“The one lesson we 've learned from history is that we have not learned any of history 's lessons” (Unknown Author, n.d.). The purpose of this paper is to evaluate the use of Enhanced Interrogation Techniques (EITs) such as “waterboarding” and extraordinary rendition (aka “black sites”) by CIA agents for American intelligence interests and to analyze the drastically apposing views of the legalities, morality, and effectiveness of these methods. Is the CIA’s use of EITs and extraordinary rendition equivalent to torture, and therefore, acts in violation of international law? The definition of “torture” under statute 18 U.S.C. 2340 states, “torture” means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control” (United States Code, 2011). This definition expands with specific identifying characteristics of an act and varies to include humiliation of an individual. Of course, pain and suffering is a subjective experience. The worlds historical practice of “torture” reinforces lessons that human’s imaginative capacity for inflicting pain and terror on our fellow human is disgracefully boundless; yet, parallel behaviors of violence and humiliation reemerge with disturbing regularity (Smith, 2013). The events on September 11, 2001 (9/11) left the nation in disbelief that American
While the law itself condemns use of torture for any purpose, torture becomes necessary to be used in particular critical instances. According to Miles, the United States senate allowed the use of enhanced interrogation techniques on a number of cases and detainees. The human rights should be considered first in any event whether in interrogation or any other course of action1. The policy makers have found themselves between hard and difficult decisions to make on the techniques for obtaining vital information from terrorists who are trained heavily on resisting from giving information when caught in the wrong side of the law.
Today we can say again in a loud and clear voice, the United States should never condone or practice torture anywhere in the world… America is at our best when our actions match our values… Yes, the threat of terrorism is real and urgent, scores of children were just murdered in Pakistan, beheadings in the Middle East, a siege in Sydney, these tragedies not only break hearts but should steel our resolve and underscore that our values are what set us apart from our adversaries (“Should Interrogation Techniques”).
One of the most controversial topics in the U.S. has been Enhanced Interrogation techniques- also believed to be torture. These practices are said to be implemented on suspected terrorists to recover possible information of future attacks on America, although many have concluded that this practice was created out of fear after the attack on September 11, 2001 (What Motivated CIA Torture?, 2014). Some of these practices include sleep deprivation, stress positions and even insects inside of a confinement box. One of the most controversial of all of the tactics is waterboarding or essentially drowning. Abu Zubaydah, the Al Queda
Torture is known as the intentional infliction of either physical or psychological harm for the purpose of gaining something – typically information – from the subject for the benefit of the inflictor. Normal human morality would typically argue that this is a wrongful and horrendous act. On the contrary, to deal with the “war on terrorism” torture has begun to work its way towards being an accepted plan of action against terrorism targeting the United States. Terroristic acts perpetrate anger in individuals throughout the United States, so torture has migrated to being considered as a viable form of action through a blind eye. Suspect terrorists arguably have basic human rights and should not be put through such psychologically and physically damaging circumstances.
David Figueroa Eng. 101A Professor Stern 4/20/15 Final draft In conclusion, in discussions of torture, one controversial issue has been on the use of it. On one hand, the people against torture argue that it is cruel and unusual punishment. On the other hand, those for torture argue that it should be used for the greater good. Others even maintain that under extreme circumstances, it may be admissible if it can save American lives. My own view is that no one should be subjected to cruel punishment because it is not only illegal, unreliable, ineffective, time consuming, it also has too many flaws that could potentially ruin innocent lives. The definition of torture is any act, whether physical or emotional, or maybe both, is intentionally subjected to a specific individual or a group for many reasons. Most of these reasons that torture is administered is for extracting information from an individual or just for punishing him/her for a crime that he/she has committed or is suspected of committing. The use of torture can be used to intimidate a person to give information that may be beneficial for a nation. The use of torture has been used for many centuries. The purposes of using torture have changed over the years as well as the methods in which a person is tortured. One crucial piece that has been established that separates us human beings from barbarians is the prohibition of using torture. There are many reasons why torture has been deemed a crime now in society. There are
The War on Terror has produced several different viewpoints on the utilization of torture and its effectiveness as a means to elicit information. A main argument has been supplied that torture is ineffective in its purpose to gather information from the victim. The usefulness of torture has been questioned because prisoners might use false information to elude their torturers, which has occurred in previous cases of torture. It has also been supposed that torture is necessary in order to use the information to save many lives. Torture has been compared to civil disobedience. In addition, the argument has been raised that torture is immoral and inhumane. Lastly, Some say that the acts are not even regarded as torture.
