Mustang:
As I asked, please provide your definition of "torture." Let's see if we can agree on a definition first, to avoid speaking past each other [as it were].
But until then, you are partly correct. I have never denied and so have never said that the skill [and stamina] of the interrogator is a rather crucial item in our equation. On the other side, as I am sure you will acknowledge, the skill of the one being interrogated is also rather crucial. With that in mind, you said that torture won't be required if all else falls into place [my reading of what you said, if I am wrong in that regard, then please correct me]. I disagree with that premise, since some undergoing interrogation are what the late Dave Hackworth and I would call "hardcore" and so would sooner die than betray the cause [as it were]. And if they've not only that attitude, but have undergone proper counter-interrogation "education", your job becomes rather difficult. Do you remember someone by the name of Bobby Sands? I would suggest that you read his, The Skylark Singing Her Lonely Song [a compendium of his prison experience[s]], and so come to know the mental state of one who will tell them nothing and undergo voluntary starvation unto death in order to serve the cause. If Bobby knows something we don't, do you really think that all our "games" are going to get him to tell us what we need/want to know? Bobby understood that one keeps to the script and never deviates from it, and so our [and the Brits] interrogation will not lead him into unknowingly giving us valuable intelligence under the guise of him believing that he is actually serving the cause [kind of like when lawyer me tells his client, keep to the script and never let your mind wander from it, 'cause when you do, someone else is going to take you in a direction that you truly don't want to go, and what you thought was to your good will turn out to be your suicide]. So either adhere to the script, or tell them nothing [with the telling them nothing being an obvious self-preservation mechanism re one's mind wandering where it ought not to go, or should I say, don't succumb to the temptation to talk, as the persons you are conversing with do not have your best interest at heart but are only bent on your destruction (a handy thought to have about)].
And in addition to the The Skylark Singing Her Lonely Song, I would ask that you read either the PIRA's "Green Book" or such excerpts as appear in Tim Pat Coogan's The IRA: A History. Here's a link to Tim Pat:
http://cain.ulst.ac.uk/othelem/organ/docs/...an/coogan93.htmAs you can see, much time is spent "indoctrinating" the recruit in "history". As I am sure you know, such is not so that little Patrick can score an A on his Irish history test, but so that little Patrick has rather completely and wholly internalized [as it were] the notion that his cause is firmly grounded in both history and morality [and that he will be betraying the same, in a most vile and despicable manner, should he not adhere to expectations]. And as the intro part of that chapter makes plain, the reason why that is important:
"As we have seen (on pages 578-81) the I.R.A. prepared a structural plan based on the cell system which became public when Seamus Twomey was captured in 1977. The report found on him isolated the I.R.A.'s central problem as follows.
The three-day and seven-day detention orders are breaking volunteers and it is the Republican Army's fault for not indoctrinating volunteers with the psychological strength to resist interrogation."
Please do not take this the wrong way [as it were], but is any success on your part owing to your successful interrogation methods, or instead to the failure of some others in not indoctrinating volunteers with the psychological strength to resist interrogation? The PIRA seems to have its answer to that question.
And recall what I posted here in some other thread about some viewing the homicide/suicide bombing as an act of religious devotion/worship. Just what we need, martyrs. Maybe that's not something an atheist or agnostic can understand, but as one who has a faith, let me simply say that while notions of nationalism and patriotism are one thing, notions of homicide/suicide bombing and tell them nothing as an act of religious devotion/worship is a whole other matter. And it probably explains many of those that we've done to death via the use of what you, me, and some others would call "torture" and/or "cruel and unusual treatment." I, for one, am under no illusions, and like what the late Admiral Chester Nimitz said in relation to the Japanese following Pearl Harbor, we must not again underestimate al-Qaeda, as well as all those others who wish to do us evil/harm. And my guess is that your own experience probably otherwise operates to validate my point in this regard.
