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June 05, 2006

Torture is complicated

[ As per usual, lots of discussion on this post over at Winds of Change. ]

"How do we define "torture?" And is it ever okay to do it, and if so, what are our criteria for deciding that? At the Hadar retreat I had an intelligent reality-based conversation about the conduct of the Iraq reconstruction, and the subject came up. Torture is one of those topics - like slavery or porn - that all good people denounce unequivocally, and if your denouncements aren't vigorous and dogmatic enough, you are seen as advocating such practices. This makes it difficult to define them at all, much less examine them critically.

Recently the Pentagon's military training manual on handling detainees deleted "a key tenet of the Geneva Convention that explicitly bans 'humiliating and degrading treatment.'" Is "humiliating and degrading treatment" torture? And how do we define "humiliating and degrading"?

James Joyner has a good roundup of links on this decision, which acknowledges the competing claims of effective interrogation and humane treatment and national self-respect and our image abroad. Of course our image abroad can be influenced by over-reaction here at home, as per this bit of (unintentional?) humor:

Update: In response to this report, Abu Musab al-Zarqawi issued the following statement:
The United States is a rogue nation that practices torture and detainee abuse and does not follow the most basic principles of the Geneva Conventions. It is inviolation of human rights agreements and the U.N. Convention against torture. It is legitimizing torture by every disgusting regime on the planet. This is a policy mandated by the president and his closest advisers.
Correction: The statement above attributed to al-Zarqawi was actually from TIME magazine blogger Andrew Sullivan. OTB regrets the error.
If you can't tell Sullivan and Zarqawi apart, then you know the terrorists have won. Because, in fact, the term "humiliating and degrading" - like the word "porn" - is so vague that it can be used to ban anything, in support of a particular political agenda, and overbroad denunciations play into the hands of those who will use your shame and confusion for their own ends.

From the vigorous debate following this post, I'm going to cherry-pick two quotes by one "wf", which add more global context to the consideration of torture. Before you conclude that "wf" or I advocate for or are indifferent to torture, read the whole thing carefully:

It's your country, not mine. All I'm saying - and remember I am living in Europe and am trying to talk about the effect here - is that nobody but you Americans makes such a big show out of every mistake. Not correcting it, not doing what has to be done, but putting ash on your heads and ripping your shirts and coming to sweeping conclusions, all in front of the whole world (no shortage of Americans who will go on TV here to crap on their their homeland). How could it not encourage our common enemies? It is also undignified and it does not win you any friends.

I believe it was in November 2004 when French troops fired into a crowd in the Ivory Coast. They shot many people. Shot the head off a woman. There were some really nasty photos. But this was hardly mentioned in the evening news and in the major papers over here. I bet it was hardly mentioned in the US. Because some of these demonstrators had allegedly been firing at the troops and besides, it was a UN-approved mission, so that´s ok. Now, if it had been American troops...

I know that all this is disgusting and not the American way and you do not want to use the French or Russians as role models. Thank you for that. But you still have to deal with them, you are competing with them, and as far as I remember, many leftists accused Bush of not listening enough to those "friends and allies", and I bet that includes some commenters here.

Well, this is who they are. Aren't liberals often saying that America is too insular and should engage more with the world? This is how the world works. Many governemnts and people there do not want a nice America, they want a weak America. The world sees a pattern: an America that believes every accusation against itself, is impatient to turn on itself and will always lose its way before two four-year terms are over. And some of you still haven't realized they will have you for breakfast if you don´t watch out for yourself. You have to cover yourself (as a nation) a little better. Pull together and don't wash dirty linen in public. Why do you think nobody is talking about all the "clusterf--ks" in the world but about Iraq, where the US has (this time, at last, thanks to GWB) honorable intentions and which is not going too bad by any reasonable comparison. Hey, it´s only been three years.

J Thomas wrote: "If I had a chance to vote on Putin, I'd vote against him. I'm just as glad he isn't running for any election in my government and I hope he never does."

