The Shape of Modern Torture: Extraordinary Rendition and Ghost Detainees
by John T. Parry
Parry, John T., "The Shape of Modern Torture: Extraordinary Rendition and Ghost Detainees"
.
Melbourne Journal of International Law, Vol. 6, p. 516, 2005 Available at SSRN: http://ssrn.com/abstract=829345
‘Before I draw nearer to that stone to which you point’, said Scrooge,
‘answer me one question. Are these the shadows of the things that Will
be, or are they shadows of things that May be,
only?’[1]
I INTRODUCTION
My goal in this commentary is to combine two ways of thinking about
torture and related forms of coercive treatment and interrogation. The
first of these ways is a legal analysis of some of the issues
surrounding torture, with particular reference to the practice of
extraordinary rendition (the use of force, rather than legal process,
to take suspected ‘terrorists’
from one country to another for purposes of detention and
interrogation), and the existence of ‘ghost detainees’ (people who are
secretly held and interrogated by the United States or its allies in
undisclosed locations and who are outside the protections of domestic
or international law in any practical sense). Although some of my
arguments and conclusions on these issues may be surprising or at least
debatable, they will be set largely within a familiar context of legal
argument and analysis.