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2. State Violence and Public Monitoring – Britain’s use of torture in Mandatory Palestine
- Author:
- James Hopkins
- Publication Date:
- 03-2020
- Content Type:
- Working Paper
- Institution:
- Centre for the Study of Terrorism and Political Violence, St. Andrews University, Scotland
- Abstract:
- In his influential work Torture and Democracy, Darius Rejali argues that when democracies use torture, they tend to resort to the use of stealthy torture techniques in order to avoid detection. Using primary archival sources, this paper examines Rejali’s hypothesis by looking at torture in the British Mandate in Palestine up to 1945. First, looking specifically at torture it will show that the case study fits the hypothesis, as torture was generally stealthy, but also systemic and at times officially sanctioned. It locates the reason for the use of torture in the failure of intelligence gathering, before examining the pressures public monitoring put on the British. The historical literature tends to emphasise the concerns British authorities had over propaganda in both the foreign and local press: however, this paper also highlights the threat of pan-Arabic and Muslim agitation across the Middle East and India. After noting that torture is merely one form of violence in the state’s repertoire, and therefore cannot be fully understood in isolation, the paper aims to put the use of torture in its wider context. In Palestine, torture took place alongside a brutal counterinsurgency campaign, in which British servicemen systemically carried out casual brutality against the local population, which, in contrast to the use of torture, was highly visible and unconcerned with public monitoring. It is argued that the reasons for this casual brutality were the poor conditions of service, the make- up of the force, and the racism endemic in it. Despite this seeming contradiction of the monitoring hypothesis, the paper concludes by arguing that the hypothesis can explain the disparity between stealthy torture and visible casual brutality. In doing so, it draws attention to the importance of perception in public monitoring as well as the shifts in the factors affecting the Mandate.
- Topic:
- Intelligence, Terrorism, Torture, State Violence, and Surveillance
- Political Geography:
- United Kingdom, Middle East, and Palestine
3. PART II: (Un)Accountability for Torture
- Author:
- Elizabeth Grimm Arsenault
- Publication Date:
- 06-2019
- Content Type:
- Special Report
- Institution:
- Georgetown Journal of International Affairs
- Abstract:
- “The category of public reputational accountability,” Keohane asserts, “is meant to apply to situations in which reputation, widely and publicly known, provides a mechanism for accountability even in the absence of other mechanisms.” The effectiveness of public reputational accountability, in particular, has floundered because of the fact that the U.S. public’s views have shifted since the inception of the torture program. Even while recognizing that enhanced interrogation techniques are now against the law, former CIA director Michael Hayden defended the Agency’s past use of the techniques in 2014, claiming that “we thought we were doing the nation’s will.” Today, though, it can be argued that the absence of public reputational accountability stems from the fact that the issue of torture has been reframed in the public imagination.
- Topic:
- Intelligence, Torture, Impunity, War on Terror, and Accountability
- Political Geography:
- Middle East and United States of America
4. Part I: (Un)Accountability for Torture
- Author:
- Elizabeth Grimm Arsenault
- Publication Date:
- 06-2019
- Content Type:
- Special Report
- Institution:
- Georgetown Journal of International Affairs
- Abstract:
- With the nomination and eventual appointment of Gina Haspel to the directorship of the Central Intelligence Agency (CIA), debates around the legality and the morality of the torture program undertaken during the early years of the War on Terror resurfaced. Some editorials asserted that condoning torture was now a roadmap for promotion at the CIA. Others, including former senior leaders of the CIA, argued that none could lead the Agency better than Haspel and claimed she was a person of integrity. Yet, amid the debates about her leadership of the Agency loomed two larger questions: 1) who is most responsible for the torture program, and 2) what does accountability mean? In the balancing act between the demands of justice and the imperatives of national security, how can we best ensure that the right people are held accountable for the U.S. torture program? Forceful repudiations of the program did occur through both internal agency proceedings as well as in the form of checks and balances across the federal government, but the public view of torture has changed in the almost two decades since 9/11. This shift is significant because U.S. popular opinion against the torture program a decade ago significantly contributed to pushback against it, pushback that manifested in the accountability measures detailed below. In the absence of public opposition, accountability measures will be more elusive.
