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Rendition to Torture
Alan Clarke
其他書名
A Critical Legal History
出版
SelectedWorks
, 2009
URL
http://books.google.com.hk/books?id=sa2pAQAACAAJ&hl=&source=gbs_api
註釋
Abstract Rendition to Torture: A Critical Legal History International law has long prohibited rendering people to places where they faced torture. Nonetheless, the United States has, since the Clinton administration, through a process called extraordinary rendition, sent people to places where they were tortured. This process greatly expanded during the Bush administration. Historically, renditions were primarily used to bring war criminals and terrorists from places where extradition was difficult or impossible to countries affording a fair trial. Rendition became extraordinary when these constraints were lost and when it became a way to either "disappear" someone or to make them talk, surreptitiously using illegal means. This policy has failed. It has not deterred terrorism, has impeded intelligence gathering, and has put the United States at odds with its closest allies. It has obstructed foreign policy initiatives, and interfered with legitimate prosecutions in multiple countries. And it has demoralized intelligence agents while radicalizing opponents. Transnational resistance to U.S. renditions is slowly, however, curbing the worst excesses and may ultimately force it to come more into compliance with international law. The various pressures on the United States seem, when viewed singly, quite small. The cumulative effect, however, at least since Alvarez-Machain, has been to continually make it harder for the U.S. to operate freely. It seems safe to predict that extraordinary rendition's days are numbered.