Should 'Torture' be Legalised?

Abstract

International law defines torture as severe pain and suffering, generally used as an interrogation device or as a punitive measure. The utilization of the barbaric method of torture has been designated as illegal under the international law of human rights. Throughout the history of the world, there has been recorded evidence that torture was used as a primary weapon to punish prisoners and to procure information. The most noticeable event of torture in recorded history is the Holocaust, committed by Germany under the rule of the infamous dictator, Adolf Hitler, on the Jewish race. The Jewish populace in the genocide bore the brunt of extremism of the Nazis who committed the gory act of torture on innocent men, women and children. It is not a secret that torture is still used as one of the main interrogation techniques to procure information from the prisoners captured during war. World leaders and activists believe that usage of torture is a crime against humanity and it is necessary to put a blanket ban on usage of torture. However, many believe that it is within national security interest of many states to keep the world safe of attacks from foreign powers. In order to fulfil that duty, it is necessary to use any means necessary. This paper, within its ambit would try to provide logical reasoning as to why torture should be legalized and be used by states as an interrogation device which can be used to prevent significant harm to others and how it can be brought within the scope of extra-territorial application of European Convention of Human Rights (ECHR).