Alan Dershowitz Quotes
I have no doubt that if an actual ticking bomb situation were to arise, our law enforcement authorities would torture. The real debate is whether such torture should take place outside of our legal system or within it. The answer to this seems clear: If we are to have torture, it should be authorized by the law.
Alan Dershowitz, Constitutional Law Scholar and Professor of Law, "Is There a Torturous Road to Justice?", The Los Angles Times, December 11, 2008
Sourced by: Eigen's Political and Historical Quotations
It is surprising that these ideas would come from one of the most autocratic powerful monarch in the world at the time. However there were many very liberal influences on her from Europe. This set of proposals she even sent to Voltaire to get his feedback and criticism. As late as 2006 the American President was reluctant to outlaw torture for terroristsand the Vice President actually argued for its retention as an interrogation technique. Over 300 years earlier the autocrat of Russia argued against it.
Rendition is the process whereby one country sends a prisoner to another country for interrogation under the theory that the second country can use methods that would be illegal in the first country. Usually torture is involved.
There has always been some confusion in the case of the Wars in Afghanistan and Iraq. The Geneva and Hague conventions are very clear when prisoners are official members of an state’s armed force with uniforms, insignia and ranks. It is also clear with respect to civilians. But the combatants of the insurgent and terrorist forces fall in between, and international law is less clear. The George W. Bush administration at first took the position that the captured combatants were not captured soldiers and were therefore not entitled to the treatment due that status. But the military regulations made no distinction as to how prisoners in combat should be treated. It is a very gray area, except that in either case, torture is illegal under U. S. and under International law.
Police have been exceeding their authority under the law of the land for centuries in most nations. In the century that has passed since she wrote this quotation, there have been many reforms in American law enforcement. The situation is better but many police still exceed their authority. For centuries, most politicians have not wanted to curtail or restrict the police regardless of their human rights abuses, and most citizens did not realize the extent of police abuse. Modern media policies and technology has shed much light on the problem.
The Egyptian Army, responding to huge demonstrations, ordered the Muslim Brotherhood President to step down in what appeared to be a coup d’etat. There was an American law that required a cut off of foreign aid to any government that had come to power. The American Administration and most of Congress did not want to terminate foreign aid to Egypt, and announced that it could not come to a conclusion as to whether or not there was a coup. They did not say that there was no coups—they just decided not to decide. Since there was no finding of a coups, there was no cutoff. Senator Paul and a few other Senators, observing that there had been a coup, wanted the administration to cut off the foreign aid even though it would be detrimental to our foreign policy. The government must obey the law they argued, regardless of the consequences.
Several American soldiers have been court marshalled and found guilty of illegal torture for Warterboarding prisoners to induce them to provide information. Most experts agree that intelligence received this way is highly unreliable in that victims will say anything they think the torturer wants to hear to get the torture to stop.
Alan Morton Dershowitz is an American lawyer known for his work in U.S. constitutional law and American criminal law, and for controversial political views.
