Sung accomplishes the refutation by the simple means of refusing to allow Dershowitz to stand on his assumptions of what permits so radical a circumstance. For example, Sung directly addresses Dershowitz's claim that terrorists are not implicitly owed protection of human dignity rights by virtue of their activities. Dershowitz does make a compelling argument for this but, as Sung points out, he is not actually enabled to take such a position because the Fifth and Fourteenth Amendments have already made that decision (Sung 202). Due process is built into the law to protect all, and deliberately so; Sung implies, in fact, that the protections are likely in place to avert just such extreme eventualities. Then, Sung challenges the use of judicial warrants as an inherently contrary action, aside from the fundamental illegality. To legally warrant torture is, in Sung's view, to "legitimize" the practice, and this is clearly a catastrophic course for a nation founded on principles of personal liberty and human rights. As Sung avers, any sanctioned use of torture by the United States must effectively eviscerate the nation's global standing.
Works Cited
Sung, C. "Torturing the Ticking Bomb Terrorist: An Analysis of Judicially Sanctioned Torture in the Context of Terrorism." Boston College Third World law Journal 23:1 (2003): 193-212.
Print.
Dershowitz, A. "The Torture Warrant: A Response to Professor Strauss." New York Law School
Review 48 (2003): 275-294. Print.
Global Trends and National Security The National Intelligence Council's 2008 report Global Trends 2025: A Transformed World attempts to provide policymakers with a summary of the probable, possible, and plausible changes most likely to affect global governance and stability over the course of the next decade and a half. The report covers a wide range of topics, but perhaps the most salient predictions included in the report, which ultimately serve to
Technology and national security / privacy issues / Edward snowden The massive 9/11 attacks revealed some obvious flaws in our security system. Terrorists not only managed to slip through the immigration and airports but also managed to live, train and plan within the United States for many years. The resulting fear of other terrorist groups who might have been living and training in U.S. were justifiable. In this regard, congress came
Wikileaks "If I had to choose between government without newspapers, and newspapers without government, I wouldn't hesitate to choose the newspapers." Thomas Jefferson Founded in 2006, WikiLeaks is a non-profit organization that publishes submissions of private, secret, and classified media from anonymous news sources and news leaks. Recently, the site has been responsible for publishing a multitude of military intelligence as well as diplomatic cables. For example, the Wikileaks Iraq War Logs showed
Torture The use of non-lethal torture in interrogating possible criminals has always been an area of debate. It wasn't hot topic when the terrorist activities were kept at a down low in the nineties. However, following nine eleven and the surge of terrorists, it became necessary to be aware of the activities they were up to. The major debate lies in the fact that whether a known terrorist should be subjected
Torture and the Ticking Time-Bomb The Definition of Torture In 1984, the United Nations General Assembly produced an advisory measure known as the United Nations Convention Against Torture. This document specifically addressed torture from the perspective of governments and states, while it also focuses on the use of torture by any individual acting in an official capacity for said state or government. The document also addressed other forms of 'cruel and inhumane
This is because, most suspects will more than likely only begin talking after they have been subject to extreme amounts of pressure. Evidence of this can be seen with Danner writing, "American officials acknowledged that such techniques were recently applied as a part of the interrogation of Abu Zubaydah, the highest ranking Al Qaeda operative in custody until the capture of Mr. Mohamed. Painkillers were withheld from Zubaydah, who
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now