Some governments are defying international law in the name of "counter-terrorism" and national security, writes Sean Love
The so-called "war on terror" has led the most powerful country in the world into a very dangerous place where everyone's security is undermined.
Torture and ill-treatment in custody at the hands of US personnel in Iraq, Afghanistan, Guantanamo and other secret locations have been documented.
The US administration has gone to great lengths to restrict the application of the Geneva Conventions.
It has sought to justify the use of coercive interrogation techniques, the practice of holding people in unacknowledged incommunicado detention, and the "extraordinary rendition" or illegal handing over of prisoners to third countries - countries that practise torture.
The administration has also sought to redefine torture, limiting its definition to physical pain on a par with organ failure, impairment of bodily function or death.
Bush administration documents reveal the president stated in a central policy memorandum in 2002 that although the US's values "call for us to treat detainees humanely", there are some "who are not legally entitled to such treatment".
The documents discussed ways US agents could evade the prohibition on torture, and prevent future prosecutions of US agents for war crimes.
White House spokespeople have described the uncharged and unrepresented Guantanamo detainees as "terrorists" and "very dangerous people". Following the revelation that children as young as 13 were among the detainees, a senior Pentagon spokesperson said "despite their age, these are very, very dangerous people" on a "terrorist team".
Bizarrely, a number of these "very, very dangerous people" have been released straight back into society, without any explanation or apology, after months and even years of detention. Apparently they were "mistakes".
US secretary of state Condoleezza Rice insists that "the US does not permit, tolerate or condone torture under any circumstances". In fact, there is evidence that the US administration has sanctioned interrogation techniques that violate the UN Convention against Torture.
She has also claimed that "extraordinary rendition" is permissible under international law. It is not. Flying detainees to countries where they may face torture or other ill-treatment is a direct and outright breach of international law, with or without so called "diplomatic assurances".
The detainees are known to end up in countries that use or tolerate torture in their interrogations, but Dr Rice says the US government seeks "assurances" from the receiving nations. These assurances are meaningless. Countries known for systematic torture regularly deny it.
To criticise the US administration's policies is not to suggest that the US legal system is incapable of restoring confidence that true justice has no double standards, and the US Supreme Court has made some important judgments in this regard.
Similarly, Thursday's judgment by the UK law lords reconfirmed the absolute inadmissibility of "evidence" obtained through torture except in cases against the alleged torturer.
Amnesty International has flight records for six CIA-chartered planes used for "extraordinary renditions" from September 2001 to September 2005.
According to the US Federal Aviation Administration, these six planes made some 800 flights in or out of European airspace during that time.
They are identified as having landed 50 times in Shannon and taken off 35 times, suggesting that some flights were kept secret. None of these were military transport planes.
All European countries - including Ireland - must investigate promptly allegations that their territory has been used to assist CIA-chartered flights secretly transporting detainees to countries where they may face disappearance, torture or other ill-treatment.
Pending the results of such an investigation, all states must ensure that their territory and facilities are not used to assist "extraordinary rendition" flights.
Whether or not actual victims are found on these planes is not the only issue. The knowledge or belief that the planes are engaged in an illegal process is sufficient to implicate any country in a clear breach of international law. Thus, allowing monitors on to flights passing through Shannon would be helpful, but in isolation, inadequate.
Many European governments have announced their own investigations, including Iceland, Sweden, Portugal, Italy and Germany. Why not Ireland?
The UN special rapporteur on torture has consistently warned that "diplomatic assurances are unreliable and ineffective in the protection against torture and ill-treatment", and has called on governments to refrain from their use. Will the Irish Government invite him to become involved in an investigation?
The Council of Europe (CoE) opened an inquiry on November 21st into the allegations. It wrote to all governments asking them to report by February 21st. It would be useful to know what process the Irish Government has put in place to respond to the very detailed memo from the CoE. When will the Government publish its response?
When the most powerful country in the world thumbs its nose at the rule of law and human rights, it grants a licence to others to commit similar abuse with impunity. Some governments are openly defying international law in the name of national security and "counter-terrorism".
Today is Human Rights Day. Human rights embody the common values and universal standards of decency, dignity, equality and justice. They are the basis of our common security, not a barrier to it. We must resist all efforts to dilute the absolute ban on torture. If the international community allows this fundamental pillar to be eroded, it cannot hope to salvage the rest.
Sean Love is executive director, Amnesty International