Interrogation and Torture: Integrating Efficacy with Law and Morality

by Steven J. Barela (Editor), Mark Fallon (Editor), Gloria Gaggioli (Editor), Jens David Ohlin (Editor)

Overview

This volume addresses interrogation and torture at a unique moment. Emerging scientific research reveals non-coercive methods to be the most effective interrogation techniques. And efforts are now being made to integrate this science and practice into international law and global policing initiatives. Contributors present cutting-edge research on non-coercive interrogation techniques and show how this knowledge is brought to bear on the realm of international law. Such advancements have the potential to transform the conversation on interrogation and torture in many disciplines, and the contributions in this edited volume are meant to spark those discussions. Moreover, this book can serve as a guide for policymakers who seek lawful, ethical, human-rights compliant--and the most effective--methods to obtain reliable information from those perceived to pose a threat to public safety. To achieve these aims the editors have brought together highly experienced practitioners and leading scholars in law, philosophy, psychology, neuroscience, social science, national security, and government.

Product Details

ISBN-13:	9780190097547
Publisher:	Oxford University Press
Publication date:	12/12/2019
Series:	Ethics, National Security, and Rule Law
Sold by:	Barnes & Noble
Format:	eBook
Pages:	504
File size:	1 MB

About the Author

Steven J. Barela is a Research and Teaching Fellow at the University of Geneva in the Global Studies Institute and a member of the Law Faculty. He specializes in interdisciplinary scholarship with a monograph on counterterrorism and an edited book on armed drones. Mark Fallon is a national security expert, international security consultant, and counterterrorism specialist. His government service spans more than three decades with positions including NCIS Deputy Assistant Director for Counterterrorism and Senior Executive within the Department of Homeland Security. Gloria Gaggioli is Swiss National Science Foundation Professor at the University of Geneva. She specializes in public international law, and more specifically, international humanitarian law and human rights law. Jens David Ohlin is Vice Dean and Professor of Law at Cornell Law School. He specializes in international law and all aspects of criminal law, including domestic, comparative, and international criminal law.

Table of Contents

Foreword Nils Melzer, UN Special Rapporteur on Torture Acknowledgments List of Contributors List of Abbreviations Table of Cases Table of Treaties, Resolutions and Other Relevant Documents Introduction: Legal, Moral and Effective Interrogation . Steven J. Barela . Jens David Ohlin Part I. Identifying Torture 1. Defining Torture and the Obligation of Systematic Review in the CAT Treaty . Manfred Nowak . Giuliana Monina 2. Personality Disruption as Mental Torture: The CIA, Interrogational Abuse, and the U.S. Torture Act . David Luban . Katherine S. Newell 3. The Field of Torture Today: Ten Years On from Torture and Democracy . Darius Rejali Part II. The Emergent Science and Effective Practice of Interrogation 4. The HIG Project: The Road to Scientific Research on Interrogation . Mark Fallon . Susan E. Brandon 5. Developing Rapport and Trust in the Interrogative Context: An Empirically-Supported Alternative . Laure Brimbal . Colonel Steven M. Kleinman (Ret.) . Simon Oleszkiewicz . Christian A. Meissner 6. Investigative Interviewing: From England to Norway and Beyond . Ray Bull . o Asbjørn Rachlew 7. Interrogating the Brain: Torture and the Neuroscience of Humane Interrogation . Shane O'Mara Part III. Strains on Professionals and Professionalism 8. Professional Standards in the Aftermath of Torture: The Struggles of the American Psychological Association . Stephen Soldz . Steven Reisner 9. What Can Be Asked of Interrogators? . Michael Skerker 10. Beyond Ethics on the Sly: The Behavioral Sciences&National-Security Interrogation . M. Gregg Bloche Part IV. Reviewing Legal Efforts to Constrain Torture 11. Cycles of Compulsion: Efficacy and Legality in the History of Israeli Torture Debates and Practice . Karin Loevy 12. A Qualified Defense of the Obama Administration's Record on Torture . John T. Parry 13. Unmasking the Challenges: Interrogation and International Law . Gloria Gaggioli . Pavle Kilibarda Part V. A Fresh View on Enduring Moral Debates 14. Torture, Dignity and the Rule of Law . J.M. Bernstein 15. Justifying Too Much: Utilitarianism as a Moral Theory . Bob Brecher 16. Reclaiming Bentham on Torture . Steven J. Barela Part VI. What is the Future of Interrogation/Interviewing? 17. Preventing Torture: What Works? . Mark Thomson . Barbara Bernath 18. Repairing the Damage from Illegal Acts of State: The Costs of Failed Accountability for Torture . Claire Finkelstein . Brigadier General Steve Xenakis, M.D.(Ret.) 19. Drinking from a Poisoned Chalice: A Portrait of the U.S. Military Commissions at Guantánamo . Brigadier General John G. Baker . Mary E. Spears . Katherine S. Newell 20. Setting Universal Standards for Non-Coercive Interviews and Associated Safeguards . Juan E. Méndez . Andra Nicolescu Afterword: The Corrosive Strategic Legacy of Torture Alberto Mora

