Interrogation and Torture: Integrating Efficacy with Law and Morality

ISBN : 9780190097523

Steven J. Barela; Mark Fallon; Gloria Gaggioli; Jens David Ohlin
600 Pages
156 x 156 mm
Pub date
Jan 2020
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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.


Nils Melzer, UN Special Rapporteur on Torture
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 and 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 and 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, and Christian A. Meissner
6. Investigative Interviewing: From England to Norway and Beyond
Ray Bull and o Asbjorn 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 and 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 and 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 and Barbara Bernath
18. Repairing the Damage from Illegal Acts of State: The Costs of Failed Accountability in the U.S.
Claire Finkelstein and Brigadier General Steve Xenakis, M.D. (Ret.)
19. Drinking from a Poisoned Chalice: A Portrait of the U.S. Military Commissions at Guantanamo
Brigadier General John G. Baker, Mary E. Spears, and Katherine S. Newell
20. Setting Universal Standards for Non-Coercive Interviews and Associated Safeguards
Juan E. Mendez and Andra Nicolescu
Afterword: The Corrosive Strategic Legacy of Torture
Alberto Mora

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. 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. 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.

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