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Waterboarding and United States law
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Why Waterboarding is Torture
The US Reservations of the UN Convention against Torture defines torture as “any act by which severe pain or suffering, whether physical or mental, is inflicted on a person for such purposes as obtaining information from a person.” Waterboarding fits into this definition very well. In the “How to Do It” article waterboarding is described as filling up the upper respiratory system with water causing both physical and mental pain. This causes the person being tortured to feel like they are drowning without them actually dying from the drowning. For the person experiencing it, it may even be worse because the article states that “his sufferings must be that of a man who is drowning, but cannot drown,” so it is never ending. So even though the person is not in real physical danger, the panic caused by this method of interrogation causes both physical suffering and great mental suffering. In the definition of torture it says it is torture whether it causes physical or mental suffering, and water boarding does both!
The Fourth Geneva Convention states that...
Capital punishment and torture are often looked down on in today’s societies because they are viewed as cruel and unconstitutional, but perhaps they would help in more ways then we would like to admit. They can be beneficial in many ways such as encouragement to be truthful, encouragement to live by the laws, and as a source of punishment. Capital punishment and torture are thought to be too painful, and the person doing the punishment is also committing a crime.
After the September the 11th attacks on the world trade center, countries around the globe thought it was necessary to take extra precautions when dealing with terrorists. The United States hence forth brought terrorist that were being help to Guantanamo bay. Guantanamo bay hold terrorist that are responsible for the September 11th attacks. These terrorist are kept at Guantanamo in order to prevent any further attacks from happening with in the United States. The prisoners that are help there are subdued to a form of interrogation known as water boarding. The process consists of a cloth being placed over the detainees face and the interrogator proceeds to pour water over the detainees face. This gives the feeling that you are drowning, but really you re panicking because you think you are drowning. Many people
Ever since the attack on the world trade center, Americans have become more aware of their surroundings and possible scenarios that could take place anytime and anywhere. After 9/11 the U.S. military began more sophisticated interrogations on individuals that could possibly lead to terrorism outbreaks by using the most effective way which is torture to ensure that the safety and lives of Americans is not threatened. Through the use of torture by our military, the U.S. has been able to interfere the use of terrorism, obtain important information and save numbers of U.S. citizens lives.
In order to assess the morality of torture, one needs to define it. According to the Tokyo Declaration of 1975 torture is “the deliberate, systematic, or wanton infliction of physical or mental suffering by one or more persons acting alone or on the orders of any authority, to force another person to yield information, to make a confession or for any other reason.” This definition’s generality severely limits harmless interrogations by police. The United Nations changed the definition to include severe physical suffering, deliberate intentions, and also added that the action cannot be part of a lawful sanction. The US later revised the definition “to include only the most extreme pain” in 200...
Consider the following situation: You are an army officer who has just captured an enemy soldier who knows where a secret time bomb has been planted. Unless defused, the bomb will explode, killing thousands of people. Would it be morally permissible to torture them to get him to reveal the bomb’s location? Discuss this problem in light of both Utilitarian and Kantian moral theories and present arguments from both moral perspectives for why torture is morally wrong.
From a moral standpoint, torture is wrong and unacceptable. Many religious people are against this act of violence because they see it as a violation of the dignity of a human being. Humans have the right to not have intentional harm upon themselves from others. The ban on torture furthermore supports this certain right. Not only does torture violate people’s rights, but they also violate the demands of justice. In the past, many of our nation’s people have been tortured and we have had a problem with it; but when it’s not you the one that is being tortured, it seems to be fine. Have you heard of the golden rule, “Treat others only as you consent to being treated in the same situation? (7)” This applies very well to this problem.
Torture is the intentional infliction of extreme physical suffering on some non-consenting, defenseless person. Torture in any form is used to punish, coerce, or afford sadistic pleasure.
