Ethics of Rendition Essay

This chew over begins by stating that nulla poena sine lege, intend that no mortal whitethorn be punished except in con trunkity with the rightfulness. In every instance, thither mustinessiness be a natural law regime and prescribing penalty. Further to that non omne quod licet sightlyum est, consequence that non everything that is tolerable or regular(a) lawful is h matchlessst or honorable. at that place be limitations in respect of this maxim. Finall(a)y, it would in any case like to enounce that apices juris non sunt jura or non congruit de apicibus juris dis gear up be, meaning that legal principles must non be carried to their close to utmost(a) consequences, regardless of equity and true sense.This check deems it fit to address the retort of translation within the one-third maxims menti mavind there above. It is value while to none that translation is not scarcely a legal issue but excessively an respectable issue, so to speak. Therefore this ruminate impart charter into consideration several estimable theories to improve the theoretical perspective of this study. The section on findings and discussion testamenting give a critical synthesis between law and object lessonity discussed in this study. This will also be the part where this study will give its own stance regarding honorables of interpreting.Re wait Questions Q. To what extent drop rendition be justify? Q. Is it justifiable in law and in moralisticisticity? literary works Review This section will seek in depth the notion of rendition and its imp cloak on contemporary society. It will look at how diverse administrations feel nigh it especially in the united States. Rendition is defined as the play of shifting a psyche from one nation to an opposite for imprisonment and scrutiny through the use of torturing, which would not be permissible if they remained in a certain(a) orbit. erratic rendition involves the transportation of venture unconnected terrorists or other persons guess of abuses, to other countries for interrogative and imprisonment. Looking at the above definition one provide already dismiss the rationale of rendition off-hand. Just sooner even acquiring to the aspect of twist in it, wherefore would a government compress improvement of another orbits laws? why is it hard for such a government to act out laws friendly to rendition in their own country? There be so many other queries that enquire to be addressed here.It is believed that the invest of surpassing rendition is to make suspects provide light information by torturing them. These suspects argon either sent to facilities sponsored by the US government or can be left in the hands of foreign governments. As mentioned earlier, suspects be transported to countries whose laws do not prohibit torturing and abusive treatment. In this regard, remarkable rendition allows acts of torture to contendds detained suspects so far the occurrence that torture is an discourtesy, at least, on a lower floor worldwide law no bet the cost.This lend oneself is believed to restrain begun back in 1990s but gained its momentum down the stairsmentioned the September 9/11 attacks on US. It is also believed that this policy re-appeared during the reign of schnozzle Clinton although it grew in strength during the reign of George Bush. It is estimated that cl foreign nationals hand been victims of torture as a result of rendition in the last few years alone. In most cases this foreign nationals have purportedly been suspected for terrorist acts.After their transportation, detention and interrogative takes prat in countries like Jordan, Egypt, Diego Garcia, Iraq, Afghanistan, Egypt and Guantanamo. Robert Baer, the actor CIA agent, is on record for having said that if one wants a serious interrogative sentence then(prenominal) the culprit should be sent to Jordan. If the aim is to torture them then the outgo plac e would be Syria and if the aim is to make a victim disappear and never to be seen again, then the best place would be Egypt. There are allegations that US newsworthiness agencies have sent terror suspects for interrogation by security officials in different countries.By so doing, they put them in a situation where they cannot be defend by the American Law. Some persons avow that they were flown to countries like Syria and Egypt by CIA agencies where they were tortured. The US government and its intelligence agencies believe that their operations are legally justified. Even though US officials agree that terror suspects have been transported to other countries for interrogation, they vehemently deny that acts of torture take place when they get there.The former US Secretary of State Condoleezza Rice is on record for having said that all American interrogators act within the UN host on Torture. She went nurture to state that they perplex to this conclave while exercising their duties in US or in another country. There are several documents that detail mercifulity rights legislation, for instance (a) deuce-ace and Fourth geneva chemical formulas (b) usual result of charitable Rights (UNDHR) (c) coupled Nations concourse Against Torture (UNCAT) and (d) US Constitution. Surprising luxuriant is that US government is a signer of each of these treatises.This study believes that by the fact that linked States identifies with the principles in each of these documents it should be the first nation to safeguard victims against acts of torture. Nonetheless, the depressive disorder is that US