On Waterboarding: Lesser of Two Evils


BY DANIEL JOHNSON
December 13, 2007
URL: http://www.nysun.com/article/68036

Did CIA interrogation of Al Qaeda terrorists amount to torture? And can
torture ever be justified?

Can the end ever justify the means? And can any end justify torture? This
controversy, which has troubled Americans and Europeans ever since the war
on terror began, was reignited this week.

The CIA admits that it destroyed a video of an interrogation of an Al Qaeda
terrorist named Abu Zubaida. Speaking on ABC News, a former CIA agent, John
Kiriakou, gave the first account of how he and his colleagues used
"waterboarding" to extract information from Zubaida. Mr. Kiriakou says the
technique was authorized by the White House. Its use was justified under the
circumstances, he feels, because Zubaida's intelligence enabled the CIA to
disrupt "maybe dozens" of Al Qaeda attacks.

No single issue divides America and Europe more than this one. Also this
week, it was announced that several terrorist suspects would be released
from Guantanamo who, though not British citizens, in the past have been
residents in Great Britain. There was some debate in the British press about
whether and how these men should be kept under surveillance, but hardly
anybody questioned the assumption that they had been victims of torture.
Torture remains the ultimate crime, and even to raise the question of its
morality is to court exclusion from polite society.

Yet this high moral tone surely cloaks a good deal of hypocrisy. In the
first place, what counts as torture? Waterboarding is doubtless a terrifying
experience, akin to drowning, but it does not physically injure the victim
and would not have been treated as torture at all by most societies until
quite recently. The same applies to other forms of psychological coercion,
such as sleep or light deprivation.

Where real torture — deliberately inflicting physical pain — is concerned,
the CIA and other Western intelligence agencies are more scrupulous than
their non-Western counterparts — or indeed their own predecessors in earlier
periods. Torture was never routinely used by the Western Allies during World
War II, as it was used on an industrial scale by the Nazis, Soviets, and
Japanese. But torture was not unknown. There was little sympathy for war
criminals who were given a taste of their own medicine.

Further back, even in 17th century England, the rack was still used in the
Tower of London. The great legal authority Sir Edward Coke wrote in his
"Institutes," "there is no law to warrant tortures in this land." But
"necessity hath no law." Those accused of treason might expect to be
tortured.

Last week, a book was sold at a British auction that relates the tale of a
Jesuit priest, Henry Garnet, executed for treason in 1606. Father Garnet had
heard the confessions of the conspirators in the 1605 Gunpowder Plot to blow
up Parliament. Though he seems not to have approved of this first major act
of terrorism in English history, and urged his fellow Catholics against the
plot, he was tried, convicted, and sentenced to be hanged, drawn, and
quartered — a form of execution which involved cutting down the victim while
still alive, castrating and disembowelling him, and finally cutting out his
heart to be shown to the jeering crowd.

In Father Garnet's case, his body was then flayed and the skin used to bind
an account of his trial and execution. Over the centuries, a mysterious
image of a man's face has emerged on the cover of this macabre volume.

Nobody then saw such a cruel, public execution as torture. Now we are so
squeamish that even relatively painless forms of execution, such as lethal
injections, are seen as too cruel by many.

Jesuits like Father Garnet were (falsely) supposed to teach the doctrine
that the end justifies the means. But can this principle — though it may be
morally abhorrent in general — sometimes admit to exceptions in the case of
terrorism? The prevention of a terrible atrocity may justify all kinds of
harsh measures.

In the past two days, Islamists have launched bloody attacks on Algeria,
where the U.N. offices were destroyed, and on Lebanon, where Hezbollah
assassinated the army's chief of operations, General François al-Hajj. The
aim in both cases is to destabilize an entire country. Any state is entitled
to defend itself and its allies. This week's successful capture of the
Taliban stronghold of Musa Qala by American, British, and Afghan forces cost
hundreds of casualties on both sides.

The wars in Afghanistan and Iraq could not be prosecuted without
intelligence obtained by interrogating enemy combatants. Commanders in the
field prefer to treat prisoners chivalrously, if only for reasons of
self-preservation. But no commander has the right to place his troops' lives
at risk by denying them the benefit of the best intelligence available.
Still, less has he the right to jeopardize victory, when defeat may have
dire consequences for his country and indeed for humanity. So from Father
Garnet, we come back to Abu Zubaida. His waterboarding lasted 35 seconds
before this Al Qaeda terrorist cracked. He later told his interrogator that
"Allah had visited him in the night and told him to co-operate."

Might Zubaida have received this divine visitation even without the brief
ordeal? Might a visit from an Islamic cleric have achieved the same effect —
without the need for waterboarding? We shall never know. But we can be sure
that many people now alive would be dead if Zubaida and other terrorists had
not been persuaded to talk.

If it was President Bush who authorized waterboarding for Zubaida, I am not
outraged but relieved. These decisions should not be left to subordinates.
The president will have known the consequences of not giving authorization —
consequences infinitely more terrible than inflicting half a minute's terror
on one terrorist. Torture is evil, but on rare occasions it may be the
lesser of two evils.

.
 
<http://geo.yahoo.com/serv?s=97359714/grpId=11648958/grpspId=1705447214/msgI
d=50475/stime=1197592296/nc1=3848627/nc2=5028927/nc3=3848642> 
 


[Non-text portions of this message have been removed]



--------------------------
Want to discuss this topic?  Head on over to our discussion list, [EMAIL 
PROTECTED]
--------------------------
Brooks Isoldi, editor
[EMAIL PROTECTED]

http://www.intellnet.org

  Post message: [email protected]
  Subscribe:    [EMAIL PROTECTED]
  Unsubscribe:  [EMAIL PROTECTED]


*** FAIR USE NOTICE. This message contains copyrighted material whose use has 
not been specifically authorized by the copyright owner. OSINT, as a part of 
The Intelligence Network, is making it available without profit to OSINT 
YahooGroups members who have expressed a prior interest in receiving the 
included information in their efforts to advance the understanding of 
intelligence and law enforcement organizations, their activities, methods, 
techniques, human rights, civil liberties, social justice and other 
intelligence related issues, for non-profit research and educational purposes 
only. We believe that this constitutes a 'fair use' of the copyrighted material 
as provided for in section 107 of the U.S. Copyright Law. If you wish to use 
this copyrighted material for purposes of your own that go beyond 'fair use,' 
you must obtain permission from the copyright owner.
For more information go to:
http://www.law.cornell.edu/uscode/17/107.shtml 
Yahoo! Groups Links

<*> To visit your group on the web, go to:
    http://groups.yahoo.com/group/osint/

<*> Your email settings:
    Individual Email | Traditional

<*> To change settings online go to:
    http://groups.yahoo.com/group/osint/join
    (Yahoo! ID required)

<*> To change settings via email:
    mailto:[EMAIL PROTECTED] 
    mailto:[EMAIL PROTECTED]

<*> To unsubscribe from this group, send an email to:
    [EMAIL PROTECTED]

<*> Your use of Yahoo! Groups is subject to:
    http://docs.yahoo.com/info/terms/
 

Reply via email to