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CMLawLibraryBlog

The CM Law Library Blog seeks to inform the Cleveland-Marshall College of Law community about key legal education, research, practice, and law library news, with a particular focus on Cuyahoga County and Ohio as well as faculty research interests.

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Commentary on the Torture Memos

Amy Burchfield, Access & Faculty Services Librarian amy.burchfield@law.csuohio.edu | May 21, 2009 - 10:33

One of ASIL’s (American Society of International Law) main electronic publications is ASIL Insights, offering brief and timely commentary on international legal issues around the world. The most recent posting to ASIL Insights is Allen S. Weiner’s essay, The Torture Memos and Accountability. Weiner discusses interrogation policy, accountability for the Bush administration, and the international responsibility of the U.S in light of the recent release of four previously classified memos by the Justice Department.

Article 1.1 of the Torture Convention defines torture as “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.” The U.S. ratified the Torture Convention on Oct. 21, 1994.


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