On February 29 and March 1, the Law School hosted an extraordinary conference devoted to the topic “Torture, Law, and War: What
are the moral and legal boundaries on the use of coercion in
interrogation?” The conference, which was sponsored by the Law and Philosophy Workshop with assistance from the Center for Comparative Constitutionalism, showcased the interdisciplinarity for which a Chicago legal education is renowned. Participants looked at the central question from the perspective of a wide range of fields, from law and public policy to psychology and history. Speakers included scholars from a dozen universities as well as the Law School's own Adam Samaha, Susan Bandes, Richard McAdams, Martha Nussbaum, Geoffrey Stone, Scott Anderson, and Eric Posner.
The conference keynote speaker was Justice Albie Sachs of the Constitutional Court of South Africa (pictured above). His talk, “Four tales of terrorism,” gave a first-hand account of his own torture by South African security forces and his brush with death when they attempted to assassinate him with a car bomb. It also described the principles behind the rejection of torture and capital punishment by the ANC, both before and after coming to power in South Africa. His talk discussed at some length four instances of terrorism, and the responses that courts and political leaders in South Africa made to them. Through these, he argued for the importance of adhering to the rule of law, including a refusal to resort to capital punishment, and also for the possibility of reconciliation with those who have previously used torture and terrorism against oneself and one’s own side in political struggles.
Audio and video of the keynote address, along with the other panels of the conference, are now available on the conference web page.
Did all this multiple perspective interdisciplinarity include anyone with any military or law enforcement experience? It seems to me until you've had some men under your command killed and dealt with a terrorist scumbag face-to-face trying to figure out where his comrades are, you are missing out on some essential information (or at least one essential perspective) in making sense of torture and military policy.
Incidentally, I am not for torture. I put my opposition to it on the same level as my opposition to the Rural Electrification Program or some other minor nuisace that has a de minimis impact on my life.
Posted by: Roach | May 01, 2008 at 09:17 AM
"the rejection of torture and capital punishment by the ANC"?
Good grief.
Necklacing ... refers to the practice of summary execution carried out by forcing a rubber tire, filled with gasoline, around a victim's chest and arms, and setting it on fire.....
The practice became a common method of lethal lynching during disturbances in South Africa in the 1980s and 1990s. ...The practice was frequently carried out in the name of the African National Congress (ANC), and was even interpreted to have been implicitly endorsed by Winnie Mandela[1], then-wife of the imprisoned Nelson Mandela and a senior member of the ANC, although the ANC officially condemned the practice.[2]
http://en.wikipedia.org/wiki/Necklacing
Posted by: Eric Rasmusen | May 13, 2008 at 03:33 PM