The Torture Debate in America

doi:10.1017/CBO9780511511110

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As a result of the work assembling the documents, memoranda, and reports that constitute the material in The Torture Papers the question of the rationale behind the Bush administration's decision to condone the use of coercive interrogation techniques in the interrogation of detainees suspected of terrorist connections was raised. The condoned use of torture in any society is questionable but its use by the United States, a liberal democracy that champions human rights and is a party to international conventions forbidding torture, has sparked an intense debate within America. The Torture Debate in America captures these arguments with essays from individuals in different discipines. This volume is divided into two sections with essays covering all sides of the argument from those who embrace absolute prohibition of torture to those who see it as a viable option in the war on terror and with documents complementing the essays.

"With this superb collection of documents, we can begin to see the contours of our new post 9-11 world." The Washington Post on The Torture Papers

"...a block of granite on the path of any forgetfulness. The book is a true public service, compiled by two U.S. lawyers, which brings the whole twisted story into the public domain, and let us hope into every library and many personal hands." Toronto Globe

"an excellent and thorough introduction ot the legal and institutional arrangements of the contemporary minority rights regime in the Western world. A great value of that book is precisely that it positions questions of minority rights and self-determination right in the analytical propinquity to democracy, and as such it manages to address an important lacuna within the rights-oriented literature of today." - Andrew Goldmsith, Law and Politics Review

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Frontmatter
pp i-iv
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Contents
pp v-viii
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Acknowledgments
pp ix-x
- By Karen J. Greenberg, Executive Director of the Center on Law and Security, New York University School of Law
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List of Contributors
pp xi-xviii
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Introduction: The Rule of Law Finds Its Golem: Judicial Torture Then and Now
pp 1-10
- By Karen J. Greenberg, Executive Director of the Center on Law and Security, New York University School of Law
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THE ISSUES
pp 11-12
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Torture: The Road to Abu Ghraib and Beyond
pp 13-32
- By Burt Neuborne, John Norton Pomeroy Professor of Law, NYU School of Law; Legal Director, Brennan Center for Justice, Dana Priest, Analyst, NBC News, Anthony Lewis, John Norton Pomeroy Professor of Law, NYU School of Law, Joshua Dratel, Practicing Attorney, New York City; President, New York State Association of Criminal Defense Lawyers, Major Michael (Dan) Mori, Military Defense Counsel, United States Marine Corps, Stephen Gillers, Professor of Law, New York University School of Law
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ESSAYS
pp 33-34
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Section One: Democracy, Terror and Torture
pp 35-35
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1 - Liberalism, Torture, and the Ticking Bomb
pp 35-83
- By David Luban, Frederick J. Haas Professor of Law and Philosophy, Georgetown Law School
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2 - How to Interrogate Terrorists
pp 84-97
- By Heather MacDonald, John M. Olin Fellow, Manhattan Institute; Contributing editor to City Journal
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3 - Torture: Thinking about the Unthinkable
pp 98-110
- By Andrew C. McCarthy, Senior Fellow, Foundation for the Defense of Democracies
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4 - The Curious Debate
pp 111-117
- By Joshua Dratel, Practicing Attorney, New York City; President, New York State Association of Criminal Defense Lawyers
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5 - Is Defiance of Law a Proof of Success? Magical Thinking in the War on Terror
pp 118-135
- By Stephen Holmes, Walter E. Meyer Professor of Law, NYU School of Law
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6 - Through a Mirror, Darkly: Applying the Geneva Conventions to “A New Kind of Warfare”
pp 136-150
- By Scott Horton, Adjunct Professor, Columbia University School of Law; Chairs, Committee on International Law of the Association of the Bar of the City of New York
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7 - Speaking Law to Power: Lawyers and Torture
pp 151-161
- By Richard B. Bilder, Foley & Lardner-Bascom Emeritus Professor of Law, University of Wisconsin-Madison, Detlev F. Vagts, Bemis Professor of International Law, Harvard Law School
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8 - Torture: An Interreligious Debate
pp 162-182
- By Joyce S. Dubensky, Executive Director, Tanenbaum Center for Interreligious Understanding, Rachel Lavery, Religious Affairs Researcher, Tanenbaum Center for Interreligious Understanding; J.D. candidate, Benjamin N. Cardozo School of Law of Yeshiva University
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Section Two: On the Matter of Failed States, The Geneva Conventions, and International Law
pp 183-183
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9 - Unwise Counsel: The War on Terrorism and the Criminal Mistreatment of Detainees in U.S. Custody
pp 183-202
- By David W. Bowker, Counsel, International Litigation Group, Wilmer Cutler Pickering Hale and Dorr LLP, New York; Adjunct Professor, Benjamin N. Cardozo School of Law
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10 - Rethinking the Geneva Conventions
pp 203-213
- By Lee A. Casey, Partner, Baker & Hostetler LLP; Expert Member, United Nations Sub-Commission on the Promotion and Protection of Human Rights, David B. Rivkin, Jr., Partner, Baker & Hostetler LLP, Washington, D.C.; Visiting Fellow, Nixon Center, Member of the UN Sub-Commission on the Promotion and Protection of Human Rights
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11 - If Afghanistan Has Failed, Then Afghanistan Is Dead: “Failed States” and the Inappropriate Substitution of Legal Conclusion for Political Description
pp 214-222
- By David D. Caron, C. William Maxeiner Distinguished Professor of Law, Boalt Hall School of Law at the University of California, Berkeley; Member, Precedent Panel of the U.N. Compensation Commission; Member, Department of State Advisory Committee on Public International Law
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12 - War Not Crime
pp 223-228
- By William H. Taft IV, Counsel Resident, Law Firm of Fried Frank, Harris, Shriver & Jacobson LLP, Washington D.C.
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Section Three: On Torture
pp 229-229
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13 - Legal Ethics and Other Perspectives
pp 229-235
- By Jeffrey K. Shapiro, Lawyer, Washington, D.C.
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14 - Legal Ethics: A Debate
pp 236-240
- By Stephen Gillers, Professor of Law, New York University School of Law
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15 - The Lawyers Know Sin: Complicity in Torture
pp 241-246
- By Christopher Kutz, Professor of Law in the Jurisprudence and Social Policy Program, Boalt Hall School of Law, U.C. Berkeley
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16 - Renouncing Torture
pp 247-252
- By Michael C. Dorf, Michael I. Sovern Professor of Law, Columbia University
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17 - Reconciling Torture with Democracy
pp 253-255
- By Deborah Pearlstein, Director of the U.S. Law and Security Program, Human Rights First; Visiting Lecturer in Human Rights and National Security, Stanford Law School
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18 - Great Nations and Torture
pp 256-260
- By M. Cherif Bassiouni, Distinguished Research Professor of Law, DePaul University College of Law; President, International Human Rights Law Institute; President, International Institute of Higher Studies in Criminal Sciences in Siracusa
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Section Four: Looking Forward
pp 261-261
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