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The United States of America has historically been regarded as a moral leader opening the pathway for human rights. The country which has long struggled for the establishment of the rule of law u as well as to a model for the other nations in observing it u has, since 11 September 2001 committed abhorrent practices of torture against which it has fought when committed by others. What seems astonishing is that such practices took place in the U.S. within a climate of significant public indifference and even with some public support. The Bush administration assumed neither moral nor legal responsibility, and in the end, it is hard-put to show what positive results may have been obtained for so many transgressions. In addition, the proposition that torture prevents terrorism cannot be proven true.
The Guantsnamo Bay practices and the unlawful seizure of persons in different parts of the world by the CIA after which they are transferred to countries where they are tortured, have proven that reliable evidence is highly unlikely to be attained under torture. Guantsnamo represents a failed policy that has done much damage to the moral authority of the United States.
Aberrant views of torture as necessary because "the ends justify the means" have not generated much negative reaction from the legal profession, despite the fact that the 1984 Convention against Torture, the Geneva Conventions, the U.S. Constitution, and the laws of the United States have clearly prohibited such practices. Are the events of September 11, 2001 enough to have us reopen the question of whether the medieval practice of torture should be allowed? The answer to these questions has to be a resounding and unqualified no. The U.S. must, therefore, take quick and confident action to make amends and to hold responsible those who promoted a policy of torture.
The Guantsnamo Bay practices and the unlawful seizure of persons in different parts of the world by the CIA after which they are transferred to countries where they are tortured, have proven that reliable evidence is highly unlikely to be attained under torture. Guantsnamo represents a failed policy that has done much damage to the moral authority of the United States.
Aberrant views of torture as necessary because "the ends justify the means" have not generated much negative reaction from the legal profession, despite the fact that the 1984 Convention against Torture, the Geneva Conventions, the U.S. Constitution, and the laws of the United States have clearly prohibited such practices. Are the events of September 11, 2001 enough to have us reopen the question of whether the medieval practice of torture should be allowed? The answer to these questions has to be a resounding and unqualified no. The U.S. must, therefore, take quick and confident action to make amends and to hold responsible those who promoted a policy of torture.
作者簡介
M. Cherif Bassiouni is emeritus professor of law at DePaul University, where he taught since 1964, and president emeritus of the International Human Rights Law Institute, which he helped found in 1990. He was one of the founders in 1972 of the International Institute of Higher Studies in Criminal Sciences, Siracusa, Italy, and served as its president since 1988. He is the honorary president of the International Association of Penal Law after having served three terms as president from 1989 to 2004. He was a guest scholar at The Woodrow Wilson International Center for Scholars in Washington, D.C. in 1972, visiting professor of law, New York University Law School in 1971, Fulbright-Hays Professor of International Criminal Law, The University of Freiburg, Germany in 1970, non-resident professor of criminal law at the University of Cairo from 1996 to 2006, and is a frequent lecturer at universities in the United States and abroad. His legal education was in Egypt, France, Switzerland and the United States where he received the following degrees: LLB University of Cairo; JD Indiana University; LLM John Marshall Law School; SJD George Washington University. In addition, he received several honorary degrees from: Doctor of Law honoris causa University of Ghent, Ghent, Belgium (2011); Case Western Reserve University, USA (LLD) (2010); Catholic Theological Union, USA (Doctor of Humane Letters) (2009); National University of Ireland, Galway, Ireland (LLD) (2001); Niagara University, USA (LLD) (1997); Docteur dEtat en Droit honoris causa, University of Pau, France (1986); Dottore in Giurisprudenza honoris causa, University of Torino, Italy (1981).
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