The systemic analysis of the establishment of torture as foreign policy measure in modern democratic institutions with special reference to the use of torture during the 'War on Terror

[摘要] ENGLISH ABSTRACT: This dissertation's primary focus is why torture is used when torture is not an effective meansof gathering intelligence. To answer this question the argument for the use of torture,commonly known as the ticking time bomb argument, is discussed. Due to psychological andphysiological processes during torture interrogation it was found that torture cannot be reliedupon to deliver truthful information. Torture was also found to adversely affect theinstitutions that are needed for its establishment.After torture has been found to be of no utility in terms of the appropriation of information thequestion of why torture is still used is answered by means of discussing societal dynamics aswell as the political process surrounding torture. On the societal front it was found thatAmerican public opinion towards torture is ambivalent. The reason for this includes a host ofsocio-psychological factors such as the in-group out-group bias as well the War on Terror asa political ideology in its own right. The notion that anybody is likely to torture is alsoexplored by means of discussing the Milgram's Obedience Experiment as well as the StanfordPrison Experiment.On the political front the notion that the abuses at Abu Ghraib and Guantanamo Bay were thework of a few bad apples is dispelled since it formed part of a deliberative political processthat tried to make torture a legitimate foreign policy measure. The reason for the existence ofthis process is the failure of international and domestic checks and balances. On theinternational front U.S. unilateralism as foreign policy principle is cited as the reason for theineffectiveness of international measures to stop torture. On the domestic front the permanentrally around the flag effect due to the permanent state of mobilization in the War on Terror iscited as the reason for the failure of domestic checks and balances.The lessons learnt from the research enables the creation of measures on how to stop tortureeven when it is found that the necessary political will is not present within the Obamaadministration. In the absence of political will it must be manufactured by means of theactions of civil society, the free press and the international community. It was found that themost effective means would be the creation of a committee of inquiry to create the politicalmemory of the use of torture and how it was established. Additionally a memorial must beerected as well seeing that inquiries create political memories but they do not sustain it.

[发布机构] Stellenbosch University