Combating International Terrorism & Torture on Suspected Terrorists in the Form of ‘Enhanced Interrogation Techniques’: Is It Justified Under IHL & IL Discourse
- November 14, 2018
- Posted by: RSIS
- Category: Law
International Journal of Research and Innovation in Social Science (IJRISS) | Volume II, Issue XI, November 2018 | ISSN 2454–6186
Nighat Nazir
Law Department, International Islamic University Islamabad, Pakistan
Abstract: – U.S. counterterrorism operations are being carried out on an unprecedented scale. After the terrorist attacks of 9/11, the US administration declared a worldwide war on terrorism, involving open and covert military operations, new security legislation, efforts to block the financing of terrorism, and more. Criticism of the ‘War on Terror’ addresses the moral grounds, fiscal efficiency as well as other issues pertaining to the war. Even the phrase ‘War on Terror’ itself is labeled as a misnomer. The notion of war has proven highly contentious, with critics charging that participating States exploited it to pursue long-standing policy and military objectives and jeopardize civil liberties, thereby violating obligations under the Geneva Conventions and other international instruments. The U.S government is accused of deliberately choosing Guantánamo as its prison place because it believes that foreign citizens detained there will be outside the domain of U.S. law and international obligations under various international instruments. The Article will narrate the basic concept of torture and its prohibition under international law. It also highlights the enhanced interrogation techniques used by CIA on the detainees, though the US Government banned these techniques 10 years ago. It will also demonstrate that utilitarianism does not support the use of torture in any circumstances, not only because another method of interrogation is more effective, but also because the practice of interrogational torture undermines individual security. Finally, it concludes that utilitarianism demands the absolute prohibition of torture. A detailed analysis of the International law and international human rights instruments expounds that the US must provide fair trials in Courts to all terrorism suspects, ensure accountability of any violation of human rights and bring all national security policies in line with its obligations under International law.
