...John Badidis 1/4/13 Ethics Dr. Yoder Box 1150 Can Torture Ever Be Justified? The topic of torture has been discussed rigorously over recent years, and many are torn on the issue. In my personal opinion, one can justify torture on human standards if there is no God in the picture. However due to the fact that I am a believer in Jesus Christ, I cannot justify the action. Why would God ever have it be His will to put a man or woman who in a situation to torture his own creation and be ok with it? All throughout scripture we see that God never tortures man in the way some of us feel is occasionally necessary to save lives. Sure God is a God of Wrath, but His wrath was never inhumane. If we call ourselves believers, then I do not see how we can justify this action. I think that it is also important to remember that God is the only giver of life and death. Who are we to think that we can take these matters in our own hands? We must ask ourselves what is right? Next is the issue of sin. Here are a series of questions. -Does every man and women sin? Yes -Is every sin the same in Gods eyes? Yes -Would you consider electrocuting, cutting, burning, and drowning a man or woman created by God a sin? Yes -Does God ever want his children to sin? No, it saddens our Father every time we sin. With this conclusion, one must see that there is no difference between the torturer (the one who cuts, burns, drowns, etc.…), and the tortured (terrorist who plants a bomb to kill millions.)...
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...Torture is the act of deliberately inflicting severe physical or psychological pain and possibly injury to an organism, usually to one who is physically restrained or otherwise under the torturer's control or custody and unable to defend against what is being done to him or her. Torture has been carried out or sanctioned by individuals, groups, and states throughout history from ancient times to modern day, and forms of torture can vary greatly in duration from only a few minutes to several days or even longer. Reasons for torture can include punishment, revenge, political re-education, deterrence, interrogation or coercion of the victim or a third party, or simply the sadistic gratification of those carrying out or observing the torture. The need to torture another is thought to be the result of internal psychological pressure in the psyche of the torturer. The torturer may or may not intend to kill or injure the victim, but sometimes torture is deliberately fatal and...
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...The United States has been an example in following the United Nations Convention against Torture (UNCAT) since 1984. Any use of torture was considered not only as an infringement of the human rights, but also an infringement to the same convention which United States was a signer. Nevertheless, the aftermath of the 9/11 terrorist incursion changed the United States position against torture. Officials who were highly concerned about the security of the country voted for a start of a war against terrorism. During the same period any interrogation techniques, whether conventional or unconventional, were used on suspects to gain intelligence about any presumable imminent terrorist attack. The United States violated the UNCAT and began torturing its suspects. Many incidents reported by the media since 2002 revealed that prison guards were instructed to “prepare” prisoners for the interrogation suggesting the use of torture to intimidate them before the interrogation starts (“The Legal Prohibition”). These events caused a debate on the authorization of torture. The UNCAT signed by the United States defines torture as a dehumanizing interrogation...
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...Torture and Terrorism. On September 11, 2001, the U.S. was attacked by the terrorist group Al-Qaida. Terrorists hijacked four airplanes and carried out attack against targets in the United States. September 11 attack resulted in the loss of almost three thousand people, and caused at least ten billion dollars of damage on infrastructure and property. Following the terrorist attack of September 11, 2001, the United States of America, which was the number one defender of human rights around the world faced questions about the use of torture to obtain confessions. The debates over torture’s legitimacy created two groups, one defending the use of torture to save innocent people’s lives,...
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...The Morality of Torture The authority of using torture as a punishment in the past has been a cause for conflict. Today, some people see torture as an efficient form of punishment; they believe it is especially necessary in the treatment of terrorist prisoners or prisoners for the purpose of pulling information. Some writers make up fake situations to blow the advantages of torture out of proportion, claiming that it is danger free, low cost and useful for getting fast response. However, after carefully thinking through the arguments used by many torture supporters, one will figure out that the arguments of torture supporters are false. Writers who support torture show less logic, but rather offended anger to evil violence. The use of torture as а form of punishment should be prohibited because contrary to the arguments of torture supporters, it does not serve а purpose, is against international law, and will only perpetuate hatred and retaliation. (Davis) According to, the International Statuette, Torture is any kind of use of force, mental or physical used on a human being to gain third party information or self-confession. No country prefers to use it but is forced to do in order to safeguard the lives of its citizens and smoothen justice. (Greenberg) Most criminal suspects go through some level of torture. Torture may involve Physical methods like starvation, beatings, burning, sodomy as well as psychological methods such as verbal abuse, solitary confinement, and sleep...
