Transatlantic Divergences on Use of Torture in the "War on Terror"

Mgr. Lina Deng, M.A.

Master's thesis

Abstract:

The aim of this thesis is to present the divergences and the disputes between the US and the EU concerning use of torture in the war on terror as well as introduce the current academic debates on use of torture in the context of extreme circumstances. There are three research questions. The first is what are the causes for the resurrection of use of torture? The second is what are the issues of disputes and the underlying divergences between the US and the EU? The third question is what are the academic torture debates generated by the disputes and the lesson we can draw from? To answer the first question, the argument develops from the perception of terrorism threats under the impact of 9/11, which not only gave rise to the need of use of torture but also led to the loose rein on the law. Then the argument moves to the second question that the US’s redefining the meaning of torture, secret detention policy, practice of outsourcing torture and the enduring shame on Guantanamo are main issues of disputes, which are underpinned by the divergences over whether torture should be banned as well as whether we should sacrifice the human rights of “other” to protect ours. This facilitates the discussion of the third question. The torture debates reflect the perception of terrorism threats in some way, and some of the arguments like ticking bomb scenario, are very persuasive. However, the lesson drawn is that absolute ban should be put on use of torture however tempting it is. The resurgence of Taliban this year serves as a more persuasive reason to suggest that use of torture is not sustainable. Both of the EU and the US are the advocates of freedom and human rights, however, both have been tempted by use of torture, which sends a strong signal that torture should be banned, absolutely.

Abstract:

The aim of this thesis is to present the divergences and the disputes between the US and the EU concerning use of torture in the war on terror as well as introduce the current academic debates on use of torture in the context of extreme circumstances. There are three research questions. The first is what are the causes for the resurrection of use of torture? The second is what are the issues of disputes and the underlying divergences between the US and the EU? The third question is what are the academic torture debates generated by the disputes and the lesson we can draw from? To answer the first question, the argument develops from the perception of terrorism threats under the impact of 9/11, which not only gave rise to the need of use of torture but also led to the loose rein on the law. Then the argument moves to the second question that the US’s redefining the meaning of torture, secret detention policy, practice of outsourcing torture and the enduring shame on Guantanamo are main issues of disputes, which are underpinned by the divergences over whether torture should be banned as well as whether we should sacrifice the human rights of “other” to protect ours. This facilitates the discussion of the third question. The torture debates reflect the perception of terrorism threats in some way, and some of the arguments like ticking bomb scenario, are very persuasive. However, the lesson drawn is that absolute ban should be put on use of torture however tempting it is. The resurgence of Taliban this year serves as a more persuasive reason to suggest that use of torture is not sustainable. Both of the EU and the US are the advocates of freedom and human rights, however, both have been tempted by use of torture, which sends a strong signal that torture should be banned, absolutely.

Keywords

terrorism, torture, war on terror, EU, US, Guantanamo, Human rights, “black sites”, torture debates, absolute ban, limited permissibility

Language used: English

Date on which the thesis was submitted / produced: 10. 5. 2012

Thesis defence

• Date of defence: 5. 6. 2012
• Supervisor: Mgr. Hubert Smekal, Ph.D.
• Reader: JUDr. Mgr. Ivo Pospíšil, Ph.D.

Masaryk University

Faculty of Social Studies

Master programme / field:
Political Science / European Politics (Eng.)