Dear Friends: The Maiden is traveling, and will post no new messages until early next week.
Tuesday, July 31, 2007
Monday, July 30, 2007
Torture, Ticking Time Bombs, and the Part of the Report that WAS Read
A clumsy way to do ethics is to take the worst case scenario and use it as raw material from which to manufacture ethical strategies. I remember one or two (thankfully, not more) of my ethics professors doing this in my college days. Your mother is being attacked by a crazed rapist. You have a gun in your hand. What ought you to do? or You have the opportunity to assassinate Hitler. Should you go for it?
Worst case scenarios (or thought experiments, as the professional philosophers like to call them) are bad ways of doing ethics for the obvious reason that they're so unlikely. I suppose it's possible that someone could try to rape your mother in front of your eyes, or that you might have the opportunity to assassinate a meglomaniac dictator, but the chances are against it. So why use such scenarios as test cases? Far better to generate ethical principles and moral strategies from realworld scenarios.
Much of the torture debate in North America (but not so much elsewhere) either explicitly assumes or has in the back of its mind a worst case scenario: the ticking time bomb. A weapon of mass destruction has been planted in Manhattan or Los Angeles. Authorities have captured the terrorist who knows the WMD's precise location and the exact time of its detonation. May they torture him to save hundreds of thousands of lives? Put in less Hollywoodish terms, the scenario is one that stresses urgency: may we torture someone to prevent an imminent disaster from befalling innocent people?
History has shown that this is an unlikely situation. There is no known actual ticking bomb torture case. These sorts of things may happen on shows like "24," but not in real life. The intelligence that interrogatory torture obtains is generally (a) unreliable, (2) small change of little importance, or (3) already known for the most part by the torturers. And as this blog has documented over and over, most torture isn't interrogatory anyway. Its purpose is to punish, to intimidate, and to assert authority. It's these types of situations, not improbable ticking bomb scenarios, that ought to be the test cases when debating the ethics of torture.
Now, I raise this obvious point because the 2004 Schlesinger Report on torture, which I introduced in an earlier post, discusses torture and morality exclusively in terms of the ticking bomb scenario in a brief Appendix H. The analysis is astoundingly simplistic. "Most cases for permitting harsh treatment of detainees on moral grounds begins with variants of the 'ticking time bomb' scenario," write the Report's authors. The reader's expectation is that this is a preliminary to taking a different, more fruitful approach. But the expectation is quickly disappointed, because the authors slide right into a strangely coy justification of torture from a ticking bomb perspective--as if no other torture scenarios either exist or are worth considering.
In a stressful ticking bomb scenario, the Report continues, it's understandable that military personnel would be tempted to use torture. But "a morally consistent approach...would be recognize there are occasions when violating norms is understandable but not necessarily correct." So if a soldier indeed does step over the line, he or she must do the honorable thing and turn themselves in to their superiors.
Huh? What this amounts to is: if you torture, be sure to do the right thing afterwards. What about doing the torture itself?! Here it is: military professionals much "accept the reality" that in some situations "morally appropriate methods to preserve...lives may not be obvious." "The tension between military necessity and our values will remain."
So, it appears that the prevention of torture isn't a priority for the Schlesinger Report, perhaps because it thinks of torture only as a desperate attempt to forestall absolute calamity. The problem, of course, is that "absolute calamity" is a relative term, and what seems calamitous to one interrogator may not at all seem so to another. The give-away is the Report's use of the term "military necessity." This is a weasel expression that can be used to justify nearly anything.
Perhaps the most ominous line in the whole Report is this: "National security is an obligation of the state, and therefore the work of interrogators carries a moral justification." But it's not entirely clear if this means that interrogators ought not to torture because such behavior would reflect badly on the state, or if torture is ethically permissible because interrogators are working to preserve the state. Given that the Report identifies the necessity for torture with ticking bomb scenarios, thereby implying that torture only occurs in situations of immediate and horrible urgency, the latter interpretation seems most appropriate.
Incredible.
Posted by The maiden at 5:05 AM |
Labels: morality of torture, Schlesinger Report
Friday, July 27, 2007
Torture, Moral Disengagement, and the Report That Wasn't Read
I've been re-reading the Schlesinger Report lately.