The United States citizens have been wrestling with the question of, whether their government intelligence agencies should be prohibited from using torture to gather information. According to Michael Ignatieff, this is the hardest case of what he describes as ‘lesser evil ethics’—a political ethics predicated on the idea that in emergencies leaders must choose between different evils Before the terrorist attacks of September 11, 2001, torture was viewed by most American’s as only actions that brutal dictators would employ on their citizens, to keep order within their country. However, this all changed when in May 2004, The New Yorker released photographs from the Abu Ghraib prison in Iraq. The disturbing pictures were released on the internet showing bodies of naked Iraqis piled onto each other, others showed Iraqis being tortured and humiliated. There was a huge up roar, which caused the President at the time George W. Bush to publicly apologize, and threaten the job of Defense Secretary Donald Rumsfeld. Soon after, the CIA Conformed the use of waterboarding on three Al-Qaida suspects in 2002 and 2003, which further annihilated the topic. Since these reports, torture has been in the forefront of national politics, and the public opinion has been struggling to commit on whether torture is right or wrong.
Torture has long been used by law enforcement agencies and governments to questions criminals and terrorists. It is used to coax confessions or to find out any sort of information that may lead to the arrest or capture of other criminals. Although the torturing of prisoners in the United States is strictly prohibited by the constitution, the government started using the tactic waterboarding against terrorists. Although the government says waterboarding has led to prevention on mass terrorist attacks on U.S soil, it is not accepted by all of this country’s citizens. It is believed by certain people that waterboarding is torture and others do not believe it is. It is my goal to explore why the United States deemed this
Another player in this global debate of enhanced interrogation is the United Nations itself. In May of 2005, the UN issued an 11 page panel report on the adhearance of the United States to the anti-torture treaty. In the report the UN said that the United States should stop the process of enhanced interrogation saying that it was “nothing more than torture”. The US should stop its interrogations of civilians in Iraq and Afghanistan by military and civilian staff and prosecute any staff found to have used any of the techniques specific to the enhanced interrogation. The UN report stopped short of admonishing the United States as the US “has a very good record on human rights” , (19 May 2006) Torture was banned by the UN in 1948, in its Universal Declaration of Human Rights of which not only is
Torture has long been a controversial issue in the battle against terrorism. Especially, the catastrophic incident of September 11, 2001 has once again brought the issue into debate, and this time with more rage than ever before. Even until today, the debate over should we or should we not use torture interrogation to obtain information from terrorists has never died down. Many questions were brought up: Does the method go against the law of human rights? Does it help prevent more terrorist attacks? Should it be made visible by law? It is undeniable that the use of torture interrogation surely brings up a lot of problems as well as criticism. One of the biggest problems is that if torture is effective at all. There are
Torture is not a new ethical dilemma, because torture has been practiced throughout human history and in different cultures. Now, however, the Geneva Convention and other modern norms suggest that human beings should not resort to using torture. Torture is becoming taboo as a method of intelligence gathering, which is why the methods used during the Iraq war were decried. However, the ethical case can be made for torture. If torturing one human being leads to information that could save the lives of a thousand, torture suddenly seems like a sensible method. This is a utilitarian perspective on torture, which many people find palatable. However, there are problems with this method of thinking about torture. The state-sanctioned use of torture creates a normative framework in which torture becomes acceptable. Torture sends the wrong message about what a free, open, and enlightened society should be. Even if torture is only acceptable in extreme circumstances, as with a suspect who might know something about an impending terrorist attack, who decides when and what type of torture should be used? There is too much potential for abuse of the moral loophole with regards to torture. If the United States hopes to be a role model, then torture cannot fit into its intelligence methods.
Torture falls under the category of cruel and unusual punishment, however circumstance can sway the attitude towards the use of torture. The most prevalent example in society, as well as the one used in the article “The Torture Debate” by Philip Rumney and Martin O’Boyle is terrorism. Based on the information presented in the article I agree that a legalized torture system should be developed under specific
The definition of torture is perceived differently to every person. In this dispute, the two opposing sides are generally immovable. Many claim that it is not an effective tool, it is downright wrong, and it just does not work, while the other side claims the opposite. The argument “The Gray Zone: Defining Torture” by Barry Gewen examines the controversial issues that erupt from the touchy topic of torture. Gewen writes a successful and persuasive argument for his favorable position towards torture as an effective mean for gathering information and halting life-threatening situations which he does through his use of strong premises, logos, and ethos, building him a credible and structurally sound argument.
The United Nations defines torture as any act by which severe physical or mental pain or suffering is intentionally inflicted on a person for such purposes as obtaining information or a confession, or punishing a person for an act that he is suspected of having committed. Torture also includes intimidating or coercing a person for any reason based on discrimination of any kind when a person acting in an official capacity inflicts pain or suffering (Convention Against Torture para. 2). Although some people believe that torture is acceptable, in reality it is neither an acceptable nor a reliable method for obtaining information and should not be continued.
In the United States, one of the major methods in obtaining crucial information has been through the use of Guantanamo Bay. While many have condemned of the torture that is believed to occur there, not only does Guantanamo Bay comply with national and international standards, but it also complies with Common Article 3 of the Geneva Conventions (Meese 1) which states