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16 British J. Pol. & Int'l Rel. 1 (2014)

handle is hein.journals/bhjlplcs16 and id is 1 raw text is: 



BJPIR: 2014 VOL 16, 1-27


Contesting the International

Illegitimacy of Torture: The Bush

Administration's Failure to

Legitimate its Preferences within

International Society

Vincent Charles Keating

Research  Highlights  and Abstract
This article,

•  is a contribution to the theoretical debate over whether the Bush administration's
   defection from international torture norms led to a norm cascade favouring the Bush
   administration's preference for a more lenient definition of torture;
•  is a contribution to the theoretical debate over the relationship between material
   power  and the ability to legitimate preferences in international society;
•  is a clarification of the utility of material capabilities with respect to legitimacy;
•  is a detailed historical presentation of the discursive interactions between the United
    States and other states within international society over the defection of the United
    States from the torture norm which is currently not present in the literature.

This article examines the effect of Bush administration's human rights preferences during the war
on terror with respect to torture by analysing a large-n sample of public legitimation strategies of
both the United States and other members of international society. The article asks two questions:
first, has the defection of the United States from these human rights norms led to a 'norm cascade'
that delegitimized the norms? Second, did the material preponderance of the United States help it
to legitimate its preferences in international society? The article argues that despite initial ambiguity
in the response to the Bush administration's preferences from key liberal states, there is little
evidence by the end of the Bush administration's term that a core group of states supported their
preferences, nor did its material preponderance help the Bush administration to legitimate its
position.




Keywords: human rights; international relations   theory; trust; legitimacy

Since the terrorist attacks of 11 September 2001, human  rights scholars and prac-
titioners have expressed concern over counterterrorism  policies that have led to a
reduction  or elimination of human  rights protections in the name of security. Of
particular concern were policies enacted by states within the liberal Western zone,
the same  states that had contributed significantly to the expansion and entrench-
ment  of the international human  rights system since the end of the Second World
War  (Landman   2006, 124; Dunne  2007, 270), including the Bush administration's
support  for, and use of, 'enhanced interrogation techniques'. The  apprehension


\!fl@'. Political Studies      © 2013 The Author. British Journal of Politics and International Relations © 2013
-ii:0 Association              Politica Studies Association


doi: 10.1111/1467-856X.12024

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