History

It occurs to me that one of the topics I am supposed to cover is the history of torture, and while I have covered it in several places in a very informal manner, I realized I should also cover it more formally.


Christopher Einolf provides a good overview of torture in his article, "The Rise and Fall of Torture: A Comparative and Historical Analysis," even though he limits his definition of torture beyond the definition I laid out earlier. (For example, he does not consider torture as punishment; instead he places it under the category of corporal punishment. For the most part, this does not affect his analysis for our purposes, except for the fact that he does not consider medieval torture because "pain was an incidental part of a procedure designed to ascertain God’s opinion of whether the person was truthful or untruthful, guilty or innocent" [103] and not the end goal.) I have also relied on sources such as Lynn Hunt's Inventing Human Rights: A History in presenting my timeline.

• Ancient History: The Romans tortured citizens who committed treason, second-class citizens that committed serious criminal acts, and Christians (whom it was considered had committed treason by refusing to worship the emperor). The Greeks tortured slaves and foreigners, but torture of citizens was prohibited.
• Medieval History: Torture was most commonly used on slaves and foreigners, but citizens could be tortured for repeated criminal acts.
• 12th Century: Torture became more common for citizens, mostly due to a high burden of proof for criminal cases: torture was commonly used to obtain a confession so judges could make a finding of guilt.
• 18th Century: Society begins to see torture as an incursion on an individual and not an acceptable method of finding the will of God or healing a community injured by a crime. European governments begin to completely renounce the use of torture.
• 19th Century: Torture is illegal throughout Europe by 1851. Scholars debate whether the incidences of torture actually decreased in the 19th century, or whether our perception is that it decreased because of a lack of documentation.
• 27 August 1874: The Project of an International Declaration concerning the Laws and Customs of War is formalized in Brussels. This establishes that Enemy Prisoners of War (EPWs) must be treated humanely.
• 18 October 1907: Convention (IV) respecting the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land is signed in the Hague. This more formally establishes that EPWs must be treated humanely.
• 20th Century: Torture is still used widely throughout the world. Torture becomes more common with the spread of communism and fascism.
• 10 December 1948: The Universal Declaration of Human Rights is signed in Paris. It prohibits torture, inhuman, and degrading punishment without exception.
• 1948-1949. The Geneva Conventions formalize the requirement that EPWs must be treated humanely.
• 1960s - 1980s: Military dictatorships in central and south america use torture widely against indigenous and peasant citizens. These dictatorships are more or less supported by the United States despite their human rights violations because of they are "allies" in the fight against communism.
• 16 December 1966: The International Covenant on Civil and Political Rights is published (UN G. A. Res 2200A). It is the first legally binding treaty that covers torture of all persons, not just EPWs.
• 9 December 1975: The Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is published (UN G. A. Res 3452). This resolution is the first to extensively discuss torture on the international level, but does not go far enough.
• 10 December 1984: The Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment is signed (UN G. A. Res 32/46). It expands the Declaration and establishes the Committee Against Torture (CAT).
• 17 July 1998 Torture is made a crime against humanity and a war crime by the Rome Statute of the International Criminal Court (A/CONF.183/9)
• 18 December 2002: The Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment is signed (A/RES/57/199). It establishes a Subcommittee to the CAT charged with visiting places that are still susceptible to torture and assisting states in conforming their legal codes and practices to international standards.

In his book International Human Rights, Jack Donnelley notes the increasing strength of human rights regimes around the world, starting in 1945 when virtually none existing, and running through today, when many exist for a promoting human rights on a wide variety of fronts. The history of torture is similar in that while it is still used, we have at least reached an age where there is a world-wide understanding that the use of torture is not acceptable, regardless of a person's group status (foreigner or other marginalized group) or criminal culpability (or lack thereof).

References:

Donnelly, Jack. International Human Rights, Third Edition. Boulder: Westview Press, 2007.

Einolf, Christopher J. "The Fall and Rise of Torture: A Comparative and Historical Analysis." Sociological Theory. 25.2 (2007): 101-121.

Hunt, Lynn. Inventing Human Rights: A History. New York: W. W. Norton & Company, 2007.