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Torture occurs in nations that ban it. Such a shadow system, according to Alan Dershowitz, "tolerates torture without accountability and encourages hypocritical posturing." In this essay, he offers an alternative aimed at minimizing the use of torture and preventing abuse. Nations must openly acknowledge the use of torture and then develop legislation to regulate the practice. Only by bringing such harrowing choices into public scrutiny can democracies both fight terrorism and protect the rule of law. Alan Dershowitz is the Felix Frankfurter Professor of Law at Harvard Law School.
This essay initially appeared in Torture: A Collection (2004), edited by Sanford Levinson.
What's in the Box?
In an age of terrorism, our nation's ports are more vulnerable than ever before. Terrorists could plant explosives on a container ship with little risk of detection. The challenge for port-security officials is to increase security measures without decreasing the rapid movement of containers through ports. Stephen Flynn offers a penetrating analysis of the issues surrounding port security today and offers innovative strategies to protect the vulnerable and vital sea borders. Stephen Flynn is currently Senior Fellow with the National Security Studies Program at the Council on Foreign Relations.
This essay initially appeared in his book America the Vulnerable: How Our Government Is Failing to Protect Us from Terrorism (2004).
Seeking Common Ground in the Fight Against Terrorism: Coercive Interrogation as an Example
Philip B. Heymann
Should torture or coercive interrogation be used to obtain information from terrorist suspects? Philip Heymann, James Barr Ames Professor of Law at Harvard Law School, addresses this issue and proposes a legal framework to regulate the use of coercive interrogation short of torture in certain circumstances.
This article was written for "The Global War on Terrorism—Round II," a symposium sponsored by the Institute for National Security and Counterterrorism (http://insct.syr.edu), Montgomery C. Meigs, the Louis A. Bantle Chair in Business and Government Policy, and the National Security Studies Program at Syracuse University (http://insct.syr.edu/Res&Activities_2005confsponsors.htm). A video of the symposium and papers written by the distinguished panelists addressing issues of counterterrorism policy, terror networks, the legality of certain counterterrorism strategies and other issues of national security may be viewed at http://insct.syr.edu/Research_conferences.htm.