Chapter

Torture

Amos N. Guiora

in Constitutional Limits on Coercive Interrogation

Published in print April 2008 | ISBN: 9780195340310
Published online January 2009 | e-ISBN: 9780199867226 | DOI: https://dx.doi.org/10.1093/acprof:oso/9780195340310.003.0007
Torture

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Defining limits of coercive interrogation is put to the test when an interrogator is sitting across from someone who is not cooperating and the interrogator knows is in possession of information purported to be urgent. It is exactly at that moment that the previously established lawful limits of interrogation must be implemented, no matter the circumstance. Otherwise, excess will be permitted, encouraged, and will inevitably occur. This chapter is divided into three subsections: 1) definitions of torture; 2) an analysis of interrogation methods based on an Israeli High Court of Justice holding, Ireland v. United Kingdom, and a 1984 Israeli Commission of Inquiry; and 3) an analysis of functional torture and sadistic torture.

Keywords: functional torture; sadistic torture; Ireland v United Kingdom; limits of interrogation; Israeli High Court of Justice; 1984 Israeli Commission of Inquiry; Public Committee Against Torture in Israel v State of Israel and General Security Service; Convention Against Torture; Geneva Conventions; Bybee memo

Chapter.  9255 words. 

Subjects: Human Rights and Immigration

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