Editorial Reviews

"As a guide to the most up-to-date thinking on the science and ethics of interrogation, this book is a highly valuable contribution. Given its wide disciplinary range and substantive breadth, it holds novel and illuminating insights for even the most well-read torture researcher." — Mark Berlin, Ethics and International Affairs

"Interrogation and Torture is an important step in the right direction." — Marie Steinbrecher, Human Rights Review

"Interrogation and Torture is a crucial and compelling contribution to the global fight against torture, arriving at a time when the acceptance of torture-incredibly-seems to be on the rise in some important quarters. Among the remarkable contingent of 36 contributors from 14 different countries, you will notably find the current, and two former, UN Special Rapporteurs on Torture. And perhaps most significantly, I believe this invaluable book can help build a historic bridge between the human rights and law enforcement communities. Sometimes assumed to be adversarial, this book proves that their logics are remarkably similar when it comes to effective interrogation." — Andrew Gilmour, Assistant Secretary-General for Human Rights, United Nations OHCHR

"Criminal investigators are the purveyors of truth-the core objective of any interview or interrogation. The talented team of contributions in this book provide unprecedented clarity on this matter to those seeking to protect national security and the public safety. In doing so they offer sound guidance to improve the practice of obtaining accurate and reliable information, ensuring that those who employ the methods adhere to a code of ethics, integrity, and the law." — David Brant, Former Director of the U.S. Naval Criminal Investigative Service (NCIS)

"The chapters found in this genuine page-turner offer valuable programs of action: the science presented by researchers and practitioners plainly guides us toward rapport-based interrogation because of its efficacy; international law experts call for a standard-setting instrument for non-coercive interviews; military professionals warn of grave strategic consequences for torture policy; and psychologists propose a Truth Commission to rescue their profession. Citizen readers of this book will become informed of significant developments on interrogation crucial to public policy, and the ultimate implementation of these insights will depend on self-aware and inquiring patriots." — Jean Maria Arrigo, Social Psychologist, Recipient of the 2015 AAAS Award for Scientific Freedom and Responsibility

"Of special interest here to practitioners are the chapters on the science behind what really produces reliable information-and why torture extracts only lies and faulty memories. If knowledge is a light, it is one this book lifts high, showing us the way home over dark and troubled waters." — Lt. Col. Douglas A. Pryer, US Army (Ret.)

"We have been in space, we can make the blind see, and we save our photos in clouds, but we don't stop torture. We know torture is illegal and immoral, and now the emergent science shows it to be ineffective. Interrogation and Torture takes you through a dim and scary landscape, but the guides-the contributors to the volume-navigate well. The darker it is, the clearer they see. I strongly recommend this book-it's out of the ordinary; it's about life and death." — Pär Anders Granhag, Professor of Psychology, University of Gothenburg

From the Publisher