ETHICS AND THE ENHANCED INTERROGATION TECHNIQUES
Introduction
The military and the government security organs normally apply numerous methods in obtaining critical information about criminal activities. Some of these techniques are considered acceptable by the human rights and other non-governmental organizations while others are considered as violating the human rights as stated by the constitution of major countries and states. There has been a strong debate on the use of these techniques and many have defined them as torture.
This paper considers the application of enhanced interrogation techniques and establishes the ethicality and necessity of applying them in the fight against terror to obtain vital information. The ethicality is discussed with reflection to the five frameworks of ethics.
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.
According to BBC (2014, n.p), President George W Bush,
Torture is something that is known as wrong internationally. Torture is “deliberate, systematic or wanton infliction of physical or mental suffering by one or more persons acting on the orders of authority, to force a person to yield information, to confess, or any other reason” (World Medical Association, 1975, pg.1). There is a general consensus that there is a right to be free from any kind of torture as it can be found in many different human rights treaties around the world. The treaties show that all of the thoughts about torture are pointing away from the right to torture someone no matter what the case
In the article, “Laying Claim to a Higher Morality,” Melissa Mae discusses the controversial topic of using torture as a part of interrogating detainees. She finds the common ground between the supporting and opposing sides of the argument by comparing two different sources, “Inhuman Behavior” and “A Case for Torture.” Mae includes clear transitions from each side of the argument and concise details to ensure that the essay was well constructed. The purpose of the essay is clear, and it is interesting, insightful, and unbiased.
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
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.
The coercion and torturing captured terrorist is needed to protect national security in the war against terrorism. There are numerous justifications why the coercion or torture of terrorist is normally a lesser evil than the preventable mass murder of innocent victims (Slater, Summer 2006).
Torture has been a sensitive subject in our government and among the people of the US. The article “Torture is Wrong-But it Might Work” Bloche about how even though torture is not moral to some, it can still provide effective results because of advanced techniques and psychological studies. He goes on to say that many believe it is effective but others will say it does not provide adequate results in interrogation efforts. Senators such as John McCain (R-Ariz.) believe it does not help at all; however, other government officials, such as former attorney general Michael Mukasey and former vice president Dick Cheney, believe it does (Bloche 115).
Enhanced Interrogation Techniques have their situational uses. One major claim is the lauded Ticking Time Bomb scenario in which the case is laid out in a needs of the many versus the needs of the one format. The premise as given by Bob Brecher is thus, “Suppose there is good reason to think that someone has planted a bomb in a public place. And suppose there is good reason to think that it is going to go off in the next two hours or so, and that it is going to kill and maim dozens of people, maybe hundreds. The question is all too real. Imagine, to bring the example closer to home, that the police or the secret services had known that bombs were shortly to go off somewhere in Bali, Madrid, Lonon or Sharm-el-Sheikh in the attacks of 2004 and 2005. But no one knows where the bomb is – except one person, who is already in custody. Naturally they have no intention of revealing where the bomb is. Maybe they have planted it themselves; maybe not. Either way, they remain silent. Should they be tortured to force them to reveal where the bomb is?”(Torture and the Ticking Bomb 1). In this scenario there is substantial moral justification for torture. Consider this, law enforcement believes that torturing the target will save
The United States is considered one of the most powerful countries in the world. They have a well organized and trained armed forces. But, they were built with principles and moral standards. According to those rules, people could not do what they pleased all the time. The paper signed by the founding Fathers is, the Constitution of the United States, which prohibits the enforcers of the law to torture. Yet, it is still done. There is no straight statement that prohibits torture. An arguement of whether it can be legal or not is made, for the use of, retriving important information, the use of the 8th amendment and how 9/ 11 change some perspectives.
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
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
The appeal of the McCain-Feinstein amendment is its comparatively restrictive nature. In the words of constitutional law professor, David Cole, with particular reference to the past actions of the Bush administration, ‘the new legislation seems designed to prevent future administrations from interpreting existing laws to permit what they were plainly designed to prohibit’ (Cole, D 2015). In other words, the amendment approaches the problem from a different perspective in contrast to previous prohibitions. Rather than expressing a broad prohibition, it restricts interrogators to a definitive list of approved techniques (Feinstein, D 2015). This approach, thus, essentially avoids the ambiguity that has become an enduring quality of international human rights law in relation to torture (Cole, D 2015; Levinson, S 2015, pp. 2017-2018). In succinct terms, if a technique is not authorised, it is affirmatively prohibited. To this avail, in stark contrast with its predecessors, this legislation may yet prove to be instrumental in the prevention of torture.
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
The practice of torture by United States officials has become one of the most controversial elements of military history. The debate of its use in gathering intelligence has been particularly prevalent since the Bush administration. Most recently, a detailed and graphic scene of torture was presented in the movie Zero Dark Thirty. Proponents for the use of torture state that it is necessary for intelligence gathering and that ethics should be waved aside. Opponents argue that it is not becoming of American practices and it is not a reliable source for intelligence gathering. The public debates on this issue have forced policy makers and military officials to look at whether or not torture, particularly waterboarding, should be legal. The
In 2002, the Office of Legal Counsel responded to the President’s request of exploring the question whether American officials have the right to use torture against suspected terrorists. Assistant Attorney General Jay S. Bybee of the Office of Legal Counsel not only legalized the use of torture for U.S. officials but also defined torture in the narrowest way. He defines torture as inflicting physical pain, or any serious physical injury such as failure of organs or at the most
In this article, Andrew Sullivan, is an advocate for the abolition of torture against terrorist in the United States. During the time that this article was written, the McCain Amendment (which banned torture) was on a political limbo. What this author talks mostly about is the choice that we have to make things right, therefore ban the use of torture against terrorist. This debate takes place after Bush administration defined "torture" and permitted coercive, physical abuse of enemy combatants if "military necessity" demands it. Also after several reports found severe abuse of detainees in Afghanistan and elsewhere that has led to at least two dozen deaths during interrogation, secret torture sites in Eastern Europe and innocent detainees being murdered.