Example of israels use or rather abuse of this system

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Business Law and the Legal Environment, Standard Edition
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Chapter 3 / Exercise 03
Business Law and the Legal Environment, Standard Edition
Beatty
Expert Verified
Example of Israel’s use, or rather abuse, of this system to provide specific empirical evidence against the introduction of torture warrants.Torture warrants are entirely different from telephone interception or surveillance warrants. First, torture is a far greater evil than the infringement of privacy. For one thing, having one’s phone tapped or movements filmed is inherently much less distressing, harmful and morally repugnant than the physical suffering and loss of autonomy involved in being strapped to a chair and, say, having someone drill into anunanesthetised tooth. On the spectrum of evils, torture is closer to murder/killing than it is to the infringement of privacy. For another thing, torture is a far more dangerous practice than infringing privacy. For the degree of the infringement of privacy can be minimised, e.g., the information gained can relatively easily be kept strictly confidential by the police; moreover, there is no inherent reason for the police to illicitly widen a given infringement of privacy by breaching confidentiality. But in practice torture cannot be restricted likewise. The methods of torture and the process of torture exist on a continuum, and there is often an inherent reason to ‘push the envelope’ and inflict ever more severe forms of physical suffering on victims; so-called ‘torture lite’ becomes full-blooded, no holds-barred torture. IV. A cautionary tale from the real world911:Issue 1:911 is one-off or a beginning of long-standing campaignEnormous degree of uncertaintyIssue 2:From middle east, will intelligence alcalde (a yi koi dak) do more? Not enough informationIssue 3:
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Business Law and the Legal Environment, Standard Edition
The document you are viewing contains questions related to this textbook.
Chapter 3 / Exercise 03
Business Law and the Legal Environment, Standard Edition
Beatty
Expert Verified
Legal counsel has never been party in CIT narrgaationNo experience of conducting Harsh interiigation Issue 4 Reality gap:Ideal: you don’t involve CIA in activity of warBut in reality it does with substantial CIA participationGrey areaall this intangible would be taken into consideration 2 counsel want to defend for torture for GovJay Bybee (1953-)John Yoo (1967-)Attempts to provide justification for CIA’s harsh method Two legal arguments: (not persuasive) 1) they claim the US congress has defined torture to permit its us when absolutely necessary 2) the claim there will be unconstitutional to apply anti torture by interrligation ordered by President’s tackling of terrorism (they claim the President not need to submit to legal provision.) Two other issues: (not persuasive) 1) they argued if CIA is inflicting pain on prisoner, not amount to torture unless pain lead to organ failure or imminent death (they look at local health status) But actually, Interrogator don’t want to kill them, they will keep them alive If threshold is death, excessive form of pain is not torture? Wrong! 2) the infliction of mental pain only amounts to torture if it leads to lasting damage a loophole to CIA to say I didn’t not intend to cause lasting damage but temporary trauma not make sense! Cumulative effect actually can be very serious!
Bybee/Yoo memo (2002) ‘(1) attention grasp, (2) walling, (3) facial hold, (4) facial slap (insult slap), (5) cramped confinement, (6) wall standing, (7) stress positions, (8) sleep deprivation, (9) insects placed in confinement box, (10) the waterboard.’

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