President Trump has brought this discussion back to the political agenda. Find out more about the potential advantages and disadvantages of torture and join our poll and debate see below. Is torture ever acceptable?
Is Torture Ever Justified? International law prohibits nations from using torture under any circumstances. With terrorist attacks continuing throughout the world, however, some argue that this absolute standard should be relaxed or even abandoned.
The terrorist admits he has planted a powerful bomb set to go off in New York City, but refuses to say where the bomb is. Others argue that torture violates international and U.
What should the agents do? Many people believe that in such a situation, agents should do anything they can to find the bomb, including torturing the terrorist.
Alan Dershowitz, a Harvard law professor, believes that in real life, torture would be used. He argues that a legal process should be adopted to approve torture in extreme cases, because this will prevent it from being used in other cases.
Some believe that torture is absolutely wrong and the end saving lives cannot justify the means torture. Because of this, you end up going down a slippery slope and sanctioning torture in general.
The terrorist would be dedicated, know how long he had to hold out, and would likely mislead his torturers until the bomb went off.
Still others think that if the situation merits torture, the agents should be willing to risk going to prison. Would a prosecutor dare charge them with crimes if they saved the lives of thousands? If charged, the agents might be able to raise the defense of necessity, that they did something wrong to prevent a far greater wrong.
If they were convicted, the president might pardon them. Posner believes the strict ban on torture should be left in place even though torture may be justified in some extreme cases. Having been regularized, the practice will become regular.
Several international agreements outlawed torture and cruel, inhuman, and degrading treatment. Inthe United Nations adopted the Geneva Conventions, a series of international agreements. These conventions, which the United States signed and ratified, prohibits using any form of physical or mental torture on prisoners of war POWs.
The Geneva Conventions permit the interrogation of POWs, but POWs are required to give only their name, rank, age, military organization, and serial number. The Torture Convention, adopted by the United Nations inextended the ban on torture to all persons.
This international agreement obliges the signing nations to prevent any act of torture against anyone within its jurisdiction and to prosecute violators in its courts.
Any person charged with torture could not use as a defense that he or she was following orders from a higher authority. Under Article 1 of the Torture Convention, the person doing the torturing must be acting in an official capacity, such as a law-enforcement officer or military interrogator.
The prohibitions in the Torture Convention are absolute. Law Inthe U. Senate ratified the Torture Convention. InCongress passed a law incorporating the Torture Convention into the federal criminal code.
Army Field Manual addresses the Torture Convention. The section on interrogation bans the use of force: In addition, Geneva Conventions on POWs largely concern the behavior of nation-states, not worldwide terrorist organizations, like Al Qaeda, intent on killing civilians.
Therefore, should the United States be bound by all the conventions when interrogating terrorism suspects? Lawyers within the Bush administration explored the legal status of Al Qaeda members and Taliban fighters.
But the lawyers pointed out that Afghanistan was a failed state, and the Taliban did not function under a chain of command, wear uniforms, or obey the laws of war.
If there were questions about individual fighters, their status had to be determined by a military board.
The lawyers pointed out that this was the procedure the United States had followed for decades. Secretary of State Colin Powell had another concern about declaring that the Geneva Conventions did not apply to the Taliban.
He thought it might confuse Americans on how to treat Taliban prisoners.Is torture ever acceptable? Torture is the act of deliberately hurting someone, physically or psychologically, as a punishment or as means of obtaining some information. Although in decline after the Second World War, torture continues to be used not only in dictatorships but also in some democracies.
NBC News/Wall Street Journal Poll conducted by Hart Research Associates (D) and Public Opinion Strategies (R). March , N=1, registered voters nationwide. Watch full episodes and get the latest updates and information on all of your favorite FX and FXX shows.
Aug 03, · The scenario The 'ticking bomb' problem. The problem that even the most virtuous people face when thinking about torture is whether there is ever a case when a good result produced by torture.
Following World War II, leading Nazi doctors were brought to justice before the International Military Tribunal at rutadeltambor.com doctors were charged with War Crimes and Crimes Against Humanity. The Nuremberg trial of the doctors revealed evidence of sadistic human experiments conducted at the Dachau, Auschwitz, Buchenwald and Sachsenhausen concentration camps.
If confirmed, Gina Haspel will become the first woman CIA director. However, she may face a rocky road to confirmation due to her role in torture sessions at a secret prison in Thailand.