Posted by The maiden at 1:50 AM |
Labels: Bandura, moral disengagement and torture, Schlesinger Report, Zimbardo
Thursday, July 26, 2007
Torture, US-Style: Slip-Ups in Mike McConnell's "Meet the Press" Interview
You'd think a National Intelligence Director would be a little more discrete. But the revelations about torture that Mike McConnell let slip last Sunday on "Meet the Press" are such that he's probably had his lips sewn shut this week. Or at least he might've, if the US public gave a shit about what he said. So far, there's been remarkably little flap, and almost all of it comes from the marginalized independent media that don't reach especially large audiences anyway. Yet McConnell said several things that ought to be red flags. None of them is brandnew information, true. But the fact that they were confirmed on national television by the US intelligence czar is sobering.
Admiral McConnell, who after all is new on the job and so not yet adept in spin, was asked by "Meet the Press" host Tim Russert to comment on The Decider's "new" policy on torture. Here's the pertinent section of the interview (the entire transcript can be read here):
MR. RUSSERT: Let me ask you about the executive order the president issued about enhanced interrogation measures. What does that allow a CIA-held target—what kind of measures can they use to get information from them?Now, take a look at some of the extraordinary assertions/admissions in the transcript.
Admiral McCONNELL: Well, Tim, as you know, I can’t discuss specific measures. A variety of reasons for that. One, if I, if I announce what the specific measures are, it would, it would aid those who want to resist those measures, measures to train to understand them and so on. So I won’t be too specific. Let, let me, let me go back to a higher calling in this context. The United States does not engage in torture. President’s been very clear about that. This executive order spells it out. There are means and methods to conduct interrogation that will result in information that we need. And what I would highlight, I was, I was concerned and worried and quite frankly appalled by Abu Ghraib. My view was America risked losing the moral high ground. And so I focused on this when I came back. What I can report to you is that was an aberration. The people who were responsible for the atrocities at Abu Ghraib have been held accountable, and, and they’re serving a sentence for that. That is not the program the CIA was administering. It is not the program that the president approved in the recent executive order.
MR. RUSSERT: But by the use of the term “enhanced interrogation measures,” there clearly are things that are used to elicit information. Have we eliminated waterboarding? Can you confirm that?
Admiral McCONNELL: I would rather not be specific on eliminating exactly what the techniques are with regard to any, any specific. When I was in a situation where Ihad to sign off, as a member of the process, my name to this executive order, I sat down with those who had been trained to do it, the doctors who monitor it, understanding that no one is subjected to torture. They’re, they’re treated in a way that they have adequate diet, not exposed to heat or cold. They’re not abused in any way. But I did understand, when exposed to the techniques, how they work and why they work, all under medical supervision. And one of the things that’s very important, I think, for the American public to know, in the history of this program, it’s been fewer than 100 people. And so this, this is a program where we capture someone known to be a terrorist, we need information that they possess, and it has saved countless lives. Because, because they believe these techniques might involve torture and they don’t understand them, they tend to speak to us, talk to us in very—a very candid way.
MR. RUSSERT: Does this new executive order allow measures that if were used against a U.S. citizen who was apprehended by the enemy would be troubling to the American people?
Admiral McCONNELL: I can report to you that it’s not torture.
MR. RUSSERT: How do you fine—define torture?
Admiral McCONNELL: Well, torture is—an attempt to define torture in the, in the executive order, it gives examples: mutilation or murder or rape or physical pain, those kinds of things. Let me just leave it by saying the, the techniques work, it’s not torture. They’re not subjected to heat or cold, but it is effective. And it’s a psychological approach to causing someone to have uncertainty and in a situation where they will feel compelled to talk to you about what you’re asking about.
MR. RUSSERT: And we would find it acceptable if a U.S. citizen experienced the same kind of enhanced interrogation measures?
Admiral McCONNELL: Tim, it’s not torture. I would not want a U.S. citizen to go through the process, but it is not torture, and there would be no permanent damage to that citizen.
- What isn't said by McConnell is much more revealing than what is said. He can't discuss specific interrogatory techniques--he won't even deny, when asked pointblank, that waterboarding is one of them--but he asks viewers to accept on trust that the US government follows a "higher calling" and so doesn't torture. Enhanced interrogation, the going euphemism, doesn't include, per The Decider's newest Executive Order, murder (whoever said that murder was a torture technique, anyway?), mutilation, rape, or physical pain (this an benignly stretched version of the Executive Order's "cruel or inhuman treatment"), sexual degradation, or religious denigration. But McConnell knows, The Decider knows, and Jane and John Q. Citizen know, that there's a lot of space in between these categories for some down-and-dirty torture. So there's a unsettling coyness to McConnell's remarks. His claim of clean hands is transparently false, and he doesn't seem to care.
