Torture Is It Right or Wrong

Torture Is it Right Or Wrong

Since September 11, 2001 terrorist attacks, a number of things have changed around the United States regarding how people view and feel about the rest of the world. The terrorist attacks opened many eyes because of the acts that were committed on that day had not taken place on American territory since Pearl Harbor. In addition to the many lives that were changed and altered, people lost family members moms, dads, sons and daughters were all gone. The loved ones who were left behind along with the rest of the United States of America wanted nothing more than for the people who were behind the attacks to be held responsible. In order to prevent the attacks from happening again and getting justice the United States waged the Global War on Terror. While conducting the war the United States came across suspects who had information regarding terrorist activity. These suspects were not willing to cooperate and give up the information voluntarily. This caused the United States to go to other means in order to get the answers and information they needed. This other technique would be the use of torture. Up until this point the United States along with the United Nations were opposed to the use of torture.

The Geneva Conventions was created in order to protect the welfare of soldiers during war, specifically the ones who were captured by the enemy. "The relevant international conventions that were in force at the time of the Vietnam War were the Third and Fourth Geneva conventions of 1949, which were revisions of the Geneva Convention of 1929. Both 1949 conventions specifically prohibited torture, but their language was still not clear about what acts did and did not constitute torture. The Third Geneva Convention (Convention III) addressed the treatment of prisoners of war (POWs). The Fourth Geneva Convention (Convention IV) addressed the protection of civilians under military occupation or otherwise in the hands of an enemy during time of war. Both conventions were in force during the French and American phases of the Vietnam War, and France and the United States were original signatories to both. The Republic of Vietnam (RVN, South Vietnam) signed the convention in 1957" (Torture 2009). These soldiers would be known as prisoners of war. There are now four Geneva Conventions. They cover armed forces on land and at sea, prisoners of war, and civilians. Each of them has been accepted by almost every State in the world. While in custody of the enemy the prisoner under the Geneva Convention must be "treated humanely with respect for their persons and their honor, allowed to correspond regularly with relatives and to receive relief parcels, supplied with adequate food and clothing, given the medical care their state of health demands, and quickly released and repatriated when hostilities cease"(Geneva convention). While prisoners of war are not to be "given individual privileges other than for reasons of health, sex, age, military rank or professional qualifications, held in close confinement except for breaches of the law, although their liberty can be restricted for security reasons, compelled to give any information other than their name, age, rank and service number"(Geneva convention). The issue with the War on Terrorism was the war was not against another state but a group of people who did not abide by or respect the rules of the Geneva Convention. Terrorist hide themselves among civilians while also creating training camps in areas people would not think to visit or come.

Torture is the practice or act of deliberately inflicting severe physical pain and possibly injury on a person, though psychological and animal torture exists. Torture has been carried out or sanctioned by individuals, groups and states throughout history from ancient times to modern day, and forms of torture can vary greatly in duration from only a few minutes to several days or even longer. Reasons for torture can include punishment, revenge, political re-education, deterrence, interrogation or coercion of the victim or a third party, or simply the sadistic gratification of those carrying out or observing the torture. The use of torture has not been banned as long as some may think. "The adoption of the Universal Declaration of Human Rights in 1948 marks the recognition at least nominally of a general ban of torture by all UN member states. Its effect in practice is limited, however, as the Declaration is not ratified officially and does not have legally binding character in international law, but is rather considered part of customary international law". Historically torture was allowed by some states, torture in the 21st century is prohibited under international law and the domestic laws of most countries. It is considered a violation of human rights, and is declared unacceptable. "Signatories of the Third Geneva Convention and Fourth Geneva Convention officially agree not to torture prisoners in armed conflicts. Torture is also prohibited by the United Nations Convention Against Torture, which has been ratified by 147 countries" (Schultz 2009).

Sometimes in torture, a person will make the claim that torture in wartime, that torture is an act of war and is just like killing someone during battle while in war. Some would consider this morally justifiable act based on both Just War theory and the principles of self-defense. Under the Just War Theory, a war is just only if it is defensive and meets four strict conditions. The requirements are: "that the damage inflicted by the aggressor must be lasting, grave and certain; that there must be serious prospects of success; that all other means of ending the war must be shown to be impractical or ineffective; and that the use of force cannot produce evils graver than those to be eliminated"(Just War Theory 1999).

There has been a number of accusations made against the United States and there use of torture as an interrogation method in order to get information regarding the Global War on Terror. "Beginning in 2004, human rights violations in the form of physical, psychological, and sexual abuse, including torture, reports of rape, sodomy, and homicide of prisoners held in the Abu Ghraib prison in Iraq (also known as Baghdad Correctional Facility) came to public attention. These acts were committed by the United States Army military police personnel as well as with additional US governmental agencies" (Mayer 2005). The prisoner Manadel al-Jamadi died in Abu Ghraib prison after being interrogated and tortured by a CIA officer and a private contractor. "The torture included physical violence and strapped hanging, whereby the victim is hung from the wrists with the hands tied behind the back. His death has been labeled a homicide by the US military, but neither of the two men who caused