The Prohibition against Torture: Why the UK Government is Falling Short and the Risks that Remain

While the UK's official position is that it neither uses nor condones torture or cruel, inhuman and degrading treatment (CIDT), it is now a matter of public and parliamentary record that UK security services and military personnel colluded in rendition, torture, and cruel, inhuman and degrading treatment, both as part of the CIA's Rendition, Detention and Interrogation (RDI) programme, at military detention facilities in Afghanistan and Iraq, and through involvement in the detention and interrogation of prisoners by allied security forces. This paper will explain why the government is falling short of its obligations under international law, and why considerable risks remain that UK intelligence and security services will continue to collude in torture and CIDT .     

Indigenous Australians and the rules of the social security system: Universalism, appropriateness and justice

Noel Pearson has recently argued that inclusion, over the last 30 years, in a 'passive' welfare system has been to the detriment of Aboriginal society. This article approaches the inclusion of Aboriginal people in the social security system from a slightly different perspective, while taking seriously Pearson's concerns. It argues that, despite norms and aspirations of universalism, rules within the social security system are social constructs derived from and intended for the particular social and economic circumstances of the dominant society. When those rules are applied to the very different social and economic circumstances of minority groups, such as Indigenous Australians, major issues of adaptation and interpretation arise. This article draws on research experience spanning 20 years on relations between Indigenous Australians and the social security system to illustrate the degree to which adaptation has occurred, in the pursuit of realism. However, it also argues that current relations between the social security system and Indigenous Australians are not just and fair because the rules of the system do not equally reflect Indigenous and non-Indigenous peoples' social and economic circumstances.     

Ticking Bombs and Moral Luck: An Analysis of Ticking Bomb Methodology

In this paper, I take up the task of further examining the ticking bomb argument in favor of the use of torture. In doing so, I will focus on some recent scholarship regarding ticking bomb methodology introduced by Fritz Allhoff. I will then propose a set of ticking bomb variations which, I believe, call into question some of Allhoff's conclusions. My goal is to show that ticking bomb methodology is misguided in its attempt to justify torture insofar as its proponents seem to ignore certain nonconsequentialist factors that are latent in the various types of uncertainty in real-world ticking bomb cases. Once this fact is recognized, I claim, the normative claims about torture that follow can be denied by appealing to it. I then argue that, even if we grant a certain level of uncertainty within the ticking bomb argument, torture is not justified. Rather, the implementation of torture, even if it yields positive results, is nothing more than a case of moral luck. In other words, the supposed "success" of torture in the ticking bomb cases lies entirely outside the agent's control. Thus, if the outcome of the use of torture is in no way controlled by the agent, then the agent's actions cannot be justified by appealing to that outcome.     

What's the Harm? The Ethics of Intelligence Collection

Abstract

As the professional practice of intelligence collection adapts to the changing environment and new threats of the twenty-first century, many academic experts and intelligence professionals call for a coherent ethical framework that outlines exactly when, by what means and to what ends intelligence is justified. Reports of abuse at detention centres such as Guantanamo Bay and Abu Ghraib, the ever increasing use of technological surveillance, and the increased attention on the use of torture for intelligence collection purposes have all highlighted a need to make an explicit statement about what is and what is not permissible intelligence practice. In this article an ethical framework will be established which will outline under what circumstances the use of different intelligence collection activities would be permissible. This ethical framework will first underline what it is about intelligence collection that is ‘harmful’ and, therefore, should be prohibited under normal circumstances. The ethical framework then outlines a set of ‘just intelligence principles’, based on the just war tradition, which delineate when the harm caused can be justified. As a result, this article outlines a systemic ethical framework that makes it possible to understand when intelligence collection is prohibited and when it is permissible.     

ASEAN and the securitization of transnational crime in Southeast Asia

This article studies the securitization of transnational crime by the Association of Southeast Asian Nations (ASEAN) since 1996–97. It first introduces transnational crime as a criminal matter before positioning it within the international security debate through an elaboration of the Copenhagen School and its securitization theory. It then examines whether transnational crime has been articulated in security terms in the ASEAN rhetoric. The article demonstrates that the member states have made statements in which they make claims about security in the context of crime. Yet, there is little evidence that this has encouraged regional policy-makers to adopt common security responses. ASEAN has failed to implement joint actions due to domestic circumstances but also because of its own consensus model and resistance to institutional reforms. Finally, the article suggests that the problem of transnational crime could be dealt with more effectively if it was approached primarily as a criminal matter rather than as a security issue.     

