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Guiora, Amos N.
Print publication date: 2008 (this edition)
Published to Oxford Scholarship Online: January 2009
Print ISBN-13: 978-0-19-534031-0
doi:10.1093/acprof:oso/9780195340310.003.0006
Amos N. Guiora
This chapter discusses specific interrogation methods facilitating analysis of the limits of interrogation. It focuses on differentiating between various categories of interrogation, which will provide the framework for the proposed recommendations. This analysis requires distinguishing between interrogation, coercive interrogation, and torture. While torture is illegal, immoral, and does not lead to actionable intelligence, it is important to encourage the detainee to provide information that will either prevent future acts of terrorism or contribute to the conviction of those responsible for acts committed. It is vital to create a lawful interrogation regime that enables balancing legitimate civil and political rights of the individual with the national security considerations of the state. The information received in accordance with that balancing requirement is the most accurate and reliable. Differences, subtle yet significant, exist between interrogation and coercive interrogation, and differences exist between coercive interrogation and torture.
Keywords: torture, threats, cumulative mistreatment, voluntariness, McNabb v United States, Army Field Manual,
doi:10.1093/acprof:oso/9780195340310.003.0006
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