ABSTRACT

Conceptualizing torture as a crime of obedience implies that it must be understood in the context of the policy process that gives rise to it and of the authority structure within which this policy is carried out. This chapter looks at the policy process and the authority structure to identify the major determinants of acts of torture as well as the major correctives against these practices. Democratic countries are less likely to practice torture precisely because of the nature of the policy processes and the authority structures that characterize such societies. While individual and cultural factors are important determinants of torture, they operate in interaction with the policy process and the authority structure that ultimately give rise to the practice. There are social conditions under which democratic cultures that ordinarily respect human rights may sanction torture, just as there are social conditions under which ordinary, decent individuals may be induced to take part in it.