The use of torture by the Bush administration has raised important questions regarding the strength of the torture taboo. Did US torture signal a regress of the torture prohibition? This article examines the attempts by the United States to re-define torture to better reflect its interests. However, rather than seeing this as a case of norm regression, I show how the United States failed in its revisionist attempts to legitimise its interpretation of torture in international society. The torture taboo remained resilient to US challenges, demonstrating not only the difficulty of norm revisionism but also the robustness of the torture taboo.
The outbreak of COVID-19 in early 2020 provided cover for some states to take strict and hostile measures against refugees and asylum seekers, thereby privileging self-regarding over other-regarding or cosmopolitan-oriented policies. The hostile measures, which have included detentions, pushbacks and other refugee deterrence actions not only appeared to shake the refugee system, but they increased the vulnerability of asylum seekers and refugees who continued to be exposed to torture, drownings at sea, trafficking and sexual violence. This development, which included a fine-tuning of some measures that had been hatched before the emergence of COVID-19, appeared to set back efforts to nurture the bonds of global human solidarity and expand moral and ethical boundaries beyond state borders. However, the international refugee regime continues and is supported by many states and other international actors that seek to emphasise cosmopolitan and other-regarding policies. The resilience of the refugee system underlines the fact that international society has a practical and moral basis to challenge exclusionist policies towards asylum seekers and refugees, prevent future harm that might result from asylum deterrence policies and develop more humane forms of international refugee governance.
The escalation of the violent conflict in Sri Lanka since 2006 has put the spotlight on the role torture played as a military strategy against the Liberation Tigers of Tamil Eelam (LTTE). Despite Sri Lanka being a State Party to major United Nations treaties on human rights, the Sri Lankan government secretly used torture to gain confessions, intelligence and to punish the LTTE. Torture techniques were brutal, including burnings with soldering irons, beatings and electric shocks. How was this use of torture possible? Using a discursive practices approach, I examine how a 'reality' was constructed that placed the LTTE outside moral boundaries and made the use of torture possible.
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