Interrogating the Interface of Partisan Public Security Forces,Cynical Electorate,and the Hazards of Electioneering in Nigeria

Elections in Nigeria are usually ferociously contested. Thus the risks of violence are always high, particularly for the electorate. Violence becomes such a seeming permanent feature of political competition in the country that electioneering is seen as the equivalent of war and political gladiators as combatants. The intervention of public security forces to enforce sanity in the process appears counterproductive because of their level of partisanship. The voters become victims in such circumstances such that they are precariously hooked in between the choice of endangering their lives in a country riddled with impunity or exercising their voting rights for good governance and a better future. The essay argues that as much as the relevance of security forces in electioneering may not be underestimated, their presence often undermines the process, fueling an atmosphere of violence. The article submits that a more civil approach/strategy should be factored into their operations with a view to ensuring a level playing ground and safety for all stakeholders in the electoral process.     

Torture Approval in Comparative Perspective

Torture is (almost) universally condemned as barbaric and ineffective, yet it persists in the modern world. What factors influence levels of support for torture? Public opinion data from 31 countries in 2006 and 2008 (a total of 44 country-years) are used to test three hypotheses related to the acceptability of torture. The findings, first, show that outright majorities in 31 country-years reject the use of torture. Multiple regression results show that countries with high per capita income and low domestic repression are less likely to support torture. Constraints on the executive have no significant effect on public opinion on torture.     

What Stops the Torture?

States whose agents engage in torture in a given year have a 93% chance of continuing to torture in the following year. What leads governments to stop the use of torture? We focus on the principal–agent relationship between the executive and the individuals responsible for supervising and interrogating state prisoners. We argue that some liberal democratic institutions change the probability that leaders support the creation of institutions that discourage jailers and interrogators from engaging in torture, thus increasing the probability of a state terminating its use of torture. These relationships are strongly conditioned by the presence of violent dissent; states rarely terminate the use of torture when they face a threat. Once campaigns of violent dissent stop, however, states with popular suffrage and a free press are considerably more likely to terminate their use of torture. Also given the end of violent dissent, the greater the number of veto points in government, the lower the likelihood that a state terminates its use of torture.     

Security sector reform in transitions from military rule: Legacies of authoritarianism in Brazil

According to the international legal system, countries in transition from authoritarian rule have the duty to provide truth, justice and reparations, and to prevent the recurrence of systematic human rights violations. Security sector reforms are a key preventive mechanism, and this article analyzes the impact of these reforms on the recurrence of torture, killings, and disappearances. As there are many types of reforms in the security sector, the main research question is: which reforms, or combination of reforms, are effective in preventing the recurrence of human rights violations? Brazil experienced a brutal military regime between 1964 and 1985, when security forces were involved in systematic human rights violations. A case study of the Brazilian transition from military authoritarian rule was conducted and the findings suggest that the involvement of armed forces in domestic issues, weak civilian authority, overlapping jurisdiction, and blurred lines of command within the security forces have a negative impact on the outcome of interest. Finally, contributions were made to scholarly debates concerning transitional justice, human rights, and institutional change     

论罗尔斯对功利主义的批判

罗尔斯对功利主义的批判是为了建立一种正义理论,以期代替居于统治地位的功利主义,他对功利主义的批评,涉及到功利主义的三个错误:即功利主义没有认真考虑在一个社会里如何分配利益和福利;功利主义没有认真地考虑人与人之间的差别;功利主义没有考虑欲望满足方面的特性.而这三个错误在罗尔斯看来是目的论和道义论之间的差异、是善与正义之间的差异、是效率原则与平等原则之间的差别.在<政治自由主义>中,他又联系社会多元论的事实,对功利主义的综合性学说进行批评,使他对功利主义的批判上升到一个新的阶段.罗尔斯对功利主义的批判给我们两点启示:如何正确处理效率原则和平等原则关系问题以及如何正确处理一元与多元的关系问题.     