- Perhaps he doesn't care in part because at least some US torture is terroristic, as he let slip. State-sponsored torture generally comes in two varieties: interrogatory and terroristic. The purpose of the first is, obviously, to gather intelligence. The purpose of the second is to terrorize potential dissenters or enemies with the threat of torture: If you cross us, this is what we'll do to you. That the US uses torture as a terroristic deterrent comes across clearly in McConnell's remarks: torture doesn't work unless not-yet-captured detainees are convinced that horrible things will be done to them unless they cooperate.
- McConnell insists that whenever the US government appears to get caught torturing, it's really a few bad apples, like the ones at Abu Ghraib, who are responsible. Does anyone really believe this anymore? Yet apparently the US government works under the assumption that a lie told often enough becomes truth.
- McConnell admits that the US practices "white torture," the brutal psychological malfiguration favored by nations like Iran, and speaks as if this is a humane alternative to old-fashioned physical torture. Something sinister seems to be going on with the administration's latest understanding of torture: if you don't physically touch 'em, it ain't torture. This isn't to say that there's not one helluva lot of physical touching going on--waterboarding, for example--but the denial that white torture techniques are real torture is alarming, bespeaking either egregious stupidity or equally egregious malevolence.
- McConnell says on more than one occasion that torture is practiced under "medical supervision." Extraordinary! Medical doctors, who presumably have taken the Hippocratic Oath to "do no harm," are overseeing the abuse of prisoners. When German doctors or Chilean doctors or Russian doctors similarly supervised torture, the US denounced them as monsters. Why isn't McConnell's admission front page headlines across the nation? Why has it gone almost unnoticed?
- Finally, McConnell admits that even interrogatory torture is more often a fishing expedition than a focused intelligence-gathering. There's a big difference between the two. In the latter, the torturer goes after the answer to a specific question. Theoretically, at least, when the answer is gotten, the torture ends. But torture as a fishing expedition has no specific goal. The torturer inflicts pain just to see what might bob up to the surface. Since there's no focused goal, there's no anticipated end to the torture. Prisoners can be fished again and again and again. Detainees held at Gitmo are such fish.
Posted by The maiden at 3:18 AM |
Labels: "Meet the Press" interview, Mike McConnell, US torture
Wednesday, July 25, 2007
Torturers as Dementors
While watching the opening scene of the latest Harry Potter film in which dementors attack Harry and his Muggle cousin Dudley, it occurred to me that J.K. Rowling's horrific dementors are a perfect literary metaphor for torturers.
Dementors are malevolent wraiths who specialize in "malfiguring" their victims by destroying minds and souls. They rob them of their good will, their virtue, their very identities, leaving them mindless and spiritless shells. Rowling herself says that Dementors suck out hope and leave in its place a "deadened feeling." Dementors are incapable of empathy, compassion, or warmth. Tormented by their own nothingness, they are nothing but voracious hungers incessantly driven to feed off of the vitality others.
They are torturers.
torture, dementors, harry potter
Posted by The maiden at 5:53 AM |
Labels: harry potter, torturers as dementors
Torture in the News
Top Story
July 20. President Bush issues new Executive Order that continues the policy of allowing torture just so long as it's called something else in public (text); the White House issues a statement (text) that insists on the usefulness of torture, even though the White House also insists that al Qaida is growing; and a White House press conference on the EO follows (text) in which Senior Administration Officials demonstrate that it is indeed possible to speak for an entire half hour without actually saying anything. The civilized world recoils in horror. Two days later, National Intelligence czar Mike McConnell repeats the refrain on "Meet the Press": "I would not want a US citizen to go through [the approved interrogation techniques]. But it is not torture, and there would be no permanent damage to that citizen." A small percentage of the US public sputters in disheartened protest for approximately 98 seconds, after which business as usual resumes.