Very funny. It´s not all about you and your domestic concerns. Right now, Putin is selling SAMs to Iran to kill your pilots, in addition to all the other things I mentioned. Putin has his veto on the UNSC and that means he can veto your foreign policy. Yet he is not the world's bad boy, Bush is. Why do you think that is? It is plainly unjust and irrational, and the emotional weakness and immaturity projected by the American public in all directions is certainly one reason, as is the tendency of Americans to advertise their mistakes, even invented ones. It smells like weakness. I believe there is a kind of autism at work.

Recently in Germany a Pakistani (who had tried to kill a journalist over those Mohammed cartoons) killed himself in police custody. Pakistanis claimed (implausibly) he had been tortured to death and burned German flags (for a change). But Germans quite sensibly did not believe it and the story disappeared within 24 hours. I am getting the impression that in the US it would have caused a lot of hysteria, three official investigations and lots of speeches. You may think that speaks for you. I used to think that, too, but now I say it has become an obsession because it is hurting America. And if you cut and run in Iraq, the rest of the world will be sorry, too, even if they dont know it.

As Mark Steyn said:
A superpower that wallows in paranoia and glorifies self-loathing cannot endure and doesn't deserve to.
Regardless of what the guilt-mongers say, making measured and careful distinctions is not the same as throwing human rights out the window, and the opposite of "washing dirty linen in public" isn't secrecy and disregard for public opinion, it's sober public discussion. One good example of this is Jeff Goldstein's critique of both Sullivan and Joyner, which brings in some additional facts as well as viewpoint.

UPDATE: James Joyner comments on this where I reposted it at Winds of Change:

"If you can't tell Sullivan and Zarqawi apart, then you know the terrorists have won."

I must confess, the update and the "correction" were posted simultaneously. As a way of making precisely that point.

Judith | 06/05/06 at 02:16 PM | Categories: WWIV

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Blogs which link to Torture is complicated:

» Conservative Stalwart Andrew Sullivan is MORE MORAL THAN THOU (UPDATED) from protein wisdom

At the risk of prompting unstable people to issue anonymous threats against his beagle, I reprint this latest from The Daily Dish:The United States is a rogue nation that practices torture and detainee abuse and does not follow the most basic princi...

[Read More]

Tracked on June 5, 2006 08:26 PM

» The halacha of torture from Kesher Talk
Three rabbis wrote an op-ed quoting Torah to denounce the use of torture to obtain information. They were rebutting a previous op-ed by another rabbi who claims that halacha justifies torture to obtain information. (I don't think he made a... [Read More]

Tracked on October 30, 2006 08:29 AM

Comments

It is interesting for Andrew Sullivan to worry about humiliation. Isn't he the guy who makes up awards based on columnists he doesn't like and then mocks them mercilessly? Didn't he create the Raines watch and slice and dice poor old Howell? Not that there's anything wrong with that.

Barry Dauphin [TypeKey Profile Page] | June 6, 2006 12:18 AM

If humiliating or degrading behavior, by itself, constitutes torture, then a good part of the female race is guilty and should be brought up on charges for war crimes!

Hugh59 | June 6, 2006 05:54 AM

Its important to get the language precise. The Geneva Convention prohibits the following:

(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) taking of hostages; (c) outrages upon personal dignity, in particular, humiliating and degrading treatment; (d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples.


First, the Geneva Convention makes it clear that there is a clear distinction between torture and humiliating and degrading treatment.

Second, it needs to be noted that "humiliating and degrading treatment" is only banned to the extent that it reaches the level of "outrages against personal dignity."

My best understanding of the type of behavior that this would prohibit would be the alleged smearing of fake menstrual blood on Muslim prisoners. Is this torture? No. But it most certaintly is not the behavior of a civilized nation at war. Moreover, it is certainly behavior that we would want to preclude our military from engaging in.

There are most certaintly circumsances under which the question of the limits of appropriate interrogation techniques is a hard one. But it does not make any sense to extract out from those limited circumstances to create a general policy of abandoning standards against humane treatment of prisoners. It is a particularly perverted logic that leads from the hypothesis of the ticking time bomb to Abu Ghraib. Moreover, it is a counterproductive position as well.