And notice what I never said. I never said that we start off with the rack and the hot pincers. We reserve that for the rather extreme circumstance, and then we go to confession and confess our sin [and by way of excuse and/or mitigation and/or mere acknowledgment of the existing reality, simply admit that in certain circumstances, we are not strong enough to refrain from the same when the lives of others are hanging in the balance]. There is otherwise no need to remind me of the morality or immorality of it all, since as a lawyer, I have spent the better part of the last decade trying to get judges, lawyers, and my clients to understand, why the law. I usually refer to Clancy's Patriot Games, wherein Dan Murray says to James Owens: Sometimes we're too damn civilized, to which James Owens responds: The alternative, Dan, is to become like them. And with that there's also Picard's words in Pen Pals, to the effect that not the least of the reasons for the prime directive is the reason that it serves to protect us from ourselves. And so the law against torture is not to protect Osama, but as Sgt. Highland thought, to protect him and I from taking that small step back to the rack and the hot pincers [and accompanying mental state]. And if that doesn't work, there's always Uri Dan's contribution to the work, 90 Minutes At Entebbe, to wit, that nobody really knew how to handle the so-called War of Attrition, since in fighting such terrorism there is always the danger of losing your own sense of right and wrong. But to make that proverbial long story short, we have the law because of me, i.e., there is a law against homicide on the books because I am a murderer [and so I also needed to be told, You shall not murder...and some other things as well].
Now, on to Ms. Batha. You said that her remarks do not support my claim. May I simply suggest that you are in error? You might very well be correct if we were looking at things through the eyes of the North Korean regime. But Ms. Batha said that the victims acknowledged its effectiveness. I, for one, don't think that such means that they meant to say that their coerced confession was successful in convicting them in a show trial [as it were], which appears to me to be your premise. I think instead that our victims meant that they had resolved to not cooperate and be coerced, but ended up spilling the proverbial beans or otherwise found themselves rather willing to acknowledge and/or execute a fabricated statement of confession. The latter is the error that results from torture, as you and some others have correctly reported, while the former is an example of torture being effective. But either way, and to make the single point, their will to resist was broken, and that, and not necessarily the truth of the matter, is the purpose of "torture". And as we otherwise both agree, torture or no, we still need to check on the veracity of those things disclosed, and never mind if such occurred during the "Bell Telephone hour" or over an ice cream sundae and/or cookies and milk. And that's where the mistake is made. Torture is not designed or intended to get the truth, per se, rather, as related, it's designed to break the will. And since it bears repeating, torture or no, some have reason to lie and will have no qualm in doing so, so, torture or no, the veracity of the disclosure[s] will always have to be checked.
And you mentioned "lead[ing]" the subject of the interrogation. But while that is one thing that we might very well want to do [lawyers do it on cross-examination via so-called "leading questions."], there is another objective, at least in some instances. Isolation. Dependence. Impotence. Control. Four words of critical import to the human spirit [assuming that one believes such to exist]. I do not picture sleep deprivation as necessarily "leading" anyone to anything, I picture sleep deprivation as also being designed to operate by destroying [not "disorienting"] the interrogated's will to resist [as I said above, and referring back to the language used by the PIRA in its "Green Book"]. And since sleep, a good night's worth, is a human necessity, well, I don't necessarily need to disorient, as I would be just as successful, if not more so, if I have him begging me to tell him what it will take in order for him to be able to get some sleep. When that thought is genuinely his, then he is mine, as I am in control of his enjoyment of that basic human necessity that we call sleep and he "knows" it. And if you don't believe, please read the quote from Biko below, on my sig. line. [as, presumably, you yourself recognize by use of "cognitive manipulation"]
I have otherwise heard that we have had people in custody, throughout our history, wherein the circumstance prior for the interrogated was such that all it took to crush the will to resist was a simple act of human kindness [a decent meal, a warm bed, etc.]. So don't think that we won't be exceptionally kind if that's what the matter calls for. And here's the false morality that I object to, to wit, if properly understood, if the value we are trying to protect is the individual's living according to his own "free will and rational intellect" [to use the legal phrase], then there is zero moral and legal distinction between the sleep deprivation and my rather insidiously taking advantage of someone's prior abject condition by way of offering and showing kindness for purposes of obtaining a "confession."