Other Stories
Activists cite torture as the number one human rights abuse in Uganda. Report to be released next month. Majority of reported cases attributed to national security forces.
torture, terrorism, politics, intelligence, bush, gitmo
Posted by The maiden at 3:57 AM |
Labels: Torture in the news
Monday, July 23, 2007
The Un-Long-term Effects of Un-Torture (which, according to Mr. McConnell, we STILL don't want to inflict on US citizens)
Yesterday I reported Director of National Intelligence Mike McConnell's bizarre (and breathless) "Meet the Press" string of claims that the US (1) doesn't use torture on detainees, that (2) he wouldn't like to see the untorture the US inflicts on foreign detainees inflicted on US citizens, and (3) but if it were, there'd be no permanent or longterm effects anyway. (As a sidenote: presidential hopeful Mitt Romney, who never met an enhanced interrogation technique he didn't like, thinks The Decider's newly-released Executive Order on torture, the immediate reason for McConnell's TV appearance, is just peachy.)
"Medical literature clearly establishes that tactics such as the CIA’s reported “enhanced interrogation techniques cause the types of physical and mental anguish that are criminalized under the WCA and other laws. In a letter sent to Senator John McCain during the height of the MCA debate, several leading medical and psychological experts, including current and past presidents of the American Psychiatric Association and the American Psychological Association, conveyed this collective knowledge:
There must be no mistake about the brutality of the “enhanced interrogation methods” reportedly used by the CIA. Prolonged sleep deprivation, induced hypothermia, stress positions, shaking, sensory deprivation and overload, and water-boarding (which may still be authorized), among other reported techniques, can have a devastating impact on the victim’s physical and mental health.
The pain and suffering arising from the individual and combined use of water-boarding, hitting, induced hypothermia, prolonged bombardment with loud music and flashing lights, stress positions, total and long-term isolation, and other “enhanced” interrogation techniques is directly related to the purpose of these techniques: to “break” detainees, mentally and physically. The medical consequences of such abuse have been well-documented through years of research and treatment of survivors of violence and severe trauma.
Some of the enhanced techniques, particularly water-boarding, hitting, induced hypothermia, and stress positions are capable of causing “severe” or “serious” physical pain and suffering, the intentional infliction of which violates the “torture” and “cruel and inhuman treatment” provisions of the WCA. Each of the techniques can also cause significant psychological harm. According to one recent study, in fact, the significance of the harm caused by non-physical, psychological abuse is virtually identical to the significance of the harm caused by physical abuse.
This mental harm can take many different forms, including:
• Posttraumatic stress disorder (PTSD), manifested in: prolonged, recurring flashbacks and nightmares; significant impairment and instability in life functions; suicidal ideation; and, weakened physical health, among other consequences. Rates of PTSD range from 45% to 92% of torture survivors, subjected to both physical and mental torture.
• Depressive disorder manifested in self-destructive and suicidal thoughts and behavior, and other characteristics.
• Psychosis, in the form of delusions, bizarre ideations and behaviors, perceptual distortions, and paranoia, among other manifestations.
These techniques, moreover, are generally used in combination – prolonged isolation, for example, combined with sleep deprivation, light and sound bombardment, and exposure to cold – compounding their devastating psychological impact."
torture, terrorism, politics, intelligence, enhanced interrogation
Posted by The maiden at 3:18 AM |
Labels: American enhanced interrogation, longterm medical effects, Mike McConnell
Sunday, July 22, 2007
Have You No Shame, Sir?
Mike McConnell, new Director of National Intelligence, gave his first big interview on today's Meet the Press. Tim Russert asked whether McConnell would be comfortable if a US citizen was subject to the enhanced interrogation techniques defended (but not specified) in The Decider's latest Executive Order. McConnell: "It's not 'torture,' Tim. I want to make that clear." But McConnell then said that he wouldn't want to see it used on US citizens. If it were, though, he hastily added, "there'd be no longterm damage."
Posted by The maiden at 9:18 AM |
Labels: Mike McConnell, political deception, torture and enhanced interrogation
Saturday, July 21, 2007
Let's Hear It for Torture! A Letter from a Christian Patriot Yahoo
There's a document making the rounds in cyberspace that pretends to be red-white-and-blue but in fact is as splenetic and hate-filled a piece as I've ever read. There are several accounts of its authorship. The version that was sent me credits it to "a housewife in New Jersey--one ticked-off lady!" Other versions of it claim that one Pam Foster from Atlanta is the author. TruthOrFiction insists that the document is largely based on a piece written by columnist Doug Patton back in 2005.
