Implementing the Prohibition of Torture on Three Levels: The United Nations, the Council of Europe, and Germany

Herrmann, Joachim

Journal: UC Law SF International Law Review

Volume: 31

First Page: 437

Year: 2008

Bluebook Citation: 31 UC L. SF INT'L L. REV. 437 (2008)

Author: Joachim Herrmann: all 4 publications


Abstract

In the fight against terrorism the United States government has tried to draw a line between proper and improper methods of interrogation and treatment of detainees. The question whether and to what extent torture and other kinds of ill-treatment might be justified is widely discussed in the United States today. To date, no satisfying answer has been found. There is doubt that a generally accepted answer could ever be found.

In view of this dilemma it might be helpful to look beyond the borders of the United States to see what answers have been given elsewhere. This paper will explain how torture and other kinds of ill-treatment are outlawed by the United Nations, the Council of Europe, and - as an example of national legislation - in Germany.

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