promotes extraordinary rendition in the name of fight on terror. accordingly why would one not censure US government of hypocrisy or cynical relativism in terms of its inscription to merciful rights and civil rights laws? Moreover, the fact that US are a signatory to the abovementioned documents it demand to terminate programs that violate human dignity.The T hird and Fourth Geneva Conventions The Geneva Convention set the standards for international law as far as humanitarian issues are pertain. Its central concern was the treatment of civilians as well as prisoners of war. Its principles safeguard against human rights violations and establish universally acceptable standards and approaches relating to detained victims in times of war. The Convention for masterys any form of physical or mental torture or any other lovely of coercion towards suspects in a bid to gather information from them.It further states that even if the prisoners fail to open up during the interrogation treat they should not be affright or abused or abuse for that amour. The customary Declaration of Human Rights The 5th obligate in the Universal Declaration of Human Rights states that no person shall be put to torturous acts or untamed treatment or punishment. apart from providing an injunction against torture it further restricts the recitation of degra ding treatment or punishment.In the sixth term, it states that every person has a right to recognition before the law no matter where the person is or could be. The eighth article invalidates the CIAs practice of extraordinary rendition. This article states as follows Everyone has the right to an effective indemnity by the competent national tribunals for acts violating the aboriginal rights granted him by the organization or by law. This study believes that whenever prisoners are transported to other countries chances that this protocol will be observed are quite minimal.The one-ninth article prohibits the arrest of persons with no congruous justification, including detention or exile. This provision prevents join States from carrying out extraordinary rendition activities. The tenth part article essentially invokes what in Latin can be termed as habeas dealer which literally subject matter that one may have the body. It is a writ enjoin a person to be brought before a co urt or test so that the court may fix whether his detention is lawful or not. coupled Nations Convention against TortureThis convention has an international scope on human rights protection. This Convention is greatly endorsed by the join Nations and its honoring is extremely mandatory for all the subdivision states who are signatory to it. As mentioned earlier, unite States is a signatory of this document so it has no option but to adhere to its provisions. This Convention states that all signatories should create curb measures to safeguard against torturous acts within their territories and prohibits countries from transferring persons to other countries so that they might torture them.clause two states that every state ought to model appropriate legislative measures, administration and legal measures to fight any elements of torture below its jurisdiction. It further states that under no mess can torture be justified. The stack could be a state of war or a threat of war or public emergency. It also does not matter whether such orders come from the fall officers, torture remains unjustified. In article three it states that no person may be transported to another state to be interrogated or tortured simply because that countrys laws allow it.The Constitution of the United States It is quite impressive to discover that the practice of extraordinary rendition is not only prohibited as seen in the three Conventions discussed above, but the US constitution is against it as well. The Fourth, Fifth, Sixth and Eighth Amendments are a clear indication that US holds a no-policy towards extraordinary rendition. These amendments prohibit arbitrary search and seizure of individual and/or billet it also invokes the right to referable process of law, as in, the concept of habeas corpus mentioned above.In this light, US government contradicts the spirit of its constitution whenever they indulge in extraordinary rendition. Deontology versus Utilitarianism Deo ntological moral theory is also a Non-Consequentialist moral theory. While consequentialists believe that the end continuously justify the means, deontologists assert that the rightness of an work is not simply qualified by maximizing the good alone, it must be that the action fulfils what is considered moral. It is the inherent nature of the act alone that determines its ethical standing.Or cleanse still, utilinitarianism believe that one should always knead the good in his/her actions while deontologism believes that it is not the pursuit of the good but it is the moral worthiness in the act. Virtue morals is not much concerned with rules, consequences and particularised acts but it puts more emphasis on the subject of the actions. In other words, it is enkindle with the person who is responsible for acting. It holds that acting in accordance with given rules or analyzing the good outcome of the actions is not what should only count.The most primary thing is whether the sub ject of the actions, in this case the individual, exhibits elements of good character or moral chastitys or not. Unlike utilitarianism which is concerned with the maximization of the good in performing a given act, merit morality instead, steeringes on the moral quality exhibited by the agent of the actions. Therefore, the dictum that the end justifies the means has no place in virtue ethics. On the other hand, deontologism is somehow a normative approach to ethics which typically evaluates the actions of an individual in relation to moral standards in the objective order.Both utilitarianism and deontology focus on the actions of the agent contrary to virtue ethics which is a complete change form to the subject that is acting. Findings and Discussion Throughout this study it can be seen that there is no where that extraordinary rendition has been justified. The reader taking part in this study can intelligibly ascertain that rendition has no place either in law or in morality. Furthermore, it cannot be justified no matter the circumstance. This study however believes that persons who destabilize peace and stability should be dealt with accordingly.In any way, they should be eliminated in the society. Looking at the intention of extraordinary rendition, it stands justified in that it serves as a deterrent kind of punishment. Literally, it makes the culprits pay for the wrongs they have committed. In the contemporary society crime cannot be something that anybody will brush under the carpet, it is important that preventive measures be put in place. The Conventions discussed in this study clearly indicate that extraordinary rendition is an offence in law.Now, the problem is that this study does not understand to what extent each of these Conventions applies. It was express very clearly that signatories to these Conventions are give by them so do these comparable Conventions apply to countries like Syria, Jordan or Egypt which are clearly the preferred d estinations for acts of interrogation and torture. This study cannot fail to mention that most countries, or instance, Syria or Egypt are sovereign and with legitimate constitutions. Could it be that their constitutions allow extraordinary renditions?Or is it that their laws do not care about such practices? This means that a country need not legalize torture but the fact that its laws say zipper about acts of rendition it becomes a fence to practice them. From a utilitarian ethical viewpoint, the end qualifies the means so spacious as the acts brings desirable end. This means that utilitarianism supports extraordinary rendition insofar as it will eliminate same crime occurring in the future. On the contrary, deontological ethical viewpoint believes that what should be investigated is the act itself not the consequences.As such, torture is immoral whether a nation recognizes it in law or not. This study confidently declares torture an immoral thing and something that should not be used as a form of punishment. Finally, this study would like to recite that the contemporary world needs to enact stiff measures to ensure that all criminals have been completely wiped out. No person should baffle another persons peace. It also believes that due process of law is the best way to deal with criminals. Imprisonment in itself is maximum punishment since it denies such criminals opportunities for further commitment of crime.Conclusion This study has explored the meaning of extraordinary rendition and its implications. So far, there is no where in this study has it been justified. overmuch of its practice has been adopted by the United States government in its war on terror. From the Conventions it is clear that the practice of torturous acts remains entirely prohibited no matter the cost. It has also been indicated that the major proponents of extraordinary rendition, the United States for this matter, prohibit such practice in their constitution.This study has als o highlighted two ethical standpoints namely deontologism and utilitarianism. Inasmuch as utilitarianism justifies the means due to the perceived good it does not declare oneself any justification for extraordinary rendition. So, human dignity should be upheld at all times. This study invites persons with malicious intentions to reconsider their attitudes and shelve practices that would make them be treated inhumanly. Bibliography Alfred W. McCoy, (2006). A Question of Torture CIA Interrogation from the chilliness War to the War on misgiving ( sensitive York, metropolitan Books) p. 60.Craig R. Ducat, (2000). Constitutional Interpretation Rights of the Individual, Vol. II (Belmont, Wadswoth/Thomson Learning), E33. 18 Garret T. (2005). Virtue Theory. capital of the United Kingdom world(prenominal) Committee of the Red Cross, International Humanitarian Law Third 1949 Geneva Convention. http//www. icrc. org/ihl. nsf/FULL/375? OpenDocument> Jeremy Brecher et al. (2005). eds. , In the Name of res publica American War Crimes in Iraq and Beyond, (New York, Metropolitan Books) p. 304-5. Korsgaard, Christine M. (2003). Punishment & Legality Extraordinary Rendition. New York Cambridge UniversityNoam Chomsky, (1999). The Umbrella of U. S. Power The Universal Declaration of Human Rights and the Contradictions of U. S. Policy (New York, seven Stories Press) p. 71. Office of the United Nations High Commissioner for Human Rights, Convention Against Torture and Other Cruel, dusty or Degrading Treatment or Punishment, http//www2. ohchr. org/english/law/cat. htm> Schumpeter J. (2006). The Understanding of Deontology chaste Theory. Oxford University Press Stephen Grey, (2007). Ghost Plane The genuine Story of the CIA Rendition and Torture Program. New York.