Posted by The maiden at 3:03 PM |
Labels: defense of torture, pseudo-patriotism
New Bush Directive Forbids Torture (*wink-wink*)
Remember when Clinton said "It depends on what the meaning of the word 'is' is..." when asked if he was schtupping Monica Lewinsky? It was pretty clear to the nation that he was playing word games to weasle out of a tough spot.
Posted by The maiden at 2:20 AM |
Labels: CIA and torture, Executive Order, President Bush and torture
Friday, July 20, 2007
Guilt and Self-Loathing on the Torture Trail
One of the consistent claims of this blog is that torture is a moral (and spiritual, if one accepts such things) abomination because it aims to "malfigure" the torture victim's self: to break her will, erode her identity, and fragment her ability to relate normally with others even if she survives and returns to society.
Posted by The maiden at 3:15 AM |
Labels: effects on victims, malfiguration and torture, survivor guilt and self loathing
Thursday, July 19, 2007
Is Torture Banal?
Hannah Arendt's banality of evil thesis stirred up a good amount of hot disagreement when first introduced in her 1963 Eichmann in Jerusalem, but it's since acquired the status of conventional wisdom. Arendt argues that people like Adolf Eichmann who perform evil actions aren't necessarily moral monsters with a will to destruction. Instead, they might just be ordinary people who have so internalized their state's everyday normative assumptions that they uncritically accept them as part of the moral landscape. What characterizes them isn't a malevolent will so much as an absence of critical thinking, empathic imagination, and moral judgment. For them, acts which any reasonable intelligent and empathic person would consider heinous are normalized by being given official sanction.
Posted by The maiden at 6:41 AM |
Labels: banality of evil thesis, banality of torture, Hannah Arendt, malevolence
Tuesday, July 17, 2007
Bush delendus est
(Hat tip to Latinist Joe! Thanks!)
Count II: Engaging the United States in violations of international law:
Article VI, paragraph 2 of the U.S. Constitution states that:
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under theAuthority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.
And according to Amnesty International:
The past five years have seen the USA engage in systematic violations of international law, with a distressing impact on thousands of detainees and their families. Human rights violations have included:
Secret detention
Enforced disappearance
Torture and other cruel, inhuman or degrading treatment
Outrages upon personal dignity, including humiliating treatment
Denial and restriction of habeas corpus
Indefinite detention without charge or trial
Prolonged incommunicado detention
Arbitrary detention
Unfair trial procedures
The specific violations here, are of the United Nations Charter, and of the Geneva Conventions, something this administration and its attorney general have characterized as "quaint," but both of which constitute the "supreme law of the land" under the Constitution. In addition, the torture of prisoners in U.S. custody both in Guantanamo Bay, and at secret CIA prisons around the world, may have violated U.S. anti-torture laws.
Posted by The maiden at 4:44 AM |
Labels: human rights violations, impeachment, President Bush and torture
Torture in the News
Hamas & Torture. The "Popular Committee," a Fatah organization formerly known as the "Popular Resistance Committee," has accused Hamas of abducting and torturing Fatah supporters in the Gaza Strip. In the meantime, the Gaza-based Palestinian Center for Human Rights alleges that Hamas brutally tortured to death 45 -year old Waleed Abu Dalfa. Khalil Salman Abu Dalfa, Waleed's 41-year old brother, was also tortured. The torture was allegedly perfomed by the Izziddin al-Qassam Brigades, the armed wing of Hamas infamous for its willingness to torture detainees.
Blinded & Muted. In July 2003, Shahin Portofeh sewed shut his lips and eyes to protest the plans of the UK to deport him back to his native Iran. Portofeh, a gay man, feared what awaited him if returned to Iran. But returned he was, and this BBC story is the first of a three-part series recounting his torture at the hands of Iranian jailers. Caution: not for the squeamish.
