Contesting Torture

This edited volume seeks to contest prevailing assumptions about torture and to consider why, despite its illegality, torture continues to be widely employed and misrepresented. The resurgence of torture and public justifications of it led to the central questions that this inter-disciplinary volume seeks to address: How is it possible for torture to be practiced when it is legally prohibited? What kinds of moves do agents make that render torture palatable? Why do so many ignore the evidence that torture is ineffective as an intelligence-gathering technique? Who are the victims of torture? The various contributors in the book look to history, the practices of interrogators, artistic representations, documentary films, rendition policies, political campaigns, diplomatic discourses, international legal rules, refugee practices, and cultural representations of death and the body to illuminate how torture becomes permissible. Building from the personal to the communal, and from the practical to the conceptual, the volume reflects the multivalence of torture itself. This framework enables readers at all levels better appreciate how and why torture is open to so many interpretations and applications. This book will be of much interest to students of International Relations, Security Studies, Terrorism Studies, Ethics, and International Legal Studies.

Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- Acknowledgements -- Introduction -- 1 Abolishing torture -- 2 The taboo and the fear of regression -- 3 The Nuremburg Trials and the Universal Declaration -- 4 Decolonisation and the UN Convention Against Torture -- 5 The politics of the definition of torture -- 6 Torture and the 'war on terror' -- Conclusion -- Index

How does a nation come to terms with losing a war—especially an overseas war whose purpose is fervently contested? In the years after the war, how does such a nation construct and reconstruct its identity and values? For the French in Indochina, the stunning defeat at Dien Bien Phu ushered in the violent process of decolonization and a fraught reckoning with a colonial past. Contesting Indochina is the first in-depth study of the competing and intertwined narratives of the Indochina War. It analyzes the layers of French remembrance, focusing on state-sponsored commemoration, veterans’ associations, special-interest groups, intellectuals, films, and heated public disputes. These narratives constitute the ideological battleground for contesting the legacies of colonialism, decolonization, the Cold War, and France’s changing global status.

Creates a new space for hybrid feminist analysis of Asian Muslim women’s lives. Contesting Feminisms explores how Asian Muslim women make decisions on appropriating Islam and Islamic lifestyles through their own participation in the faith. The contributors highlight the fact that secularism has provided the space for some women to reclaim their religious identity and their own feminisms. Through compelling case studies and theoretical discussions, this volume challenges mainstream Western and national feminisms that presume homogeneity of Muslim women’s lives to provide a deeper understanding of the multiple realities of feminism in Muslim communities. “Contesting Feminisms attempts to offer nuanced understandings of Muslim women’s struggles that are firmly rooted in close attention to local social, economic, and historical contexts with an eye to opening up theoretical spaces in which to examine local and transnational feminist Muslim activism. As such, the volume offers rich insights into women’s lives and struggles in moving away from the reductionist frame of a strictly Qur’anic view of women that is mobilized by both Western detractors and Islamic normativizers to constrain women’s agency, and instead brings into view the heterogeneity of Muslim women’s lives and struggles.” — Zayn Kassam, editor of Women and Islam

The prohibition of torture and other cruel, inhuman, degrading treatment or punishment has a special status. It is the foremost international human rights norm protecting persons from attacks on their dignity and integrity. Consequently, it has been at the forefront of a series of developments in international human rights law and international law more broadly. Having withstood sustained challenges to its absolute nature in the 'war on terror', it has broadened its scope of application, becoming more sophisticated and complex in the process. The prohibition of torture increasingly interacts with other fields of human rights law, such as non-discrimination law, international criminal law, international humanitarian law, and international migration law. The Transformation of the Prohibition of Torture in International Law analyses the nature and significance of this transformation and looks into the scope of the prohibition's further evolution. Empirical scholarship, innovative human rights body practice, and challenges from activists, particularly from the Global South, have focused on the relational nature of torture and other ill-treatment, its embeddedness in wider structures of power, and the role of international law in legitimizing-if not facilitating-widespread suffering, from mass incarceration to poverty and climate change. This analysis reveals an inherent tension in the prohibition between a conventional, narrow focus on direct State violence and a wide lens encompassing myriad forms of suffering. To retain its validity and effectiveness in the twenty-first century, argues Lutz Oette, the prohibition on torture must navigate this tension and successfully address and transform abusive power asymmetries.

International Norm Disputes: The Link between Contestation and Norm Robustness offers a rich, comparative study of when and why contested international norms decline. It presents central findings on the link between contestation and norm robustness based on four detailed, contemporary case studies - the torture prohibition, the responsibility to protect, the moratorium on commercial whaling, and the duty to prosecute institutionalized in the International Criminal Court. It also includes two historical case studies - privateering and the transatlantic slave trade. This book provides in-depth knowledge on contestation and robustness dynamics of central international norms. Having meticulously collected relevant data and conducted extensive qualitative coding, the authors demonstrate that norms are likely to weaken when challengers contest the validity of a norm's core claims but remain robust when they contest a norm's application and contestation does not become permanent. These important findings, comparatively presented here for the first time, are crucial for understanding the much-discussed problems of the contemporary liberal international order. The insights provided establish how different types of challenges will affect global governance mechanisms and which conditions are most likely to create fundamental change.

Rape, traditionally a spoil of war, became a weapon of war in the ethnic cleansing campaign in Bosnia. The ICTY Kunarac court responded by transforming wartime rape from an ignored crime into a crime against humanity. In its judgment, the court argued that the rapists violated the Muslim women’s right to sexual self-determination. Announcing this right to sexual integrity, the court transformed women’s vulnerability from an invitation to abuse into a mark of human dignity. This close reading of the trial, guided by the phenomenological themes of the lived body and ambiguity, feminist critiques of the autonomous subject and the liberal sexual/social contract, critical legal theory assessments of human rights law and institutions, and psychoanalytic analyses of the politics of desire, argues that the court, by validating women’s epistemic authority (their right to establish the meaning of their experience of rape) and affirming the dignity of the vulnerable body (thereby dethroning the autonomous body as the embodiment of dignity), shows us that human rights instruments can be used to combat the epidemic of wartime rape if they are read as de-legitimating the authority of the masculine autonomous subject and the gender codes it anchors.

This book analyses and compares how the USA's liberal allies responded to the use of torture against their citizens after 9/11. Did they resist, tolerate or support the Bush Administration's policies concerning the mistreatment of detainees when their own citizens were implicated and what were the reasons for their actions? Australia, the UK and Canada are liberal democracies sharing similar political cultures, values and alliances with America; yet they behaved differently when their citizens, caught up in the War on Terror, were tortured. How states responded to citizens' human rights claims and predicaments was shaped, in part, by demands for accountability placed on the executive government by domestic actors. This book argues that civil society actors, in particular, were influenced by nuanced differences in their national political and legal contexts that enabled or constrained human rights activism. It maps the conditions under which individuals and groups were more or less likely to become engaged when fellow citizens were tortured, focusing on national rights culture, the domestic legal and political human rights framework, and political opportunities.