Intelligence and the significance of Khe Sanh

John Leopold spied his way into becoming the most famous member of the Royal Canadian Mounted Police in the intewar period. Too short, and from the wrong ethnic background to have become a Mountie under normal circumstances, the immigrant Leopold was accepted specifically because of his eastern European origins. He infiltrated the fledgling Communist Party of Canada and after is exposure in 1928 became the RCMP's top expert on communism. His life provides insight into the developing Canadian security state, the nature of undercover intelligence gathering at the time, and the toll a life of secrecy can exact.     

Governing peacekeeping: the role of authority and expertise in the case of sexual violence and trauma

Abstract

The surprising authority of gender expertise on sexual violence within post-Cold War peacekeeping can be understood by tracing how sexual violence became linked with political torture and combat violence in peacekeeping security rationality. The linkage emerged from the development of Post-Traumatic Stress Disorder (PTSD) theory within anti-Vietnam war activism, which gained international authority during the 1980s. Post-Cold War narratives of ‘multi-dimensional’ peacekeeping as the policing and rehabilitation of perpetrators and victims for self-government drew on PTSD expertise on ‘integrity violations’, thus problematizing sexual violence. However, gender expertise should not be dismissed as providing ideological cover for imperialist projects: the contingent authority gender expertise has claimed has disrupted the peacekeeping narrative by representing peacekeeping operations as fostering flourishing sex industries in which integrity violations are a norm.     

Threat Perception and American Support for Torture

When do Americans support the government’s use of torture? We argue that perceptions of threat undermine the extent to which American public opinion serves as a bulwark against government torture. Although surveys demonstrate that a slim majority of the American public generally opposes torture, using a nationally-representative survey experiment, we show that Americans are considerably more supportive of government abuse when it is directed at individuals who they perceive as threatening: specifically, when a detainee has an Arabic name and when the alleged crime is terrorism. Given the malleability of public opinion as a potential constraint on abuse, our results underscore the importance of institutional protections of human rights.     

European–Mediterranean Security and the Arab Spring: Changes and Challenges

The policy of the European Union (EU) toward the Mediterranean has undergone two main metamorphoses during the last 25 years. In 1995, it started from a collective security idea with the Barcelona Process, but due to the poor success of this collective approach, it underwent a “realist turn” with the creation of the European Neighbourhood Policy in 2004. The Arab Spring in 2011, by questioning authoritarianism, influenced the perception of what is recognized as a security problem and who can define it. The authoritarian rulers and their supporting security forces are now challenged by their populations, and societal circumstances are so unstable that nearly every domestic problem can be politically given a spin to become a security risk. Aside from this, violent conflicts and civil wars demand an answer from the EU. In this situation, the EU's answer to the Arab Spring does not directly respond to the changing security situation in the Mediterranean. It emphasizes domestic democracy and civil society but does not take up the potential risk discourses. Concerning violent conflicts, the EU as a community is not at all active in the region but leaves this field to its member states, NATO, the Arab League, and the United Nations. Thus, the perceptions, ideas, and needs of Mediterranean security between the EU and the Southern partner states still differ harshly and seem to disregard the risk dimension of the Mediterranean security problems in this period of Arab transition.     

Skill versus Brutality in Interrogation: Lessons from Israel for American Policy

This article reviews the central tenets of selection, training, doctrine, and organization in Israeli interrogation to suggest how the United States might learn from the Israeli experience. There is relatively little in the open literature on these particular issues of training and approach in Israel. The contrast between Israeli and US approaches raises questions about the effectiveness of US interrogation and suggests how the US might better use skill and cunning toward an effective, legal, and ethical American policy on interrogation. By themselves, professionalism and skill do not prevent torture, but they can provide an effective alternative to it. A change in American policy is essential, to counter pressures in Congress and elsewhere to sanction the use of torture in response to new terrorist threats.     