- Topic:
- Intelligence, Torture, War on Terror, and Accountability
- Political Geography:
- Middle East, North America, and United States of America
5. The Human Rights Movement in Morocco: The Dialectic of Influence
- Author:
- Mohamed Outahar
- Publication Date:
- 07-2018
- Content Type:
- Working Paper
- Institution:
- Arab Reform Initiative (ARI)
- Abstract:
- The relationship between the human rights movement and the state in Morocco has gone through two major stages since the movement appeared in the 1970s. The first phase (1970s–1990s) was antagonistic in the broader ferocious political conflict that lasted from independence till the 1990s. Civil and political rights were routinely violated, and members of the opposition were incarcerated in secret detention centres. The state oppressed or ignored human rights activists or tried to contain them during that stage. This came to a gradual end in the early 1990s. The ruling regime changed the way it viewed the human rights movement and human rights themselves. Political detainees benefited from an amnesty and a process of reconciliation evolved as the state opened up the dark files of repressive practices such as arbitrary arrests, torture and enforced disappearances. The second phase, which began in the mid-1990s, came after the ruling regime had created and stabilized state institutions and the modalities of governance. It was then able to begin a calculated political opening bolstered by various internal and external forces. This, however, did not change the essentially contentious nature of the relationship between the human rights movement and the state. The conflict became subtle and more refined. The state attempted to turn the dark page of human rights’ violations within a process of transitional justice. Despite harsh criticism, this process heralded in some way the end of systematic torture, forced disappearance and detentions without fair trials. The scope and spread of human rights organizations and activists expanded in the following two decades, particularly after the movement of 20 February 2011, leading to the adoption of a new constitution that explicitly acknowledged the supremacy of international treaties and human rights laws and legislation. This paper reviews the history of the state’s relationship with the whole paradigm of human rights as it relates to society and politics and with human rights defenders in particular.
- Topic:
- Human Rights, Torture, United Nations, Constitution, and Repression
- Political Geography:
- Africa, North Africa, Morocco, and Rabat
6. Literature Born of Captivity
- Author:
- Mohammad AlAhmad
- Publication Date:
- 12-2018
- Content Type:
- Special Report
- Institution:
- Center for Contemporary Arab Studies
- Abstract:
- CCAS Professor Mohammad AlAhmad discusses how Arab prison literature goes beyond documenting the prison experience to serve as an instrument of resistance and to hold readers accountable for their silence.
- Topic:
- Torture, Prisons/Penal Systems, Authoritarianism, Political Prisoners, and Literature
- Political Geography:
- Middle East, Syria, Egypt, and Morocco
7. Set the Torturers Free: Transitional Justice and Peace vs Justice Dilemma in Burma/Myanmar
- Author:
- Michal Lubina
- Publication Date:
- 01-2018
- Content Type:
- Journal Article
- Journal:
- Polish Political Science Yearbook
- Institution:
- Polish Political Science Association (PPSA)
- Abstract:
- Burma/Myanmar seems to be a perfect ground for transitional justice with both long-failed transitions to democracy that seemed to succeed in 2015 finally and smouldering civil war taking place there since 1948 (since the 1990s limited to Borderlands). Unfortu- nately, the political realities in Burma/Myanmar make it unlikely, if not impossible, for tran- sitional justice to be applicable in Burma/Myanmar. The victorious in 2015 elections demo- cratic opposition party, National League for Democracy (NLD) came to power thanks to the political deal with the former military government and is consequently being forced to co- habitate politically with the army that still holds critical political checks over the government. It made NLD’s leader, Aung San Suu Kyi to conduct moderate domestic policy without trying to charge the generals for their former crimes. In this circumstances, transitional justice is unwanted by mainstream political actors (NLD, the army) and seen as threatening to peace by many in the Myanmar society. This approach firmly places Burma/Myanmar on one side of the ‘peace vs justice’ dilemma. It answers the “torturer problem”, one of the central problems of transitional justice – how to deal with members of the previous regime which violated human rights – in ‘old fashion’ way, by granting them full amnesty. As such Burma/Myanmar case also falsifies an optimistic claim that transitional justice is necessary for political reforms.