May I ask a question? What do you mean by "verifiable intelligence." I mean, there's all sorts of "intelligence." And to further relate my question to the above, the other side of the coin is, as I stated, the "need to know." As the "Green Book" makes clear, it isn't just because we might be tortured that we aren't told and so don't know, it's also because we might get drunk and toss discretion to the wind, or, for fans of the West Wing, maybe we tell our lover things she has no business knowing [both examples of that old adage, loose lips sink ships]. But as I am sure you can appreciate, as a counter-intelligence technique, we not only have the "need to know" as a matter of just who gets told, but WHEN they get told as well. So as concerns "verifiable intelligence," we get less of the kind that will allow us to foil particular and specific insurgent operations as the enemy learns to understand that they should not only be restricting the flow of info within their organization, but also with respect to the timing of that spread of info as well. I mean, if it takes your "cognitive manipulation" a week to work, but the insurgents have designed their particular and specific operations such that the "usual suspects" won't be provided the operational details/plan until three days prior, then your "cognitive manipulation" will not be so successful.
And as I said, torture is neither for every person nor for every circumstance. By way of example, I would hope that one of things that we take to be important is the matter of knowing what makes our enemy tick [as it were]. Presumably, that does not need to [nor can it] be accomplished via the infliction of "torture." Time for the milk and cookies, and the question, please tell me about your movement, what are you trying to accomplish?
Now, a question. Joe McCarthy. Not so pleasant a man, but he was right, to a certain extent. There were spies, one of whom was Kim Philby. So posit that we've uncovered Kim Philby, and we know from other info/sources that Kim is not the only agent/spy working for the British government and passing on info to our enemy/enemies. We and the Brits make up the largest part of the UN forces in Korea. And we have battles taking place and people dying every day. And we know, as I said, that we don't just have Kim, but some others as well. Tell me, if Kim truly doesn't want to give up his two buddies, what is your "cognitive manipulation" going to accomplish? Assuming of course, that Kim is "hardcore" and will not lose faith in his cause. You can fool and trick [as it were] people into mistakenly divulging information that they don't want to divulge, but that doesn't work so well with respect to learning the names of people. And given Kim's higher education and his dedication to the cause, I suspect that he won't say anything at all that would even remotely begin to implicate the two other spies [I would expect that if he talked at all, that it would be to lead us, yes, as you now, they can "lead" as well, so he'll be leading us in another direction [the misinformation related in my prior post].
So what do we do with Kim? How many soldiers [UN, NK, Chinese] will have to die because we have qualms or are otherwise squeamish about torturing Kim in order to find out the identify of the two other people who are passing on some rather valuable info to our enemy/enemies?
And back to false morality. We didn't torture Kim, nor his associates. But the CIA and Hans Tofte took out that ship carrying medical personnel and supplies to the Chinese/North Koreans. And by took out, I mean to say that Hans worked with his old acquaintance, General Chang, to conduct what can only be called an act of piracy on the high seas. So, with CIA personnel safely tucked away below deck, some "pirates" stopped and boarded this ship in what was and is called Operation TP Stole. The "pirates" removed the medical supplies and personnel from the ship and then let the ship sail on its merry way. Hans says that the medical supplies were given to the Nationalist Chinese as recompense for their labor and expense, and does not otherwise speculate on the fate of the medical personnel, who have never otherwise been seen or heard from again. But according to most, including Hans, Operation TP Stole delayed the planned Chinese offensive until after General Matthew Ridgway had had time to reorganize the 8th Army [and other UN forces], and most importantly, its artillery, and so when the Chinese did later commence their offensive, they were, quite simply, blown to bits by UN/US artillery. And now to ask the question, was Operation TP Stole justified?
And for one more example, submarine and anti-submarine warfare. As you presumably know, a submarine needs to be undetected to not only do its job, but to survive. So, what does Captain You do when faced with the possibility of the survival of persons who will most assuredly give your position away? We executed the German U-boat captain after the war for his doing so, but did not do so to our own sub commander who did the same [he was commended and publicly honored]. And the aforementioned Admiral Nimitz most likely saved the life of Admiral Karl Donitz, by informing the appropriate authority that the American Navy had also operated on the same principle, espoused rather soon after Pearl Harbor: Execute unrestricted submarine and air warfare against Japan. Need I say that such order would be, today, in violation of several provisions of applicable Geneva conventions? At the time, it violated the 1930 agreement that Japan, Britain, and the United States would each ensure that its submarines would not sink merchant vessels without having first placed passengers and crew in a place of safety. And at that time, Japan had not broken that 1930 agreement.
