[QUOTE=Little Nemo]
Most of us are capable of recognizing there’s such a thing as the middle ground. Torturers aren’t heroes but they might sometimes be necessary. And if a good person is forced to do something he knows is wrong, even if it’s to avoid something far worse, he’s unlikely to want to brag about it afterwards.
It’s easy to put yourself above the issue and declare that you would never condone torture under any circumstance. It makes you sound noble. But consider what it really means. We’ve presented the scenario of torturing a terrorist to prevent NYC from being blown up. You’ve declared that you would be willing to sacrifice ten million people die rather than bend your principles. Would you call yourself a hero non-torturer then? Tell everybody that it’s too bad about all those millions of people who were killed but the big picture is that your hands are still clean.
[/QUOTE]
Actually, you’re wrong. I said earlier several times that I’m unwilling to say that torture is always wrong under any circumstance. What I have said is that torture must be illegal under any circumstance, allegations of torture must be vigourously investigated, and those found guilty of torture must face the full weight of the justice system. If you want to torture someone to prevent NYC from being blown up, go ahead. Just expect to spend 20 years in jail afterwards. If you’re not willing to spend 20 years in jail, then I guess saving New York City was that important after all, was it?
Fact is, the ticking time bomb scenario that is always invoked never seems to happen in real life, because the circumstances that would have to happen are just too rare. You have to have a bomb, you have to have a timer on the bomb, you have a suspect in custody, you have to know that there’s a bomb, you have to know there’s a time limit, you have to know that the suspect has knowledge of the bomb, and on and on.
In real life the situation is more like this. An Iraqi informant tells you that Akbar is working for Al Qaida. Your patrol picks him up and takes him back to base. Well, he’s Al Qaida, right? So Akbar probably knows about all sorts of weapons caches, and he knows other Al Qaida members. If you could get him to tell you where those weapons caches are, or name other Al Qaida members, you’re going to save lives, right? Al Qaida doesn’t cache those weapons for fun, they use those weapons to attack American soldiers, not to mention slaughtering Shi’a praying at a mosque, or blowing up marketplaces. So if you don’t find that weapons cache, that means some Iraqi kid is gonna die. Probably several Iraqi kids.
So what do you do in that situation? You torture, right? You’re practically morally obligated to torture that prisoner, right? It will save lives, right? What’s more important, refraining from torture to keep yourself pure, keep your hands clean, when it means some Iraqi kid is gonna die?
That’s the reality of torture. That’s the real-life scenario that we’re debating, that’s what our soldiers are really faced with. Not a nuclear bomb in New York City, but some random Iraqi guy pulled off the street, who may very well be a member of Al Qaida. Of course, after we torture him, he’s definately going to be a member of Al Qaida, even if he wasn’t before. So if we torture him, we’ve got to either detain him indefinately, or put a bullet in his brain…because otherwise he’s gonna be planting an IED tomorrow.
So how many Iraqis can we pull off the streets, torture, and then detain indefinately or summarily execute? How common can that be? You think this will be an effective method of gathering intelligence about the insurgency in Iraq? That this will be an effective method of winning the war, if it wasn’t for the namby-pamby liberals whimpering about how torture is wrong, like little girls? How many people are going to help Americans if they’re very likely to be tortured once they are within American hands?
Torturing Iraqi prisoners is just one more reason why we’re losing the war. It is not a method for winning the war. Forget whether torture is moral or immoral, for get whether it sometimes produces reliable information. If our goal is to really, for real, no fooling, to rebuild–or rather, build–Iraqi civil society, and create a state that doesn’t wink at terrorist operations, a state that isn’t a puppet of Iran, then is the routine use of torture by US troops going to help accomplish that? Or will it accomplish the reverse?
If torture is so fucking effective, then how in good conscience can you bar torture by American police, American judges, American prosecuting attorneys, American prison guards, against American citizens? If torture works, if torture saves lives, then how in Jesus’s name can we toss aside this valuable tool? Why not allow cops to torture suspects? Why not allow prosecuting attorney’s to torture defendents? Why not allow prison guards to torture inmates? As the inquisitors asked, what’s more important, a little temporary pain here on earth, or eternal damnation in hell?
Can you think of any reason, any reason at all, why legal torture by cops and courts might not be such a good idea…against Americans, anyway?
State sponsored torture is totalitarian. The power to torture turns citizens into slaves. It turns public servants into monsters.
It’s not that I can’t imagine any circumstance where torture might be useful. It’s that I can’t imagine any government agent, or any person at all, that when given the power to torture would use that power wisely. Such a person does not exist. There is no such person. You’re not that person, I’m not that person, Mother Teresa isn’t that person.
And so if you think you need to torture that terrorist to save New York City, then you’re on your own. We’re not going to give you advance legal cover to torture as you see fit. The best we can offer is that under our legal system you’re entitled to a trial by a jury of your peers, and if your defense of that particular torture is so compelling, and the jury buys it, you’ll get a slap on the wrist and at most lose your job. And if someone is willing to torture prisoners, but isn’t willing to go to jail or lose their job to save New York City, then fuck them. The person who would gladly torture, but needs a form signed in triplicate first, isn’t someone you can trust with the legal power to torture. No, go ahead and save New York City, then beg forgiveness afterward.
Because the alternative is that torture is winked at. It becomes routine. Is that the society you want to live in? Are you that scared? Honestly? Or is it more that you just think terrorists deserve to be tortured? Well, maybe they do. But so what? Lots of people deserve lots of things, but our judicial system is wisely limited. We don’t sentence people to be tortured, not because it would be bad for them to be tortured, but because it would be bad for us to become torturers.