미국에 의해 행해지는 고문과 테러와의 전쟁의 실패

Title
미국에 의해 행해지는 고문과 테러와의 전쟁의 실패
Other Titles
The Use of Torture by the United States and the Failure of its War On Terror
Author(s)
레티샤파티노
Keywords
Torture; Terrorism; U.S.; America; War on Terror; September 11 2001(nine eleven).; 고문; 테러; 미국; 테러와의 전쟁; 2001년 9월 11일(911 테러).; Torture; Terrorism; U.S.; America; War on Terror; September 11 2001(nine eleven).
Issue Date
201305
Publisher
전북대학교 부설법학연구소
Citation
법학연구, v.38, pp.311 - 355
Abstract
After September 11, 2001, hereto referred to as 9/11, the then current President of the United States of America, George W. Bush, declared a “War on Terror” and demanded that other democratic countries participate as well. This so-called war created a challenge for the U.S., Europe and the International community as a whole. Tough and synchronized action was clearly needed to prevent and punish terrorist acts. However, the international community now realizes that these actions not only violated the core principles of established human rights but also failed to produce a safe, terror free world. While members of the U.N. stayed silent or even cooperated with this alleged war, the international community began to receive information regarding indefinite detention without trial and other human rights violations. The disastrous mistake after September 11, 2001 was not the resolve to respond, but the choice of how to approach and resolve this issue. Terrorism should have never been fought with terrorist means. Instead of feeling safer, America and its allies are constantly being threatened by those whose members were tortured. Meanwhile, countries that have refused use torture in any way whatsoever have enjoyed a peaceful coexistence with their neighbors. To them, it is inconceivable that anyone could condone torture of any kind. For example, South Korea, an industrialized country, is surrounded by China, North Korea and Russia, all of whom have been accused of using torturous acts. Yet, South Korea adheres to the U.N.’s strict edict of Zero Tolerance for torture. As a result, South Koreans cannot envision an industrialized, democratic country that would violate their promise to avoid the use of any torture whatsoever. As a result, South Korea has not experienced the assaults that the U.S., U.K. and other industrialized countries have experienced. Here is a general legal context in which this debate has evolved, as well as the arguments raised on both sides. After a short introduction of the human rights law framework regarding the prohibition of torture and the presentation of well-known and recent academic and antidotal evidence that torture does not always accomplish its goal, there is an argument that enough is enough and that the United States of America should stop torture. This is the right time to accomplish such an ambitious undertaking. Thus, set forth are the reasons why 2013 is the year that the United States will seriously consider ending the War on Terror.
URI
http://hdl.handle.net/YU.REPOSITORY/25837
ISSN
1598-8937
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법과대학 > 법학부 > Articles
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