And re the unrestricted air warfare, in 1938, the State Dept. reported that air bombardment of civilians was "in violation of the most elementary principles of those standards of humane conduct which have been developed as an essential part of modern civilization." And Secretary of State Cordell Hull had himself said that incendiary raids "inevitably and ruthlessly jeopardize non-military persons and property." But that didn't stop General Curtis LeMay from deciding to adopt the strategy of incendiary, night raids against Japanese cities and other targets.
Now, for the question and answer bearing on false morality, what won the war against the Empire of Japan? Answer: Our fathers and grandfathers did their duty and execute[d] unrestricted submarine and air warfare against Japan, and so it was that our forefathers and the submarine and the plane conquered the Empire of Japan and won victory in the Pacific. Somehow, I don't think that many here who report that torture is never justified understand that much of their rationale for saying such also serves to condemn the "Greatest Generation" and its victory over fascist, totalitarianism.
And to further relate this part to torture, as someone not so fond of torture wrote [http://www.ksg.harvard.edu/news/opeds/2004/ignatieff_torture_ft_051504.htm]:
"To take the measure of Abu Ghraib, we need to widen out our reflections, think about the moral nihilism of torture and why - this is the most painful question - torture remains a temptation, even a supposed necessity, in a war on terror."
Yeah, a painful question, as unrestricted submarine and air warfare remains a temptation, even a supposed necessity, in a war on terror.
And the author might try to reconcile the order to execute unrestricted submarine and air warfare against Japan with his comments here:
"Liberal democracy stands against torture because it stands against any unlimited use of public authority against human beings, and torture is the most unlimited, the most unbridled form of power that one person can exercise against another."
That last part is mere hyperbole, but when it comes to the UNLIMITED use of public authority against human beings, again, the order was, Execute UNRESTRICTED submarine and air warfare against Japan [remembering, of course, that my dictionary defines "restrict" as "to keep or confine within limits"]. Maybe we should otherwise ask our author to jump into H.G. Wells' time machine, and go back in time to WWII in the Pacific. Let him see how much fun it is to stop, board, and then escort to a place of safety the crew of the Nissan Maru.
And for more on false morality:
"But the cases are not the same. A liberal society that would not defend itself by force of arms might perish, while a liberal society that refused to torture is less likely to jeopardise its collective survival. Besides, there is a moral difference between killing a fellow combatant, in conformity to the laws of war, and torturing a person. The first takes a life; the second abuses one. It seems more legitimate to ask a citizen to defend a state by force of arms and, if necessary, to kill in self-defence or to secure a military objective, than it does to ask him to inflict degrading pain face to face. On this reading of a democratic moral identity, it may be legitimate to kill in self-defence, but not to engage in cruelty."
Ask him to inflict degrading pain face to face? You mean like our German Wehrmacht friend who killed our Jewish American US Army friend by stabbing him in the chest with a knife in the film Saving Private Ryan? Remembering, of course, that death by intentional killing is the ultimate degradation, all attempts to substitute Newspeak for English to the contrary. And never mind that the comparison itself fails because other than Grenada, I cannot recall a US war [as it were] wherein the civilian casualties did not exceed that of the nominal combatants.
And from this same author, the point that I was trying to make, and why I asked you to define the word "torture":
"The interrogation methods of which the Americans have been accused since 9/11 were, until the latest round of allegations this month, held to include nothing worse than sleep deprivation, permanent light or permanent darkness, disorienting noise and isolation. If this were true, if interrogation remained free of physical duress or cruelty, it would amount to coercion, rather than torture, and there might be a lesser evil justification for it."
So is it torture? Or coercion?
