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Command Responsibility and U.S. Torture Policy

James P. Pfiffner

出版	SSRN, 2009
URL	http://books.google.com.hk/books?id=7ufbzwEACAAJ&hl=&source=gbs_api

註釋

This paper argues that the harsh interrogation techniques, abuse, and torture carried out by U.S. personnel in the war on terror were not merely the actions of a few bad apples at the bottom of the barrel. They were, rather, the result of policy decisions made by the Bush administration. The article will document attempts by military and civilian professional public administrators to have the policies changed before they were issued, during their operation, and after the abuse and torture had become public. That the policies were intended was demonstrated by the refusal of political leaders to change policies once the abuse and torture were called to their attention. The paper will conclude that the doctrine of command responsibility applies to the administration of the policies of harsh interrogation and torture, but that criminal prosecutions would be counterproductive to moving beyond this unfortunate episode in U.S. history and ensuring that such policies will not be repeated.