DUS2072

MILITARY LAW AND LAWS OF ARMED

CONFLICT
USES OF TORTURE IN WAR
Lecture name : Dr.Salma Binti Yusof

No
1
2
3
4

Milatry
no
375538
375462
375534
3014480

Name

No matric

Vimal Sharrma a/l Thegarthah

Krishthoobar Raj a/l John Peter
Sethumathavan a/l Gurumoorthy
Kalaidorai a/l Balan

2150433
2150345
2150356
2150475

CONTENTS
1) INTRODUCTION
2) WHY TORTURE IN WAR
3) ADVANTAGES USE OF TORTURE IN WAR
4) DISADVANTAGES USE OF TORTURE IN WAR
5) TYPE OF TORTURE IN WAR
6) LAWS THAT RELATED TO USES OF TORTURE IN WAR
7) REFERENCES

INTRODUCTION
Torture is the infliction of severe physical or psychological pain upon an individual
to extract information or a confession, or as an illicit extrajudicial punishment.
Torture is widely practiced worldwide: Amnesty International received reports of
torture or cruel, inhuman or degrading treatment or punishment in more than 150
countries during the four-year period from 1997 to 2000.
Torture involves deliberately inflicting physical or mental pain on a person without
legal cause. This includes threats to family members and loved ones.

Torture has been used as a punishment, to intimidate or control people, to get

information or just to gratify sadistic impulses.

Governments have used torture to keep themselves in power, to enforce their

particular political philosophy, to remove opposition and to implement particular
policies.
Since the middle of the last century torture has generally been regarded as wrong, so
wrong in fact that the UN Convention against torture allows no exceptions.

British law bans torture and the UK is one of the signatories to the United Nations
Convention against torture.
Torture is one of the most abhorrent violations of human rights and human dignity.
The UK is committed to combating torture globally, and continues to implement an
active campaign to help eradicate it.
Torture and other inhumane acts causing severe pain or suffering, or serious injury to
the body or to mental or physical health are also prohibited under international
criminal law and can amount to crimes against humanity and war crimes.
Torture is not admissible in British courts, although it is acceptable for police or
security forces to act on information obtained by torture.

WHY TORTURE USED IN WAR

Torture Is Permissible To Save Live
A recent BBC poll showed that a quarter of UK
respondents thought it acceptable to use some degree of torture to combat
terrorism.
A governments primary responsibility is to protect its citizens and if the
likelihood is that the interrogation will extract valuable intelligence that can
save thousands of lives then it is a reasonable response to a horrific threat.

It is easy to make a dispassionate stand condemning torture, but when it

comes to the lives of our family or friends we would all do anything to make
sure they survive.

Torture Should Be Used To Prevent Rather Than Punish

Torturing a terrorist maybe unlawful, but surely saving thousands of lives
outweighs this.
Is torture a barbaric practice? Yes it is, but mass murder is far more barbaric.
Letting innocent people die when there is a chance to avert such a scenario,
whatever the method, is moral cowardice. Taking this position, however, does
not advocate torture as a form of punishment.
Punishment is addressed to deeds irrevocably past, whereas torture should
only be a means to prevent future evils.
And besides it is far less objectionable than many existing punishments like
the death penalty
Torture Is Necessary In Extreme Circumstances
According to George W. Bush only 30-40 people were ever subjected to
enhanced interrogation techniques, of whom one was Khalid Sheikh
Mohammed, the organiser of the terrorist attacks on the World Trade Centre
that killed almost 3,000 people.

An important reality to recognise is that the security services did not

perpetrate a carte-blanche campaign to torture random suspects for
amusement, they were targeting a specific few terrorists who most likely knew
crucial information that could stop further bloodshed.
These are not unfortunate people who deserve our sympathy or mercy, but
fanatical murderers who openly call for the destruction of our way of life and
would do much worse given the chance.

ADVANTAGES OF USES OF TORTURE

IN WAR
Torture is permissible to save lives
The no-torture principle is not unbreakable. Harvard Law professor, Alan Dershowitz
famously argued that torture can be justified in the case of a ticking time-bomb
terrorist. This idea particularly gained popularity in the post-9/11 climate. A recent
BBC poll showed that a quarter of UK respondents thought it acceptable to use some
degree of torture to combat terrorism. A governments primary responsibility is to
protect its citizens and if the likelihood is that the interrogation will extract valuable
intelligence that can save thousands of lives then it is a reasonable response to a
horrific threat. It is easy to make a dispassionate stand condemning torture, but when

it comes to the lives of our family or friends we would all do anything to make sure
they survive.

Torture should be used to prevent rather than punish

Torturing a terrorist maybe unlawful, but surely saving thousands of lives outweighs
this. Is torture a barbaric practice? Yes it is, but mass murder is far more barbaric.
Letting innocent people die when there is a chance to avert such a scenario, whatever
the method, is moral cowardice. Taking this position, however, does not advocate
torture as a form of punishment. Punishment is addressed to deeds irrevocably past,
whereas torture should only be a means to prevent future evils. And besides it is far
less objectionable than many existing punishments like the death penalty.

