Alan Dershowitz: Should we fight terror with torture?
The United States’ Supreme Court has ruled that military tribunals at Guantanamo Bay breach the human rights of inmates. But in an age of suicide bombings and mass civilian casualties, do our laws themselves need to be rewritten? Are we just ignoring the unpalatable truth: that the survival of our society may depend on the legalised torture of terror suspects? Here, America’s leading liberal lawyer, Alan Dershowitz, presents the case for radical reform
The great American justice Oliver Wendell Holmes Jr once remarked that “it is revolting to have no better reason for a rule of law than that it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished long since, and the rule simply persists from blind imitation of the past.”
…while it may well be necessary for democracies to fight terrorists with one hand tied behind their backs, it is neither necessary nor desirable for a democracy to fight with two hands tied behind its back, especially when the ropes that bind the second hand are anachronistic laws that can be changed without compromising legitimate human rights. The laws must be changed to permit democracies to fight fairly and effectively against those who threaten its citizens. To paraphrase Robert Jackson, who served as the United States chief prosecutor at Nuremberg – the law must not be “a suicide pact”.
independent.co.uk
Here you have it, the ultimate outcome of 200 years of liberal thought. Rewrite the law so some can be tortured.