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...Human Rights: Ceasing Torture and ill Treatment “In Guantanamo, Kurnaz was subjected to abusive practices and interrogation techniques, including waterboarding, religious and sexual humiliation, sleep deprivation, and solitary confinement. Of his time in detention, Kurnaz stated that he was repeatedly made to feel less human” (Patel). This excerpt is a real life connection of torture and ill treatment. Torture is commonly overlooked due to the lack of interest and knowledge about it. For instance, “In international human rights law, torture means any act by which severe pain or suffering, physical or mental, is inflicted on a person for such purposes as obtaining information or a confession, or to punish, intimidate or coerce” (Rabbit). Basically,...
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...from persecution” (UNHCR; 1967) is recognised by the United Nations Convention. Asylum seekers are known as persons who have fled their own country seeking protecting in fear for their life. Consequently, such persons often illegally arrive and enter countries such as Australia without valid visas. However, as part of the Human Rights signatory, Australia owes an international obligation towards all refugees and asylum seekers to “protect [their] human rights…” (Human Rights Commission (HRC)) as long as they are in Australian territory. Nevertheless, it has been continuously reported by the United Nations that Australia, through its detainment and treatment of refugees in detention centres, has penalised...
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...of health hazards and a blatant violation of constitutional provisions. Thus the main issue regarding narco-analysis is its ultimate admissibility in court as forensic evidence and its useful in investigation scientific technique. Recently the supreme court of India in the case of Smt. Selvi and others v. state of Karnataka, has held that involuntary subjecting an accused, a suspect or a witness to narco-analysis test will violate Article 20 (3) of the Constitution, which prohibits self-incrimination. Further the Supreme Court said that subjecting a person to such technique amounts to an intrusion of personal liberty under Article 21 of the constitution. This project intended to analyze the legitimacy of various legal arguments levelled against narco-analysis. I take this opportunity to...
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...Australia is a country well known for its diversity of beliefs and religions, it is said to be accepting of others, however, when the topic of asylum seekers is brought forth, the government and media portrays the need for border protection, and “stopping the boats”. This type of hostile political enforcement and negative media coverage only furthers the portrayal of refugees as something fear, in the mind of most Australians. However, although it is not widely broadcasted by the Government or media, Australia has a legal obligation to help asylum seekers under the United Nations Refugee Convention 1951, to which Australia is signatory. According to the United Nations Convention relating to the Status of Refugees, amended by the 1967 Protocol (the Refugee Convention) defines who is a refugee and what basic rights countries must provide to them. According to Article 1 of the Refugee Convention it is stated that “a refugee is a person who is outside their own country and is unable or unwilling to return due to a well-founded fear of being persecuted because of their: race, religion, nationality or membership of a particular social group...
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...of war (jus in bello) and justice after war (jus post bellum). While these wars have been surrounded with controversy and claims of being unjust, the “War on Terror” is a just war that does not exceed the moral boundaries set in the Just War Theory and today's society? The first criterion for a just war is the right to go to war. Is there a just cause? Will war be declared by a competent authority? Has all other options for peace been exhausted? What are the chances for success? Before the dust for the fallen towers settled and while eighty-six other countries mourned the loss of loved ones that were indiscriminately killed by Al Qaeda operatives, leaders around the globe heeded their citizens’ call to war, forming a coalition against terrorists. President George Bush stated “our 'war on terror' begins with al-Qaeda, but it does not end there. It will not end until every terrorist group of global reach has been found, stopped and defeated" (Wikipedia.org,...
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...the law of the land. Recently it would appear that political officials are twisting around these vague entries to fit the criteria that is convenient at the time, or worse, circumventing the laws entirely; thus debilitating our constitutional system of separation of powers. Let’s start with signing statements. According to the Constitution, Article II, the President can sign the bill or veto it. That is the Constitutional limit to his power with signing statements. Modern presidents, however, use these statements as ways to incorporate their own thoughts on the bill and “announcing a president’s intention to violate particular sections of the bill he is signing into law” (Swanson, 4). By doing this he is clearly overstepping his authority as president, since it is the duty of his Congress to make laws and not his place to either critique them or disregard them. While on the subject of inadvertence to law, let’s go over the ever so continuous controversy of the Anti Torture Act. In 1988 President Ronald Regan signed the UN Convention Against Torture, prohibiting any such acts as to inflict pain or suffering upon a person to obtain information or as punishment. In spite of this, during the Bush reign the Department of Justice legalized these very techniques relevant to Guantanamo Bay. It was said that government officials were “immune from suit because at that time it was unclear whether abusing prisoners at Guantanamo was illegal”. (Fisher, 2). Ambiguous much? And of...
