This report aims to, in the first instance, define torture. It then examines the history of torture and looks at international law that relates to torture. The main part of the study analyses ethical theories in relation to torture and uses these ethical viewpoints to examine whether or not torture can be justified in any circumstances. In addition, the Algerian War and the Iraq War will be used as case studies to further discuss the ethical issues surrounding torture. Conclusions will be drawn and the author’s answer to the question ‘can the use of torture ever be justified?’ will be given, based on the findings in the rest of the report.
Limitations of Study
This study has its limitations. First of all, only two case studies are used. There are numerous cases of torture throughout the world and throughout history that could be utilised. In doing so, perhaps a different conclusion would be made.
As torture is such an emotive subject it is difficult to ensure that the facts are truly represented. Before the nineteenth century some countries publicly acknowledged torture as an instrument of judicial inquiry, however today the vast majority of countries where torture is practised will blankly deny any knowledge of it. This, of course, makes a study of torture difficult.
In addition, as will be seen, there are numerous, conflicting ethical theories that can be applied to the topic of torture. A person’s personal beliefs will influence how much credence they give to each viewpoint. Consequently, the author’s opinions are likely to differ from the reader’s.
Definition of Torture
Torture has a widely understood definition of causing someone severe pain or mental anguish, usually in order to gain some information from the person being tortured, most usually a confession.
Amnesty International state that ‘torture is the systematic and deliberate infliction of acute pain in any form by one person on another, in
Bibliography: 1. Almond, Brenda. (1998). Exploring ethics: a travellers tale, Bodmin: MPG Books. 2. Badiou, Alain. (2001). Ethics: an essay on the understanding of evil, London: Verso. 3. BBC News - French general on trial over Algeria (2001). 14th April 2005. Available from World Wide Web: http://news.bbc.co.uk/1/hi/world/europe/1675992.stm 4 5. British Red Cross (2004). 13th April 2005. Available from World Wide Web: http://www.redcross.org.uk/uploads/documents/info%20sheet%20-%20iraq%20november%202004.doc 6 7. Evans, Malcolm D. and Morgan, Red (1998). Preventing torture: a study of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, Oxford: Clarendon Press. 8. Gray, John, Benvenisti, Meron and Ehrenreich, Barbara. (2005). Abu Ghraib: The Politics of Torture, New York: North Atlantic Books. 9. Greenberg, Karen J., Dratel, Joshua L., and Lewis, Anthony. (2005). The Torture Papers: The Road to Abu Ghraib, Cambridge: Cambridge University Press. 10. Hoffman, Stanley. (1963). In Search of France, Cambridge: Harvard University Press. 11. Joly, Daniele. (1991). The French Communist Party and the Algerian War. London: Macmillan Press. 12. Kellaway, Jean. (2003). The History of Torture and Execution: From Early Civilization Through Medieval Times to the Present, London: Mercury Books. 13. Klayman, Barry M. (1978). The definition of torture in international law, v.51, London: Temple Law. 14. LaFollette, Hugh. (1999). Blackwell Guide to Ethical Theory, London: Blackwell Publishers. 15. Lee, Roger and Smith, David M. (2004). Geographies and moralities: international perspectives on justice, development and place, London: Blackwell Publishing. 16. Lovell, Alan and Fisher, Colin. (2002). Business Ethics and Values, London: FT Prentice Hall. 17. Maran, Rita. (1989). Torture: the role of ideology in the French-Algerian War, New York: Praeger Publishers. 18. Morgan, Rod and Evans, Malcolm. (1999). Protecting prisoners: the standards of the European Committee for the prevention of torture in context. Oxford: Oxford University Press. 19. Nacquet, Vidal. (1963). Torture, Cancer of Democracy, London: Penguin. 20. The Observer – British quizzed Iraqis at torture jail. (2004). 12th April 2005. Available from World Wide Web: 7http://observer.guardian.co.uk/uk_news/story/0,6903,1212769,00.html 21 22. Pojman, Louis. (1998). Deontological Ethics, Moral Philosophy, Indianapolis: Hackett Publishing Company. 23. Roy, Jules (1961). The War in Algeria, New York: Grove Press.