Nepal & Torture. The Collective Campaign for Peace is lobbying the Nepalese government to sign on to the International Criminal Court charter. The ICC defines torture as a crime against humanity. Torture is on the rise in Nepal, with 1,300 new cases reported since last April, when democracy was supposedly restored there.
torture, human rights, politicsPosted by The maiden at 3:27 AM |
Labels: Torture in the news
Friday, July 13, 2007
In the Grasp of the Whiteness
Hattie of Hattie's Web reminds me of a torture technique that requires no high-tech gadgetry, is user-friendly, leaves no tell-tale bruises or cuts on torture victims, and is extremely effective in malfiguring healthy, vibrant human beings into broken-willed shells. It's generally called "white torture."
I have not been able to sleep without sleeping pills. It is terrible. The loneliness never leaves you, long after you are “free.” Every door that is closed on you, it affects you. This is why we call it “white torture.” They get what they want without having to hit you. They know enough about you to control the information that you get: they can make you believe that the president has resigned, that they have your wife, that someone you trust has told them lies about you. You begin to break. And once you break, they have control. And then you begin to confess. Ebrihim Nabavi, Iranian journalistAlthough Iran has perfected white torture, the technique is used worldwide and is becoming a favorite way of disciplining "unruly" inmates in prisons, especially in privately-run supermax ones. Some of the techniques associated with white torture--isolation, sleep deprivation, noise bombardment--are reportedly used at Abu Ghraib and Gitmo.
Posted by The maiden at 3:16 AM |
Labels: Gitmo, iran, psychological torture, white torture
Thursday, July 12, 2007
Fuck 'em!
From Alberto Gonzales' Memorandum to the President, 25 January 2002, entitled "Decision re Application of the Geneva Convention on Prisoners of War to the Conflict with Al Qaeda and the Taliban"
...the war against terrorism is a new kind of war...In my judgment, this new paradigm renders obsolete Geneva's strict limitations on questioning of enemy prisoners...[A] determination that GPW [Geneva Convention III on the Treatment of Prisoners of War] does not apply to al Qaeda and the Taliban elminates any argument regarding the need for case-by-case determinations of POW status." Two advantages to denying POW status to al Qaeda and Taliban detainees: "some of the language of the GPW is undefined (it prohibits, for example, 'outrages upon personal dignity' and 'inhuman treatment'), and it is difficult to predict with confidence what actions might be deemed to constitute violations of the relevant provisions of GPW." And: "...it is difficult to predict the needs and circumstances that could arise in the course of the war on terrorism.
Posted by The maiden at 12:00 PM |
Labels: geneva conventions, torture and detainees, treatment of pows
The Torture Trade
It's common knowledge that torture takes place throughout the world. What may not be as well known is that there's a thriving international market in torture instruments. Moreover, the production and merchandising of these devices is perfectly legal in many countries, including the US. For years now, Amnesty International and other human rights organizations have called on governments to shut down or at least regulate the torture trade. By and large, though, it still flourishes.
Thumbcuffs, often with serrated edges. Offered for sale in China, France, Germany, South Korea, Spain, Taiwan, the UK, and the US.
Posted by The maiden at 2:11 AM |
Labels: torture instruments, torture trade
Tuesday, July 10, 2007
Why Jack Bauer (and Judge Scalia) Aren't Canadian
Ten days ago I reported on Associate Justice of the US Supreme Court Antonin Scalia's impromptu defense of fictional torturer Jack Bauer before an Ottawa gathering of judges. Yesterday's Globe and Mail editorializes about the bizarre and embarrassing outburst. In response to Scalia's passionate "Are you going to convict Jack Bauer for using torture to save Los Angeles?!", the G&M responds: "Uh, yes."
Posted by The maiden at 3:20 AM |
Monday, July 9, 2007
Torture and the That's Nothin'! Fallacy
Remember when you were a kid and swapped stories with your mates about horrible things that had happened to you? The competition typically went something like this. Kid A would tell about getting stung by a bee. Then Kid B would counter with a "That's nothin'! I got stung by two bees once!" Then Kid C would top them both: "Ahhh, that's nothin'! One time, a whole hive of bees came after me!" And so on.
"Beatings make my list of torture techniques. So does the chopping off of fingers, limbs and other body parts, gouging of eyes, rape, electric shocks, poisons, medical experimentation, and the like."
Posted by The maiden at 7:18 AM |
Labels: Defining torture, enhanced interrogative techniques of torture, function of torture, that's nothin' fallacy
Torture in the News
Disappeared. The Kenya-based Muslim Human Rights Forum reports that nearly 80 refugees from the Somalian war are being secretly held in Ethiopia and subject to torture. For a series of films on CIA rendition in the Horn of Africa, click here. (Hat tip to Dear Kitty. Some blog.)