The struggle against Islamism is a struggle of ideas. We do not win by becoming more like the enemy - by adopting its ends justifies the means mentality and absolute certainty in our own righteousness. We win by making the enemy become more like us.

Michael Pine | June 6, 2006 07:34 PM

On the one hand you have genuinely "becoming more like the enemy," on the other you have "being so afraid of becoming like the enemy that you incapacitate yourself." Between those two poles is the slippery slope. Meanwhile your enemies (and some of your friends and relatives) are happy to accuse you of being "just like the enemy" to hamstring you, even when you are not. There is a big difference between constructive criticism and greatly exaggerated accusations with the intent to guilt-trip the victim into emotional paralysis, which is a blatant propaganda technique the Islamist and their Western lefty friends use all the time.


Our treatment of prisoners is humane the vast majority of the time. Abu Ghraib was an abberation, and most of the prisoners at Guantanamo are treated far better than they were at home (even the Red Cross found so). I think our military is very aware of the negative and positive PR resulting from different kinds of treatment.


We would have to go some distance to become "like the enemy." These techniques aren't anywhere near what the enemy does as a matter of course. I think "wf" makes a good point that constant handwringing (as distinct from actually having a humane policy) isn't good PR either. Muslims don't necessarily like us more because we do so much of it.


There is considerable anecdotal evidence that the Iraqis don't care about Abu Ghraib. They have memories of how Saddam treated prisoners there, and they have IEDs to worry about now, and they are cynical about their "Arab brothers" making a big deal about AG, who didn't lift a finger to help the Iraqis when Saddam ruled.


I think we both would agree that the guilt-tripping technique exists, and that the potential for abuse in interrogation exists; perhaps we differ in emphasis. I know we didn't obsess this much in WWII, and we did some nasty things, but we were the good guys anyway.

Judith | June 6, 2006 09:02 PM

More on the propaganda aspect: Islam uses "being offended" as an excuse for mass murder and rioting and burning things down (ex: Sharon on the Temple Mount, the Mohammed cartoons, honor killings, the Koran in the toilet lie, and the whole rationale for Al Qaeda).


At some point this is crying wolf, and I can't take it seriously anymore. I don't accept torture or bad prison conditions, but Muslims seem to want to convince us that they are constantly humiliated by our culture anyway, so what's one more panty on the head, if it's for the purpose of extracting useful information? Which Abu Ghraib wasn't - the humiliation was pervasive and gratuitous, it was the opposite of a careful focused interrogation strategy for particular individuals because it has been determined what would be likely to work.


I know this makes me horrendously politically incorrect, but irreverence is a crucial component of American civilization. If Islamists are going to be shocked by every little thing, they are going to get panties on their heads. I think that's fair, and I don't think it will lose us any friends. (Real friends, not the pissy academic left or pissy UN apparatchiks.)

Judith | June 6, 2006 09:33 PM

Judith | June 6, 2006 11:14 PM

Is this torture? No. But it most certaintly is not the behavior of a civilized nation at war.


You're right, we should be fighting a civilized war. A civilized nation at war may shoot enemy combatants on sight. If those enemy combatants are not wearing a uniform, a civlized nation at war isn't even required to accept their surrender. We can cap them all and and leave them to rot, all according to the most civilized guidelines.


There is no guarantee that a live terrorist will give us good information about potential bombs/bombmaking, but we know that a dead one won't be making any bombs. Besides, their computers and the info in their residences are usually better sources of information. Those are worth preserving.


The struggle against Islamism is a struggle of ideas. We do not win by becoming more like the enemy - by adopting its ends justifies the means mentality and absolute certainty in our own righteousness. We win by making the enemy become more like us.


This is not the cold war and it's not a 'struggle of ideas'. The enemy and their potential supporters do not want to become more like us. In fact, that goal makes them angrier than panties on their heads. They want to kill us in order to defeat us, to gain more money, land and power. And we tell them they should give up their goals of gaining money, land and power because we're so good and righteous?


