This part of the chapter explores legal issues arising from the use of torture as a counter-terrorism tool. It asks whether such conduct can be reconciled with human rights norms, the rule of law and democratic values. A variety of sources of law are examined including military treaties, customary law, the writings of eminent jurists, state practice, domestic law and general principles of international law. The direct and indirect consequences of the use of torture upon terror suspects are also critiqued. Particular attention is paid to the escalation of international terrorism after revelations of detainee abuse in Afghanistan, Cuba and Iraq.
Clarke, B. (2009). Is torture an effective response to terrorism?: Terrorism, torture and the rule of law. In R. Imre, T. B. Mooney & B. Clarke (Eds.), Responding to terrorism: Political, philosophical and legal perspectives (pp. 83-128). England: Ashgate Publishing.