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4 - War versus criminal justice in response to terrorism: the losing logic of torture

Published online by Cambridge University Press:  15 September 2009

Werner G. K. Stritzke
Affiliation:
University of Western Australia, Perth
Stephan Lewandowsky
Affiliation:
University of Western Australia, Perth
David Denemark
Affiliation:
University of Western Australia, Perth
Joseph Clare
Affiliation:
University of Western Australia, Perth
Frank Morgan
Affiliation:
University of Western Australia, Perth
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Summary

Osama bin Laden and other terrorists are still in hiding. Our message to them is clear: “No matter how long it takes, we will find you, and we're going to bring you to justice.” … We can have confidence in the outcome of the war on terror because our nation is determined.

President George W. Bush (2006)

In his speech to the Reserve Officers Association, President Bush joined two ways of thinking about the response to terrorism. Most commonly the President refers to the War on Terror (nine references), but he also promised justice: the terrorists will be brought to justice (one reference).

I review here the ways in which these two responses to terrorism are in conflict, and suggest the advantages of greater emphasis on criminal justice against a threat that is expected to continue indefinitely. Since 9/11, success against terrorism has come from police work embedded in a rights-oriented criminal justice system; failure has come from attempts to use military force that is not subordinated to a political framing of the problem. Torture is part of this failure.

The competing implications of war and justice for responding to terrorism

Inter-group violence, including war, is often launched in response to perceived injustice and violation perpetrated by the enemy (McCauley, 2006). It might seem, therefore, that war and justice are complementary or at least consistent responses to terrorist attacks.

Type
Chapter
Information
Terrorism and Torture
An Interdisciplinary Perspective
, pp. 63 - 85
Publisher: Cambridge University Press
Print publication year: 2009

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