On Torture

A friend asked that I do a post on torture. I’ve been avoiding this, not because I don’t have strong feelings on the subject, but rather, because perhaps my feelings are too strong.

My strongest feeling is one of disappointment, both in those who would conduct such acts, and also in the large number of apologists throughout our society. I recall a conversation we had at work shortly after the Abu Ghraib scandal, and I was literally one voice against many condemning the actions of the guards, the military, and whoever authorized such behavior (although we were not certain at the time.)

Many will advocate torture based upon its efficacy. I hold that is not even the proper question. I’m not an ‘Ends justifies the Means’ sort of person. There is always more than one path to achieve our desired goals, and there are frequently paths that should not be taken, if we want to promote civilization and cooperation.

I recall well my feelings on Sept 11, 2001. The initial shock gave way to fear and frustration: Fear for our future, and frustration that we could seemingly do so little to prevent it (and catch those responsible outside of the ones who died.) Those emotions gave way to anger – anger that someone had caused fear, anger that someone could see it as a life fulfilling action to destroy so much, anger again at our own seeming impotence.

In those moments of extreme anger, I entertained thoughts of counter destruction. We are America, we are powerful, don’t mess with us! We could destroy so much if we chose – We don’t need to find and remove Osama Bin-Laden, we could destroy the entire countryside where he hid, and ensure that he would not survive.

But, we know better. Wholesale destruction is not the answer – it would make us exactly one and the same as those who carried out the terrorism of 9/11, exactly the same as those who would plot and carry out future acts. They felt justified in killing – how would it be any different if we built up justification for our own killing, and then carried it out?

The only way out is for us to remain true to our ideals: Our belief in the Rule of Law, our belief in the innate goodness of people, our belief that we can lead lives that others will desire to emulate, and in so doing, peacefully bring others (people and nations) into alliance.

The terrorist acts were criminal acts. Since they involved the indiscriminate taking of human life, they were the most heinous and immoral of all criminal acts. We are justified in prosecuting those responsible, justified in unearthing the evidence necessary to convict them, justified in hunting them throughout the world.

But, we are not justified in committing criminal acts of our own. We have established standards of conduct to ensure that evidence is properly obtained, that accused are treated decently, that individual rights of freedom are only curtailed when we have evidence, not at our whim.

“This is war!” cry the apologists. “This is different!”

What is war, except the coordinated criminal activity of a nation? Instead of one or a few individuals, it is thousands participating in the destruction of property, the discriminate and indiscriminate killing of people (homicide!). Those are criminal acts, and there can be no justification. Individuals captured during the prosecution of a war are deemed the same rights as other criminals: Captivity, but fair protection from the elements, food, and their captors will refrain from causing bodily harm. We’ve upheld these beliefs by signing international treaties.

Specifically, we have agreed to refrain from torturing our prisoners.

The argument has been floated that, technically, we didn’t engage in torture. But, that misses the point. At the company where I work, we have a saying: Not only should we not engage in improper behavior, but we should avoid any behavior that gives the appearance of impropriety. In other words, even if it is technically legal, but would give the appearance that we might be doing something illegal, or covering up something illegal, we should refrain.

There is no justification for torture. If we hold to that, then we have done something to improve the condition of the world. There are other methods of obtaining information. By imprisoning suspected criminals indefinitely, with no prospect for release or charges, we greatly reduced our options. Torture perhaps appeared as the only way. That was a mistake – a mistake of our own making.

That our leaders lacked the moral conviction to avoid torture and also lacked the courage to revise their approach is a mistake that we will have to put behind us. The very fact that they sought opinions to allow their behavior shows that they were concerned about how it would appear; that they were concerned that it may not be legal or justifiable. They gave the appearance of impropriety. They opened the door for the world’s condemnation of us.

To close that door, we must say ‘Never again’. We must re-iterate to our military and our police that torture will not be accepted. We must raise up our voices to our leaders and let them know that the America we want to be does not engage in questionable behavior, does not skirt the law, but upholds the law, not only for our citizens but for people everywhere. If we want to be a country worthy of emulation, then we must hold ourselves to higher standards – even when we are fearful.

There probably is nothing to be gained by attempted prosecution of those responsible. They’ve covered themselves well enough that any legal action would likely be long, drawn out, and of questionable benefit. We could do much more by silencing them and those like them by loudly condemning them, by turning the tide of public opinion against them, thus banishing them from public life; by passing legislation to prohibit specifically the behavior we, and the world, find so reprehensible.

And then we have to live up to it.

I’ll always be disappointed in this chapter of our history. However, if we increase our resolve to adhere to the standards we proclaim, if we realize that sanctioning such actions is wrong, if we bravely follow the laws we set, then we can take pride that we have learned and grown as a nation, as a people, as individuals.

There would be no cause for disappointment in that.