© Oxford University Press, All rights reserved. Goodhart: Human Rights: Politics and Practice Chapter 17: Torture William F. Schulz

© Oxford University Press, All rights reserved. Overview Introduction Torture in Western history How to make a torturer Case study: ticking bomb torture Putting an end to torture: new developments and high promise Conclusion

© Oxford University Press, All rights reserved. Introduction Torture can take many forms, and is one of the most common human rights violations Amnesty International reports that torture has been documented in more than 150 countries and it is widespread in more than 70 countries China, Russia, and the United States are among the countries where torture has been documented

© Oxford University Press, All rights reserved. Torture in Western history The ancient Greeks and Romans considered it appropriate to torture a slave (as opposed to a free citizen) in order to ascertain the truth about a criminal matter. In the medieval period torture was commonly used by legal authorities as efficient way of eliciting confessions. Gradually torture became prohibited throughout most of Europe. Coupled with codification of the laws of war and international humanitarian law, there appeared to be promise of a more civilized approach to international relations.

© Oxford University Press, All rights reserved. How to make a torturer Many regimes have transformed normal people into torturers by exposing them to brutal training. It is not difficult to convince individuals to become torturers - a standard process has been documented to work effectively. Torture requires a sense of impunity. Torture takes an immense toll on its victims but may also do damage to the mental health of its perpetrators. Certain social conditions may increase the likelihood of torture being practised.

© Oxford University Press, All rights reserved. Case study: ticking bomb torture Torture is often justified by its defenders by cost-benefit analysis: doing harm to one person in order to avoid harm to many more is a moral act. Opponents of the use of torture argue that the calculations are far more complicated. Israel has been one of the few countries that have regularly debated this issue in public. A key issue is whether torture may be legitimate under some circumstances or whether we should always regard it as illegal and require those who break the law to justify their actions.

© Oxford University Press, All rights reserved. Putting an end to torture: new developments and high promise Most countries now outlaw torture in most of its various forms. Major developments in international law lend encouragement to the hope that the frequency of torture may be reduced. In the United States the Alien Torts Claims Act has been used successfully by victims of torture to seek civil damages from their torturers. Ending torture requires ending impunity and punishing torturers for their crimes.

© Oxford University Press, All rights reserved. Conclusion Torture is a world-wide phenomenon that has been found in virtually every region of the world. The rationale for torture, is often a perceived need to obtain information but brutality has often been used for less “reputable” reasons as well. Some have argued that a ticking time bomb scenario may warrant the use of torture but the question is far more complex than it initially appears to be. Torture may best be combated by strictly enforced laws against it, cultural norms that forbid it and assurance that those who engage in it will pay a significant penalty.