(108) This includes the previously mentioned 1999 ruling of the Israeli Supreme Court, (109) which, while prohibiting "physical pressure" in interrogations, held that interrogators who employ it in "exceptional circumstances" might be exempt from criminal responsibility under the "necessity defense." (110) The legalism" (111) of the Israeli occupation has played a major part in making the torture of Palestinians possible," (112) and indeed hundreds of sworn affidavits collected from Palestinian detainees since the Supreme Court's ruling indicate the persistence of interrogational
torture and abuse.
Yet he also recognizes that interrogational
torture for intelligence gathering purposes is at least initially consistent with liberal rationality.
The subject of judicial or interrogational
torture is "broken" when, and only when, he has become so distraught, so unable to bear any more suffering, that he can no longer resist any request the torturer might make.
Obviously, Justice Jackson was not referring to physical force when he used the word coercion but perhaps to the interrogational
(198) For a lengthier discussion of references to interrogational
torture in early discussions of the Eighth Amendment, see Celia Rumann, Tortured History: Finding Our Way Back to the Lost Origins of the Eighth Amendment, 31 PEPP.
It is important as an analysis of some of the least-discussed dilemmas related to warfare: the ethics of battlefield medical triage, the role of physicians in interrogational
torture, weapons research, and peacemaking.
This Note focuses on instances in which the United States has transferred suspected terrorists to countries that practice interrogational
For an illuminating philosophical account of the harms of torture, that discusses the interrogational
situation in considerable depth, see David Sussman, "What's Wrong with Torture?" Philosophy & Public Affairs 33, no.
This is the hard problem of interrogational
torture, and it often draws medical personnel into its web." But the decision is "hard" only if one rejects international humanitarian and human rights law, which holds that torture so deeply infringes on human dignity that it can never be justified, even in times of national emergency.
(57) Professor Daniel Stetman, a well-respected scholar on torture, asserts that there is a difference between terrorist torture and interrogational
Reinforcing Miyazawa's concerns are the interrogational
powers available to police and prosecutors.
On the positive side one can see the engager/confronter split as an example of a good cop-bad cop interrogational
strategy in which the confronters push MNCs to put human rights onto their agendas by means of stigmatization and economic pressure, while the engagers pull them further toward corporate social responsibility by means of ethical and prudential reasoning.