Jump to ContentJump to Main Navigation
Constitutional Limits on Coercive Interrogation$
Users without a subscription are not able to see the full content.

Amos N. Guiora

Print publication date: 2008

Print ISBN-13: 9780195340310

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780195340310.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 16 December 2019

International Law Pertaining to Torture and Interrogation

International Law Pertaining to Torture and Interrogation

Chapter:
(p.141) CHAPTER 9 International Law Pertaining to Torture and Interrogation
Source:
Constitutional Limits on Coercive Interrogation
Author(s):

Amos N. Guiora

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195340310.003.0009

Expanding the discussion to the international sphere is critical to our overall focus: the development of a lawful coercive interrogation regime predicated on the rule of law. In the effort to do so, it is important to examine and analyze existing international standards for interrogation and torture alike. Furthermore, it is important to ask whether international standards are relevant and appropriate for the American experience. Such a discussion requires an analysis of international law principles and comparative case law. Although Justice Scalia has posited the inapplicability of international law to American jurisprudence, Justice Kennedy's approach represents a preferred approach in an increasingly internationalized world. In that spirit, a discussion intended to recommend concrete coercive interrogation measures must include a discussion of torture in the context of international law.

Keywords:   international law, Caroline Doctrine, United Nations Charter, self defence, intelligence sources, interrogation setting

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .