Torture: The Struggle over a Peremptory Norm in a Counter-Terrorist Era

The prohibition against torture has the status of a peremptory humanitarian norm. That is, it is considered binding on all states and no derogation under any circumstances is permitted. While the practice of torture has been widespread, until recently it had come to be understood that no representatives of the state could openly admit that they would use torture for fear of being removed from office and of having their state ostracized by ‘civilized’ nations. Why, then, given the rhetorical, moral and legal status of this prohibition, is torture being debated, contemplated and even resurrected as an unsavoury and allegedly necessary course of action in this counter-terrorist era? Why has the Bush administration set about trying to reduce the scope of what is meant by torture and degrading treatment, as well as to define a category of detainee who may be subjected to coercive methods of interrogation? And what efforts are being made to restore the status of a norm that has been seen as a distinctive kind of wrong? These are the main questions discussed in an article which examines the relationship between power and norms and the power of norms.