You don't win wars by being good, you win by dismantling the enemy's infrastructure and getting them to genuinely surrender. That's war, civilized and/or not.


When your enemy attacks in a way that's meant to annihilate thousands, with no declared reason and no negotiation, that's a good sign that this is not an ideological war. It's just war. But we should strive to be civilized.

mary | June 7, 2006 12:49 AM

Refraining from humiliating prisoners is far from "incapacitating" ourselves from fighting against terror. It is incumbant upon America to act morally and honorably for its own sake, not just for propaganda purposes. Abu Ghraib offends me and should offend all Americans regardless of whether some Iraqis shrug it off in comparison to Hussein's brutality.


The fact that both Jenin and Abu Ghraib elicited howls of protest doesn't change the moral calculus of those two events. The targeted, limited use of force against armed terrorists in Jenin was justified even with the collateral damage. The naked pyramids of unarmed prisoners (most of whom were picked up on dubious tips from Iraqi informants) in Abu Ghraib were wholly unjustified.


The issue is whether putting a "panty on the head" is standard military policy, not whether it is an appropriate interrogation technique in an exceptional circumstance. Abu Ghraib is the logical conclusion of having no policy against humilation and degradation of prisoners. We should not have American soldiers engaged in such practices - if for no other reason then to preserve their own honor.


Michael Pine | June 7, 2006 12:07 PM

This is relevant.


If we want to fight a succesful war against an intrasigent enemy who uses asymetric methods, we should look to methods that have been successful in the past.


The British offer the worst example of how to fight terrorism. They use two methods - appeasement and/or targeting civilians (fighting terrorism with terrorism). They combine their ineffective methods with the assumption that they are fighting, not for practical goals like self-defense, but to defend goodness, righteousness and civilization. As a result, a small issue like bad publicity can destroy their 'ideological' war. Their terror-'fighting' methods have always been unsuccesful. Lately, we appear to be following their lead.


If we believe that the purpose of the Jacksonian war is to deliberately target civilians ( I don't agree that it is, but that's a different issue), then that wouldn't be an effective role to follow. WWII was fought against an intransigent enemy, but it was a direct, declared war.


[We should note that these "Jacksonian" (or Rooseveltian) methods did, you know, win the war. They also paved the way for the Marshall plan, which wouldn't have worked if we'd allowed the fascists to stay in power]


To find an effective method for fighting Islamist asymetric warfare, we have to reach all the way back to Jefferson. But now even Jefferson's methods seem to be too extreme.


The goal of a war can't be to make the enemy good or 'more like us'. The goal of war can only be to win. That's the point of it. If civilized men like Roosevelt and Jefferson are considered to be too extreme, if their successful methods don't fit our ideological goals, then we should ask ouselves if we really have the stomach for waging war. If we don't, then we shouldn't.

mary | June 7, 2006 05:43 PM

I agree Abu Ghraib wasn't justified, and it was offensive for all the reasons you give. But it was an abberation caused by lax discipline, not policy. And it was a huge international deal because it was relentlessly harped on by the media. Otherwise it would be a disgusting breach of discipline and policy which would be prosecuted and cleaned up and steps taken to make sure it didn't happen again, and that would be that. That is "wf"'s point, and my point about what the Iraqis think.


Instead - for most of the West - it has come to stand for the Iraq War, instead of the removal of one of the worst tyrants of the past 50 years or our successful roll-up of terrorist gangs or restoration of law to many communities or our training of the Iraqi military or the formation of the Iraqi government.


I think Michael's position is that removing that clause in the manual will clear the way for more Abu Ghraibs. I think it's to ensure that if we need to interrogate prisoners, we can do so using means that are much more humane than physical torture. And more effective too. I think it's possible that if you received info about the war in proportion to actual events, Abu Ghraib wouldn't be the first thing you think of, because it shouldn't be. Which is not the same as saying it should be excused. It is just not representative of what we are doing.

Judith | June 7, 2006 06:45 PM

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