The essay should be typed (double spaced). Margins should allow sufficient space for marker to comment on the text. It should be properly footnoted at the bottom of each page. Do not use a bibliography.
Length: 2500 words (not including footnotes or bibliography). A range of 10% either side of 2500 words will be acceptable.
The essay must comply with the Australian Guide to Legal Citation.
Question 1.
1. (a) What is torture and how has it been defined in international instruments prohibiting it?
(b) Under the doctrine of “act of State”, can an individual be shielded from criminal responsibility for an act he or she committed in the name of or as an agent of a state? Which ICTY case amended the definition of torture and how? What three elements of the torture definition remain contentious?
(c) Why do States / individuals torture? Is it effective? Why or why not? Explain with reference to the experience of one of the following: Israeli, American or French experience.
(d) What is the ticking time bomb scenario? Analyse the scenario on an ethical basis. What is the view of Alan Dershowitz? What is the contrary view?
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