And back to the false morality:
"The problem with torture is not just that it gets out of control, not just that it becomes lawless. It inflicts irremediable harm on both the torturer and the prisoner."
Gets out of control? Doesn't that explain why some claim that as wars go on, the tendency is for the killing to become just that much more indiscriminate? And certainly, the death of the enemy is irremediable to him, and I'll let those who served state for themselves what the killing did to them [and by "the killing", I am referring to those they may have killed, and their comrades who were killed].
And please note the discussion by that author of how, even though it ruled against certain practices denominated "torture," the Israeli Supreme Court accepted that there were in fact certain instances wherein the information gained as a result of physical torture did indeed save lives.
And may I just say that I agree with most of this:
"...we must stress, first, that while conscientious people may disagree as to whether torture might be admissible in cases of necessity, all will agree that torture can never be justified as a general practice. The problem lies in identifying the justifying exceptions and defining what forms of duress stop short of absolute degradation of an interrogation subject."
And the author is entirely correct here:
"Any liberal democratic citizen who supports the torture of terrorist suspects in ticking-bomb cases must accept responsibility for the psychological damage done to victim and interrogator."
Which explains, among other things, my reference to confession and confessing above.
And back again to the false:
"The experience destroyed his trust: "Someone who has been tortured is never capable of being at home in the world again.""
And so with some of us who have witnessed the killing of other humans, even when done in "self-defense."
And for more of the same:
"Amery also insisted that torture should be viewed not in individual terms as the psychosexual aberration of particular torturers but as a key to the identity of the society responsible for it. He argued that torture was not an incidental feature of the Third Reich but the essence of its view of human beings."
So, we are Nazis [though I don't see any mobile gas vans, ovens, and crematoria]. And perhaps the author should ask those who served and fought why our flyboys didn't shoot down other pilots, but other planes [and so the view of the human wasn't changed, rather, the human was eliminated from the reality, and it does not get any more dehumanizing than that, and that's one of the horrors of war].
Lastly, what's wrong with failure? Is it a pride thing, or does one expect to succeed and/or be victorious on each and every occasion? And a case could be made that a failure to recognize failure is just that, a further failure. And as I've remarked re the "hardcore," is not possible to admit that his powers of resistance are more formidable than our powers of "cognitive manipulation", at least in some instances? And maybe the insistence, in all instances, on continued "cognitive manipulation," gets read as he fiddled while Rome burned.
I, for one, can only hope that some of us are willing to accept a certain amount or degree of failure, and plan accordingly. The Japanese almost never did, and when they did, it was rather late in the day [as it were], and so they wasted away some rather precious lives and resources when it would have been in their strategic and tactical interest to concede failure and plan accordingly. As an initial example, Guadalcanal, the "Island of Death" [the English transliteration of the name given by the Japanese soldiers who served there], was one such instance. Rabaul is another example [which witnessed the destruction of the last competent remnant of the Japanese Navy's air arm].
Sorry, one more. Again, what is "torture?" Some rabbis think [i.e., Rabbis For Human Rights]:
"The purpose of torture is to remove a person's pride, humiliate them, or make
their lives so painful that they say or do whatever the interrogator wants."
If that defines torture, then what about sleep deprivation? Didn't you say that the purpose was to "disorient?" Can't we do that without having any intent to injure or remove a person's pride, humiliate them, and make their life so painful that they say or do whatever the interrogator wants? How much pain, etc., is involved in sleep deprivation? And is there necessarily going be more removed pride and humiliation in the case of the sleep deprived detainee, as opposed to another detainee who was not sleep deprived [doesn't that depend on the particular mental makeup and/or outlook of the detainee]? And what about war itself? Isn't war torture by the above definition? As near as I can discern, the purpose of war is to effect the capitulation or surrender on the part of the conquered, to the demands and will of the conqueror [unless, of course, one plans on winning the war via the annihilation of the opposition]? And so, in war, we injure pride, humiliate our enemy, and otherwise try to make their lives so "painful" that they lose the will to resist and submit to our demands. So maybe war itself is torture, and while I don't want to excuse or justify the same as a general proposition, we might consider, as I related, the false morality of it all.