Defining Torture in the War on Terror (B): The Trail of the Torture Memo Harvard Case Solution & Analysis

After September 11, 2001, attacks on the United States, President George W. Bush launched a military operation in Afghanistan, which led to the capture of Al-Qaeda considered attacks. Senior U.S. officials discussed how to extract important information from them about future plans of al Qaeda. The CIA wanted to use aggressive interrogation techniques, which he claimed were necessary to convince detainees to show what they know. But the CIA worried about such methods can violate both international treaties prohibiting torture and "cruel, inhuman or degrading" treatment of prisoners and detainees, and, therefore, domestic laws that enforced them. To protect their agents, the CIA seeks a clear statement from the Bush administration about how far can go the agents in an effort to force the detainees to talk. These case histories tell of OLC legal findings and their implications. Part (1853.0) describes a number of OLC memos on the treatment of detainees in the "war on terror", culminating in the August 2002 agreement that became known as the "torture memos" that a narrow interpretation of the legal meaning of torture, but took a broad view of presidential war powers under the Constitution. Part of all as an assistant attorney general and head of OLC Jay Bybee must decide whether to sign the opinion. Part B (1854,0) monitors the results of torture memos, tracking the use of interrogation techniques he authorized the CIA detention centers overseas to the naval base at Guantanamo Bay, Cuba. According to some, the harsh methods eventually "migrated" in the Abu Ghraib prison in Iraq, where the abuse of detainees has become an international disgrace for the United States. HKS Case Number 1854.0 "Hide
by Esther Scott, Philip Heymann 20 pages. Publication Date: December 14, 2006. Prod. #: HKS207-PDF-ENG

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