International Law Outline


Public Committee Against Torture in Israel v. State of Israel



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Public Committee Against Torture in Israel v. State of Israel - Israeli Supreme Court - 1999 (458-61)

  1. Differentiate from techniques that could cause bodily harm (i.e. shaking), and other techniques that COULD be carried out humanely

  2. NECESSITY DEFENSE – not source of general authority (only a DEFENSE)

  3. Passes buck to legislature. We’re judges, but we’re also Israelis. Don’t want to limit the authorities, but must respect rule of law.

    1. Ticking time bomb – pragmatism v. morality

  • Torture in “War on Terrorism”

    1. P. 462-472

      1. US ratified CAT in 1994 – various reservations and understandings

        1. Understood cruel, inhuman, or degrading treatment – consistent with 5, 8, 14 amend.

        2. Very specific definition of torture

        3. Enacted 18 USC 2340 – give effect to Convention obligations.


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