Papers by Bernhard A Hoffmann
A reaction to the suggestion put forward by the Austrian Foreign Minister Sebastian Kurz for the ... more A reaction to the suggestion put forward by the Austrian Foreign Minister Sebastian Kurz for the EU to copy elements of how Australia is managing migration, with off-shore processing of asylum applications and the turning around and towing away of boats heading for Australian waters
Wer sich in Gefahr begibt... Ein Kommentar zum Vorschlag des
Migrationsmanagements nach Australis... more Wer sich in Gefahr begibt... Ein Kommentar zum Vorschlag des
Migrationsmanagements nach Australischem Muster (wie angedacht von Sebastian Kurz).
The ‘ticking time bomb’ scenario has been used to try and justify the application of torture in e... more The ‘ticking time bomb’ scenario has been used to try and justify the application of torture in extreme circumstances due to overriding need. In this perfect scenario, where the suspect is already in custody, the argument is that large scale loss of life could be prevented if torture was permissible to gain the necessary details. After looking at definitions of what could constitute torture and the position of international law with reference to international conventions and human rights law on the subject this essay will explore the pros and cons of the argument and then conclude by considering ethical and moral questions and the value of reputation, the public perception of ‘loosing the moral high ground’.
After the events of 9/11 advocates of torture like Dershowitz tried to give its use a legal foundation by introducing the concept of a torture warrant. Later, more extreme adherents of this school posited there was not only a right to torture but a duty. Their arguments will be engaged with and the myth thoroughly debunked, with a long-term perspective on the consequences of acceptance.
Ultimately it is the position of this essay that, as international law applies to every body and every organisation, exceptions can not be permitted. No-one can be allowed to be above the law and engaging in torture for short-term gain is not only setting a precedence, morally and legally, but is counter-productive.
Book Reviews by Bernhard A Hoffmann
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Papers by Bernhard A Hoffmann
Migrationsmanagements nach Australischem Muster (wie angedacht von Sebastian Kurz).
After the events of 9/11 advocates of torture like Dershowitz tried to give its use a legal foundation by introducing the concept of a torture warrant. Later, more extreme adherents of this school posited there was not only a right to torture but a duty. Their arguments will be engaged with and the myth thoroughly debunked, with a long-term perspective on the consequences of acceptance.
Ultimately it is the position of this essay that, as international law applies to every body and every organisation, exceptions can not be permitted. No-one can be allowed to be above the law and engaging in torture for short-term gain is not only setting a precedence, morally and legally, but is counter-productive.
Book Reviews by Bernhard A Hoffmann
Migrationsmanagements nach Australischem Muster (wie angedacht von Sebastian Kurz).
After the events of 9/11 advocates of torture like Dershowitz tried to give its use a legal foundation by introducing the concept of a torture warrant. Later, more extreme adherents of this school posited there was not only a right to torture but a duty. Their arguments will be engaged with and the myth thoroughly debunked, with a long-term perspective on the consequences of acceptance.
Ultimately it is the position of this essay that, as international law applies to every body and every organisation, exceptions can not be permitted. No-one can be allowed to be above the law and engaging in torture for short-term gain is not only setting a precedence, morally and legally, but is counter-productive.