Posted by The maiden at 1:48 AM |
Labels: Torture in the news
Saturday, July 7, 2007
Debating the Ethics of Torture Is Like Debating the Ethics of Rape
There are certain acts which, once one understands their heinous nature, fall outside the boundaries of ethical debate. One can contrive classroom discussions about whether rape, say, or genocide, are always morally wrong--a madman kidnaps you and a woman you've never met. "Rape her!" he orders. "Or I'll kill her!" Or: aliens have landed on earth and given the planet a choice: voluntarily destroy every human being in Rhode Island, or the entire human species will be slaughtered--but these artificial ticking bomb scenarios have little philosophical merit and even less realworld significance. If we play around with them, we do so at our own peril, because even pretending that acts like rape or genocide are sometimes morally acceptable does damage to our deep intuitions that nothing whatsoever can make them so.
Once one understands what torture is, one clearly sees that debates as to whether it can ever be morally defended are stupid or worse. As I've argued in earlier posts,* torture is an act whose aim is to malfigure the self of the victim in the service of the power authorizing the torture. Torture isn't really about intelligence-gathering, although the latter is often a pretense. Torture is about crushing the will of an opponent, destroying her identity, stripping away who and what she is, layer by layer, until what comes out at the end of the process is either a dead corpse or a living one. If dead, no great loss. If living, the torture "survivor" serves the power structure by returning to society as a ghostly warning to all other potential dissenters. And since the living corpse never really leaves the torture chamber, there's very little danger that she'll be anything but compliant. Even after her "release," she'll remain in the hands of torturers: PTSD memories, stress-induced physical ailments, amnesia, panic disorder, and so on. The whole world, as Elaine Scarry points out, will become her torture chamber. Everything, even the simplest, most innocent event--the lighting of a cigarette, eye contact with a stranger, the sound of someone dropping a coffee cup at a bistro--can jumpstart the reliving of torture.
This destruction of the self, this disintegration of the soul, this willful disappearing of the very essence of an individual's personhood, is immoral. Debating the ethics of torture is, therefore, just as irrelevant as debating the ethics of rape or genocide. To not get this is either to misunderstand what torture is all about (stupidity), or to understand but be indifferent or cynically willing to defend torture out of self-interest (moral bankruptcy).
Some ethicists, notably Michael Walzer, Alan Dershowitz, Sam Harris, and Jean Bethke Elshtain, agree that torture is heinous but nonetheless morally justify it by appealing to what's come to be called the "dirty hands" defense. This position argues that the moral obligations of a national leader to protect her citizens may oblige her to authorize actions that are ethically wrong. She oughtn't to rationalize away their immorality. She must recognize that her hands are dirty, confess that her orders were necessary but immoral, and accept responsibility for them. This is what a good leader does: she steps up and takes care of business, even at the expense of her conscience.
But surely this is a pernicious sophistry. On the surface, it concurs with our deep moral repugnance to torture. But in actuality what it does is transform torture into something noble--a distasteful act done for the commonweal--and torturers into heroes who "sacrifice" their good conscience in order to save the rest of us. The dirtier the hands, the louder the confession of guilt, the nobler the sacrifice seems. And, as a bonus, the public confession of the torture-authorizing leader absolves the rest of us from complicity in the torture. We can know that our government is torturing without suffering from any inconvenient twinges of guilt. The President/the Prime Minister/the Generalissimo ordered it, not I! MY hands are clean...
Torture doesn't harvest reliable intelligence. There are other, better ways to gather information. Ticking bomb scenarios, almost always invoked to justify torture, are fictional, not realworld. The use of torture erodes the moral authority of the government that sanctions it, and unnecessarily creates enemies. The only purpose of torture is to destroy selves and demolish wills so that the power structure authorizing torture can maintain itself. And under what possible circumstances can this be morally defended?
Debating the ethics of torture is irrelevant, or worse.
________
*For example, Torture & Identity Malfiguration;
The Soul Is the Prison of the Body;
We Are the Priests of Power;
and The First Blow Changes Everything.
torture, morality, dirty hands, human rights, politics
Posted by The maiden at 2:06 AM |
Labels: dirty hands, ethics of torture, rape