The use of torture has always been a hot topic of moral and ethical discussion. Typically, the discussion is not about whether or not torture is good, but rather if there is ever a morally acceptable situation in which torture should be allowed to occur. Does a criminal’s deeds strip him of basic human rights and make it morally okay for him to be physically and mentally abused? Do certain situations such as war make torture acceptable? It is generally agreed upon that torture is a terrible violation of a person and their rights; the common thread among moral questions such as these is if there are any times when torture could be considered morally acceptable. In order to analyze this moral dilemma, an ethical system is commonly used as a
Torture is the act of inflicting severe pain or suffering, mental or physical, on an individual to obtain information, to intimidate or for punishment. Torture is expressed in many ways, for example, rape, hard labour, electric shock, severe beatings, etc, and for this reason it is considered as cruel, inhumane or degrading treatment. Therefore, it is a violation of human rights and is strictly prohibited by international law. Michael Davis and many other individuals have stated that torture is worse than murder. He claims, “Both torture and premature death are very great evils but, if one is a greater evil than the other, it is certainly torture”. With that being said, there are three major reasons to discuss, in which, torture is not morally acceptable. However, in many cases it is considered very beneficial, but the disadvantages outweighs the benefits. Firstly, bullying is a form of torture but to a lesser extent, in which it results in an individual suffering from low self-esteem, suicidal thoughts, self-harm, etc. In addition, torture is mainly used as a means to obtain information, however, it is an ineffective interrogation tool in which, the data given could be falsified. Lastly, torture is sometimes utilized to shatter the autonomy of individual, that is, the right to their freedom and independence, forcing the victim to succumb to the torturer’s way of thinking.
The issue of torture is nothing new. It was done in the past and it’s done now in the 21st century. Without saying one side is right and the other side is wrong, let us discuss the part that we agree on and find common ground. We as Americans want to protect Americans from harms. So how do we prevent that from happening without torturing? It is impossible to get answer without some sort of questioning and intimidation techniques, since we know captured prisoners during war are not easily going to give up information. We know the enemy we face doesn’t follow the Geneva Convention or any law that pertains to war, so does that mean we shouldn’t also follow the Geneva Convention also, which prohibits torture? Of course not, because we want to be example for the world. Republicans argue that we have to do whatever is necessary to keep Americans safe, and Democrats argue it goes against our values and makes us look bad. We as Americans, as leader of the free world we
There are a lot of disturbing aspects of torture, just thinking about the dehumanizing, disfiguring process is enough to make any normal persons stomach turn. However when I say there are disturbing aspects of torture I am referring to the process (or lack of). There is no protocol for torture. There are no trial, no rules, guidelines, or script that a torturer must follow. It is free
Torture may be an inhumane way to get the information needed to keep the citizens of the United States safe from the attacks that are threatened against them, but there is rarely a course of action that will ensure the safety of a nation’s citizens that doesn’t compromise the safety of another group of people. Nevertheless, we must conserve as much humanity as possible by looking at the situation we are in and ensure that we are approaching the torture in an ethical manner. Although torture is valid on moral grounds, there are many who oppose it, such as Jamie Mayerfeld as he states in his 2009 article “In Defense of the Absolute Prohibition of Torture”.
Torture, the most extreme form of human violence, resulting in both physical and psychological consequences. A technique of interrogation that has been proven time and time again to not only be ineffective but also a waste of time. Studies have shown that not only does torture psychologically damage the mind of the victim, but also can hurt the inflictor. If there is proof that torture is useless, why do we still use it? Torture should not be used to get information out of prisoners because of the risk of false information, enemy resistance and utter uselessness.
Enhanced interrogation methods include hypothermia, stress positions, waterboarding, and sleep deprivation. In each of these cases there have been studies such as, the one concocted by Dr. Allen Keller, of Bellevue NYU Program for Survivors of Torture. Dr. Keller once said, “Some victims were still traumatized years later. A man who had experienced waterboarding couldn’t take showers and panics when it rains.” In January 22, 2009, President Obama, signed an executive order that requires both the U.S. military and paramilitary organizations to use the Army Field Manual as the guide of getting information from prisoners, moving widely away from the Bush administration tactics. In this manual none of these enhanced interrogation methods are acceptable. If indeed, any person or persons were caught using any of these outlawed interrogation methods, they would be subject to a fine of 10,000 dollars and a life term of imprisonment. This is true even if you showed the intent to commit torture, but never actually committed the crime. If there is sufficient evidence to prove intent, then you are subject to 25 years of imprisonment. The means to not justify the necessity when it comes to enhanced interrogation. It can lead to false information, if someone is falsely accused of a crime and therefore detained by the military with no evidence and then tortured; in most scenarios an innocent person will admit to their accusation to avoid the undeniable pain of torture. There has to be due process and torture should and never will be the answer. All in all, enhanced interrogation is a technique used to induce information from possible suspects; however, this technique is immoral in ways such as, but not limited to, impacting the victims life, f...
Around the world and around the clock, human rights violations seem to never cease. In particular, torture violations are still rampant all over the world. One regime, the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, establishes a strong elaboration of norms against torture. Despite its efforts, many countries still outright reject its policies against torture while other countries openly accept them, but surreptitiously still violate them. The US, Israel, and Saudi Arabia all have failed to end torture despite accepting the provisions of the Convention.