Is There Always Another Way To Get Information?

Monday, November 7th, 2005

Mark Bowden (Black Hawk Down) asks, Is There Always Another Way To Get Information?:

Abu Ghraib has hurt the American mission in Iraq more than any insurgent bombing or beheading. So it is terribly important that we not accept mistreatment as inevitable, and we should do everything in our power as a nation to make sure that those who break the rules are appropriately disciplined. Congress ought to pass Sen. McCain’s provision and the president ought to make a great public show out of signing it. But we also need to realize that prisoner abuse, like collateral damage in a bombing campaign, is one of those things that will happen whenever the country — any country &mdsash; goes to war. ‘Atrocities follow war as the jackal follows a wounded beast,’ wrote John Dower, author of ‘War Without Mercy,’ an unflinching look at racial hatred and atrocity on both sides between America and Japan in World War II.

The White House’s objection to Sen. McCain’s provision has little to do with Abu Ghraib or widespread prisoner abuse; it concerns the smaller piece of the torture debate, the ‘ticking bomb’ scenario. The administration wants to protect the flexibility of the CIA, and of military special ops interrogators, to coerce intelligence from rare captives like Khalid Sheikh Mohammad, chief engineer of the Sept. 11, 2001, attacks and operations chief for al Qaeda.

Despite the moral assurance of a television show like ‘Commander in Chief,’ this question also has no easy answer. If there were ‘always another way’ to get vital, potentially life-saving intelligence, as the show suggested, or if coercion always yielded bad information, cruelty would be completely unnecessary and virtue would cost nothing. We could treat all captured terrorists as honored guests without sacrificing a thing. But in certain singular instances coercion is necessary and appropriate.

The point the White House is missing here is that even with important captives like Khalid Sheikh Mohammad, official authorization for severe interrogation is not necessary. Just as there is no way to draw a clear line between coercion and torture, there is no way to define, a priori, circumstances that justify harsh treatment. Any attempt to codify it unleashes the sadists and leads to widespread abuse. Interrogators who choose coercive methods would, and should, be breaking the rules.

That does not mean that they should always be taken to task. Prosecution and punishment remains an executive decision, and just as there are legal justifications for murder, there are times when coercion is demonstrably the right thing to do.

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