- Topic:
- Torture, Reform, Transitional Justice, and Peace
- Political Geography:
- Asia, Burma, and Myanmar
8. Transitional Justice and Colombia's Peace Talks
- Publication Date:
- 08-2013
- Content Type:
- Working Paper
- Institution:
- International Crisis Group
- Abstract:
- If the Santos administration and the Revolutionary Armed Forces of Colombia (FARC) are to lay the foundations for lasting peace as they continue to make head-way toward successfully concluding talks underway since late 2012, they need to agree on a clear, credible and coherent plan for dealing with human rights abuses committed by all sides. This is not easy. Any sustainable agreement must be acceptable well beyond just the two parties. Finding common ground between the guerrillas, the government, the critics of the peace talks, victims and a public largely unsym- pathetic to FARC would be difficult at the best of times but will be even harder on the cusp of the 2014 electoral cycle. However, with courts, Congress and voters all having important roles to play in ratifying and implementing transitional justice measures, both parties' long-term interest in a stable transition should outweigh the costs of agreeing to a deal that goes beyond their own narrow preferences. Otherwise, flagging popular support, political controversy and legal challenges risk undermining both justice and peace.
- Topic:
- Conflict Resolution, Human Rights, Peace Studies, Torture, Treaties and Agreements, and Governance
- Political Geography:
- Colombia
9. How to Support and Engage Human Rights Defenders
- Publication Date:
- 12-2012
- Content Type:
- Policy Brief
- Institution:
- Human Rights First
- Abstract:
- Human rights defenders work peacefully to protect and promote the universal rights of others. Whether they are lawyers, judges, journalists, bloggers, students, religious leaders, trade unionists, or human rights professionals, human rights defenders often are at the forefront of change in their own societies. Because they challenge their governments and other powerful interests to respect universal rights, human rights defenders and their families are often harassed, detained, interrogated, imprisoned, tortured, and even killed for their work. Many governments view such activists as opponents, rather than partners in the formation of a more pluralistic society.
- Topic:
- Civil Society, Democratization, Human Rights, Torture, and Reform
- Political Geography:
- United Nations
10. The Diversity of Truth Commissions and Commissions of Inquiry
- Author:
- Evelyne Schmid
- Publication Date:
- 01-2012
- Content Type:
- Policy Brief
- Institution:
- United States Institute of Peace
- Abstract:
- Over the past several decades, dozens of countries have established truth commissions and other bodies to investigate mass atrocities or systematic human rights abuse. Lessons learned from past truth-finding processes are invaluable to help address the legacies of human rights violations in countries transitioning to democratic regimes in the Middle East and North Africa and elsewhere. Truth commissions aim to uncover and acknowledge abuses from the past by recognizing the suffering of victims and making recommendations to prevent a recurrence of violence in the future. When convening authorities establish a truth commission, they need to select a process to choose the commission's membership, decide on the subject matter and a deadline for the work it will do as well as its legal powers, its duration and the extent to which its work is public. USIP has established a Truth Commissions Digital Collection (http://www.usip.org/publications/truth-commission-digital-collection) that provides summaries and vital statistics of 41 past commissions from 35 countries, along with copies of most of their legal charters and final reports. Each commission has a dedicated page along with information on subsequent developments, such as reforms, prosecutions and reparations to victims. The Truth Commissions Digital Collection is a resource for researchers and implementers seeking to learn and apply lessons from the past to make current “truth processes” more effective.
- Topic:
- Conflict Prevention, Genocide, Human Rights, Human Welfare, and Torture
- Political Geography:
- Africa and Middle East
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