as
to be a model for other nations in observing it - has, since
September11, 2001, committed abhorrent practices of torture, which
the US has fought against when committed by others. What seems
astonishing is that such practices took place within a climate of
significant public indifference, and even with some public support.
Time and again, observers of tragic historic events reveal that it
is not so much the evil doing of the few which allows the worst
atrocities to occur, as it is the indifference of the many. The
Bush administration assumed neither moral nor legal responsibility,
and in the end, it is hard-put to show what positive results may
have been obtained for so many transgressions. The history of law
and legal institutions has long proven the error of accepting the
Machiavellian principle that "the ends justify the means." In
addition, the proposition that torture prevents terrorism cannot be
proven true. Under torture, people tend to say whatever is expected
of them. However, this is not only about pragmatic pursuits. It is
about morality and ethics. The judgement has already been made that
torture is unlawful. In addition, the Guantanamo Bay practices and
the unlawful seizure of persons in different parts of the world by
the CIA - after which they are transferred to countries where they
are tortured - have proven that hard evidence is highly unlikely to
be attained under torture. Most of the detainees have been proven
to have no connection to terrorism and most of them have been
released because they were wrongly arrested. Guantanamo represents
a failed policy that has done much damage to the moral authority of
the US. Aberrant views of torture as necessary because "the ends
justify the means" have not generated much negative reaction from
the legal profession - despite the fact that the 1984 Convention
against Torture, the Geneva Conventions, the US Constitution, and
the laws of the US have clearly prohibited such practices. This
book examines such questions as: Are the events of September 11,
2001 enough to have us reopen the question of whether the medieval
practice of torture should be allowed? Are they enough to have its
institutionalized practice undermine the integrity of the US legal
process and system of law, and to undermine the country's moral
leadership in the world? The answer to these questions has to be a
resounding and unqualified "no." The US must, therefore, take quick
and confident action to make amends and to hold responsible those
who promoted a policy of torture. M. Cherif Bassiouni, in April
2012, received the Wolfgang Friedmann Memorial Award which is given
by the Columbia Journal of Transnational Law to a distinguished
scholar or practitioner who has made outstanding contributions to
the field of international law. *** ..".exquisitely detailed the
way in which American governmental institutions bypassed
international law in order to allow the creation of a policy that
allowed torture. Bassiouni paints a striking portrait of the abuses
and violations of international law by Bush's Administration, the
way these actions strike at the heart of the American tradition,
and the actions that must be taken to save America's collective
conscience." - Prof. Karen Greenberg, Executive Director of the
Center on Law and Security, NYU School of Law
General
Imprint: |
Intersentia Publishers
|
Country of origin: |
Belgium |
Release date: |
September 2010 |
First published: |
December 2010 |
Authors: |
M.Cherif Bassiouni
|
Dimensions: |
239 x 159 x 20mm (L x W x T) |
Format: |
Paperback - Sewn
|
Pages: |
301 |
ISBN-13: |
978-9400000056 |
Categories: |
Books >
Law >
General
|
LSN: |
9400000057 |
Barcode: |
9789400000056 |
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