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Constitutional Limits on Coercive Interrogation$
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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

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International Law Pertaining to Torture and Interrogation

International Law Pertaining to Torture and Interrogation

(p.141) CHAPTER 9 International Law Pertaining to Torture and Interrogation
Constitutional Limits on Coercive Interrogation

Amos N. Guiora

Oxford University Press

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

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