Torture is necessary In extreme circumstances

According to George W. Bush only 30-40 people were ever subjected to enhanced
interrogation techniques, of whom one was Khalid Sheikh Mohammed, the organiser
of the terrorist attacks on the World Trade Centre that killed almost 3,000 people. An
important reality to recognise is that the security services did not perpetrate a carteblanche campaign to torture random suspects for amusement, they were targeting a
specific few terrorists who most likely knew crucial information that could stop
further bloodshed. These are not unfortunate people who deserve our sympathy or
mercy, but fanatical murderers who openly call for the destruction of our way of life
and would do much worse given the chance.

DISADVANTAGES OF THE USES OF

TORTURE IN WAR
Information get through torture is unreliable and worthless
First, the information extracted from a person through torture is unreliable and
worthless. This is because, during torture the victims first interest is to do everything
it takes to stop pain including but not limited to lying. If, therefore, he/she feels that
the information needed is so personal and not releasable, they lie just to derail the
feeling of pain.
Torture affects the innocent

Torture affects even the innocent. Since the information is only for evasion of pain, an
innocent victim can be unfairly convicted leaving the real criminals free and
continuing with their operations without interference. This is detrimental in two main
ways; one, it results in promotion of crime since the criminals feel smart and
unreachable. They continue with their operations with the notion that there will be an
innocent citizen who will suffer the pain for them. Secondly, it creates fear among
innocent citizens who might even be having information about some criminal activity.
Instead of achieving security and availing information, torture creates a barrier to
access to vital information.

Torture is both dehumanizing and degrading

Torture is both dehumanizing and degrading. It is an archaic and barbaric practice that
lacks place in the civilized world for it directly infringes against the human rights of
the victim. Most of the practices of torture are sources of pain which none ought to be
exposed to, irrespective of the weight of their crime. It is also inhuman because it not
only causes immense pain but also results in restricted independence and freedom of
the victim. The victim is rendered defenceless and unproductive as long as the pain
endures. The self -esteem of the tortured is always demeaned as he/she is turned into a
gross criminal even if they are genuinely innocent. In some extreme cases, torture
results in death.

TYPE OF TORTURE USED IN WAR

Sitting In The Tub

Known as the punishment of sitting in the tub, the convicted person would be
placed in a wooden tub with only their head sticking out. After that, the executioner
would paint their faces with milk and honey; and soon, flies would begin to feed on
them. The victim was also fed regularly and would end up swimming in their
excrement. After a few days, maggots and worms would devour their body as they
decayed alive.

Metal Piece

This torture device consisted of a metal piece with two opposed bi-pronged
forks attached to a belt or strap. One end of the device was pushed under the chin, the
other to the sternum, and the strap was used to secure the victims neck to the tool

while the victim hung from the ceiling or was somehow suspended so that they could
not sleep. If their heads dropped, the prongs would pierce their throat and chest.

Lead Sprinkler

Usually filled with molten lead, tar, boiling water or boiling oil, it was used to
torture victims by dripping the contents onto their stomach or other body parts like the
eyes. Using this device the torturer would proceed to pour molten silver on the
victims eyes which resulted in agonizing pain and eventual death.

Tongue Tearer

Looking like an oversized pair of scissors, it could effortlessly cut the victims
tongue. Their mouth would be forced opened with a device called a mouth opener,
and then the iron tongue tearer would uncomfortably twitch the tongue with its rough
grippers

LAWS INVOVLE
FIRST GENEVA CONVENTION OF 1949,chapter 2,
art.12.(page 40)
Members of the armed forces and other persons mentioned shall be treated
humanely and cared for by the Party to the conflict in whose power they may be,
without any adverse distinction founded on sex, race, nationality, religion, political
opinions, or any other similar criteria. Any attempts upon their lives, or violence to
their persons, shall be strictly prohibited; in particular, they shall not be murdered or
exterminated, subjected to torture or to biological experiments;

FIRST GENEVA CONVENTION OF 1949,chapter 2,

art.14.(page 41)
Subject to the provisions of article12, the wounded and sick of belligerent who
fall into enemy hands shall be prisoners of war , and the provisions of international
law concerning prisoners of war shall apply to them.

THIRD GENEVA CONVENTION OF 1949,PART 2,

PRISONERS OF WAR art.13.(page 97)
Likewise, prisoners of war must at all times be protected, particularly against
acts of violence or intimidation and against insults and public curiosity

REFERENCES
1)
2)
3)
4)
5)

www.braviaresearch.com
http://www.in-debate.com/2011/10/the-use-of-torture/
https://en.wikipedia.org/wiki/Use_of_torture_
hejusticecampaign.org/?page_id=273
watson.brown.edu/costsofwar/costs/social/rights/torture
6) The Geneva Convention Of August 12 1949 And Additional Protocal