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...ASSIGNMENT TOPIC “Organizational theories” SUBMITTED BY: SUBMITTED TO: Maria Ashraf Ma’am Saima BS VIII SEMESTER POL.SC / IR LECTURER POL.SC REG. NO: 10050615-033/2208 COURSE: regional organization FACULTY OF SOCIAL SCIENCES GOVT.POST GRADUATE COLLEGE (W), S/ TOWN, RAWALPINDI APRIL 2014 HUMAN RIGHTS I. OBJECTIVES A. Understand the history and development of international human rights law and how it interacts with the law of war. B. Understand those human rights considered customary international law. C. Understand major international human rights treaties, their scope and application, as well as the Unites States’ approach to human rights treaty law. D. Understand different regional international human rights systems. INTRODUCTION: Human rights law focuses on the life and dignity of human beings. In contrast with most international law, international human rights law protects persons as individuals rather than as subjects of sovereign States. International human rights law exists in two forms: treaty law and customary international law (CIL). Human rights law established by treaty generally only binds the state in relation to persons within its territory and subject to its jurisdiction, and tends to be more aspirational. HISTORY AND DEVELOPMENT OF INTERNATIONAL HUMAN RIGHTS LAW:...
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...* * * * * * * * INTERNATIONAL ORGANISATIONS AS AN EXAMPLE; UNITED NATIONS Its goal and efforts * * * * * What are the international Organisations? International organisations ‘represent the apex of a pyramid of multilateral diplomacy. At the base of this pyramid are the issues suitable for negotiation. Above this is the process of negotiation in which states agree norms or rules, and only in certain cases does this process of negotiation create the appropriate organisation or institutions’ (Imber, 1992). One can classify these organisations into various categories concerning of their functions. Such as: a) International financial institutions b) Commodity cartels c) World trade d) Sustainable economic development e) Food security f) Human rights g) The environment h) Regional organisations i) Health j) Emergency/disaster relief k) Security These organisations can be listed as Inter-governmental and non-governmental organisation too. * Theory and International Organizations One tries to establish a theory which aims to explain international organisations. His theory bases on ‘a principal-agent (P-A) model of international organization in which groups of member governments sometimes empower their IO agents with real decision-making authority. …7 Member governments (making up the principal) hire an IO (agent) to perform some functions that will...
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...ABOUT THE BRENNAN CENTER FOR JUSTICE The Brennan Center for Justice at New York University School of Law is a non-partisan public policy and law institute that focuses on fundamental issues of democracy and justice. Our work ranges from voting rights to redistricting reform, from access to the courts to presidential power in the fight against terrorism. A singular institution – part think tank, part public interest law firm, part advocacy group – the Brennan Center combines scholarship, legislative and legal advocacy, and communications to win meaningful, measurable change in the public sector. ABOUT THE BRENNAN CENTER’S LIBERTY AND NATIONAL SECURITY PROJECT The Brennan Center initiated its Liberty and National Security project two years ago to foster better public understanding of the importance of accountability, transparency, and checks-and-balances in the formulation and implementation of national security policy. We have since been at the forefront of advocating for sound, rights-respecting policy prescriptions based on broad public participation and informed discussion. Our staff engages in a spectrum of public education, legislative advocacy, litigation and scholarly activity. ABOUT THE AUTHOR Jonathan Hafetz is Litigation Director of the Liberty and National Security Project at the Brennan Center. He is actively involved in post-9/11 litigation involving detainee rights and other national security issues, and is lead counsel in several leading detention...
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...system, which is different from that of Mainland China, is based on the common law, supplemented by local legislation. All legislation in force in the HKSAR is accessible on the internet at www.legislation.gov.hk. Law in the HKSAR: The laws in force in the HKSAR include: (1) the Basic Law; (2) national laws listed in Annex III to the Basic Law; (3) the laws, including the common law and the rules of equity, in force before July 1, 1997, apart from a small number of statutory provisions which were declared by the Standing Committee of the National People’s Congress to contravene the Basic Law; and (4) laws enacted by the legislature of the HKSAR. National laws relating to defence, foreign affairs and other matters outside the limits of the autonomy of the HKSAR may be listed in Annex III to the Basic Law for application in the HKSAR by way of promulgation or legislation by the HKSAR. Currently, 12 national laws are included in Annex III to the Basic Law. The Judiciary: It is fundamental to Hong Kong’s legal system that members of the judiciary are independent of the executive and legislative branches of government. The courts of justice in Hong Kong comprise the Court of Final Appeal, the High Court (which includes the Court of Appeal and the Court of First Instance), the District Court (which includes the Family Court), the Lands Tribunal, the Magistrates’ Courts (which include the Juvenile Court), the Coroner’s Court, the Labour Tribunal, the...
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