Are Torture Warrants Warranted? Pragmatic Absolutism and Official Disobedience

Oren Gross

Minnesota law review · 2004 · 27 citations · 0 references

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Abstract

Torture is prohibited by law throughout the United States.It is categorically denounced as a matter of policy and as a tool of state authority.Every act constituting torture under the [Convention Against Torture] constitutes a criminal offense under the law of the United States.No official of the government, federal, state or local, civilian or military, is authorized to commit or to instruct anyone else to commit torture.Nor may any official condone or tolerate torture in any form.No exceptional circumstances may be invoked as a justification of torture.U.S. law contains no provision permitting otherwise prohibited acts of torture or other cruel, inhuman or degrading treatment or punishment to be employed on grounds of exigent circumstances (for example, during a 'state of public emergency') .... 1 "[Tihe methods of police interrogation which are employed in any given regime are a faithful mirror of the character of the entire regime ....