粮食安全的经济属性与成本补偿模型分析

一般的粮食具有私人物品属性。粮食安全的经济属性为准公共物品。模型分析表明,为保障国家经济安全所提供的粮食是市场失灵的领域,需要政府“埋单”。然而,在正常情况下,豉府和市场在粮食安全活动中应互为补充,有机耦合。     

Torture in Israel

Conclusion The High Court's verdict is a major step forward insofar as that the existing institutionalized GSS torture practices are declared unlawful and are no longer possible in any institutionalized form. It appears, however, likely that Israel will attempt to reintroduce the legal use of different forms of “physical pressure” under specific circumstances. The legality of these forms in Israel is then likely to be tested by a High Court of Justice which is still clearly ambivalent and far from unequivocal in declaring all forms of physical means during interrogations to be unlawful. Whereas the Court's ruling declaring the present guidelines and various practices of “moderate physical force” unlawful is a positive step from a human rights perspective and in the context of the Middle East peace process, its significance might thus eventually turn out to be less of a breakthrough than initially thought. The international community has ample reason to continue to follow Israel critically regarding possible infractions of the Convention and the ICCPR. I would like to thank Jeroen Gutter and Ian Seiderman for their assistance with this article.     

Abu Ghraib, Administrative Evil, and Moral Inversion: The Value of "Putting Cruelty First"

The torture and abuse of detainees at Abu Ghraib prison and at other sites in Iraq, Afghanistan, and Cuba raise disturbing questions that have few, if any, easy answers. Were these intentionally evil acts committed by a few bad apples who took advantage of the power they wielded over the detainees? Or were they cases of administrative evil in which the obvious evil of torture and abuse was masked from the perpetrators, including those who performed subsidiary and supportive functions? The more fundamental question is, are torture and abuse always wrong? How close did the United States come to moral inversion in this case? Judith Shklar’s concept of “putting cruelty first” aids our understanding of this case and points toward a trajectory that could help prevent future moral inversions and administrative evil.     

Security,Flexible Sovereignty,and the Perils of Multiple Citizenship

In this paper we unpack the concept of dual citizenship in relation to the meaning of sovereignty claims in situations of political exception. We take up two contending analytical frameworks to examine dual citizenship. The first framework examines dual citizenship as a human right, and makes liberal legal arguments about the increased rights and privileges afforded to dual citizens. The second framework, which we develop here, examines dual citizenship as a form of hierarchical citizenship, whose genealogy owes substantially to orientalist mythologies, and whose technologies of governance work through securitized state policies and practices of flexible sovereignty. As a form of hierarchical citizenship, dual nationality produces hyphenated citizenships that exist on a transnational plane, yet are always rooted in relations among particular nation-states. Some of the recent cases of extraordinary rendition, detention, and torture of dual national men of Muslim and Arab background will be discussed to illuminate the securitization and racialization of diplomatic protection. While citizenship is not a standard set of rights available to all, the cases we examine reveal that dual citizens with “dangerous” nationalities caught up within the post-9/11 security paradigm may find themselves as unprotected persons, existing in a vacuum devoid of diplomatic protection, human and citizenship rights.     

Visiting Mechanisms to Eradicate Torture: A Foucaultian Analysis

In this Article, I examine the Visiting Mechanisms under the Convention against Torture (CAT) and the Optional Protocol thereto (OPCAT), applying an analytic approach resting on Foucault’s Discipline and Punish. I argue that international Visiting Mechanisms essentially constitute disciplinary apparatuses as depicted by Foucault. However, because they fail to recognise this functional similarity, they do not effectively apply the methods of inducing panoptic power. Most notably the concept of ‘hierarchical observation’ is hardly utilised at all. The two introduced legal entities, the Committee against Torture under CAT, and the Subcommittee for the Prevention of Torture under OPCAT, both engage in visits to states with a view to eradicate torture and ill-treatment throughout the world. Critically examining their systemic design and practises reveals that the preventative ante hoc mandate of the Subcommittee is more effective than the post hoc inquiries of the Committee. Nevertheless, because both entities unfortunately fail to fully utilise panoptic power, the article concludes by offering a set of recommendations for both bodies that could arguably enhance their overall effectiveness.