The Ethical Dilemma of Using Torture to Counter-Terrorism - Literature review Example

Executive Summary The ethical dilemma of using torture to counter terrorism Torture, which is a present day ethical dilemma in the international affairs , is defined by the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) as "any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity." The Convention makes clear that "no exceptional circumstances whatsoever" may justify any kind of act of torture. Torture and coercive interrogation are being used today by governments and organizations to keep themselves in power, enforce a particular political philosophy, and carry out sadistic agendas at a large scale or simply to extract information. It involves deliberately inflicting physical or mental pain on a person and may also include threats to family and loved ones. For centuries this coercive technique has been used as an important tool in power affairs however there is no doubt that inflicting injury, be it physical or emotional, on an individual with the sole purpose of extracting certain information is wrong, unethical and negates the international humanitarian laws and policies which only promote peace. The UN convention against such acts condemns torture even in grave situations such as war or while fighting terrorism. As the Foreign website of UK states, being a major signatory to UN Convention against Torture, "Torture is one of the most abhorrent violations of human rights and human dignity,”. Inhumane acts of torture which cause severe suffering and injuries to not just the body but also mental health of a person are prohibited under international criminal law and considered as war crimes. However, with all the condemnation and prohibition, torture is still widespread globally. In the recent years torture is being questioned for its absolute wrongness and is being justified. There is a contrary belief to the unethical act of torture which argues that for greater good torture is acceptable. This has arisen from the need to counter the growing threat of global terrorism and defense of the free world from the potential terrorists. Since the beginning of time all the great civilizations such as the Romans, Egyptians, Persians and Greeks have used the severe methods of inflicting torture and even the Church at one time considered it an acceptable part of armory. Just like in the current world, torture has always been despised and condemned as an idea however it has numerously been employed as an important tool. It is a historical fact that the period known as the Middle Ages stands out as one­ of ­the most violent eras in history. The plethora of torture methods which were prevalent in this epoch were probably the worst of its kind. There were many grounds of torture during this time – criminal punishments, religious fervor and extraction of information are some. In his 1975 book "A History of Torture in England," L.A. Parry tried to explain this peculiar phenomenon: "...What strikes us most in considering the mediaeval tortures is not so much their diabolical barbarity … as the extraordinary variety, and what may be termed the artistic skill, they displayed. They represent a condition of thought in which men had pondered long and carefully on all the forms of suffering, had compared and combined the different kinds of torture, till they had become the most consummate masters of their art, had expended on the subject all the resources of the utmost ingenuity, and had pursued it with the ardour of a passion." (Parry, 29) The Brazen Bull, Thumbscrews, the rack, the wheel and the stake are some forms of insidious torture techniques and machines used in this medieval period. Torture was prevalent in the judicial and political systems in Europe till the age of enlightenment when it was finally abolished. . The history of torture associated with terrorism in the contemporary world, however begins from the late 20th century when this method of imposing severe pain on someone for certain benefits began against terrorists and not just the prisoner of wars, suspected insurgents and political prisoners. In the 1970s and 1980s terrorism was beginning to be identified as form of violence and thus began the use of torture against terrorist to counter terrorism. It has emerged as a means of preventing terrorism and within a few decades has developed into a useful yet an immoral and ghoulish tool of war. Many international laws were created after the chaotic and devastating effects or the WWII with the aim of preventing the repetition of atrocities that took place during the early 20th century. There was a common agreement among the states to uphold human dignity in all circumstances. These laws which are an evidence of a general will against use of torture are embodied in documents such as the Geneva Conventions, Conventions against Torture, Universal Declaration of Human rights and also the International customary law. Despite the presence of these laws, the onset of global war on terror ignored these laws and conventions and once again United States along with allies thwarted the long standing international agreements against terrorism, torture, detention and interrogation. They believed the war on terror brought the world to face a new enemy which had to be dealt with a new way of thinking and laws thus challenging the international laws of human rights and ethics of international affairs. Torture and terrorism became the major tools in war against terror. Through shrewd reinterpretation of international laws which addressed detention and interrogation policies U.S established off shore CIA prison systems which were not to be touched by any international law and bore no accountability. This action of the U.S government which was passed as a resolution in 2001 by the American Congress under the President George W. Bush has created a new dilemma in international affairs and ethics. The prisons allocated for interrogation are referred as black sites and are located in many parts of the world such as Afghanistan, Eastern Europe, and U.S’s military Guantanamo bay compound in Cuba. The most gruesome and deadly violations of human rights are known to be practiced against the suspected terrorists here leading to debates against the legality of these prisons and USA’s commitments to Geneva conventions and Convention against Torture. The information regarding the treatment and conditions of these prisoners is classified and made available to only small groups within CIA and the White House. These groups have allowed high coercive techniques against detainees which are termed as ‘ enhanced interrogation techniques’ including water boarding, which encouraged drowning and also water dousing which is torturously placing detainees in cold rooms under prolonged stress, forced liquid diets, deprivation of sleeps, noise and light bombardment etc. The U.S. governments validation for the detention, interrogation, and captivation of suspected terrorists was given through a memo composed by Justice Department in August 2002. According to the memo, the Justice Department guided the government to defend the gruesome acts of torture on so called terrorists by stating that if any official was to torture a suspect of terrorism he would be doing so to protect the people of USA against any further attacks from the Al-Qaeda network. The use of torture as self defense served to provide justifications to these heinous acts and eliminated the vile elements from these acts. This justification for the detention and interrogation using coercive measures, of the US government and torture upon suspected criminals infected not only the United States, but almost every country in the world. The numerous instances of torture by the US witnessed and narrated by officials present have had a corrosive effect on the respect of human rights around the world and greatly encouraged further acts of violence as misconduct of US led others to feel they have a license to violate international laws. These practices have also increased security threats for the citizens of America and allied states. Torture has also triggered negative long term consequences which include devastation of lives of the tortured, increase in radicalization of the conflict and a depressing effect on the society as a whole. Use of torture and justifying the means and usage risks morals and ethics of the society undermining the rule of international law and human rights standards. (Holzinger, n.p.) It is required that USA must adhere to the professed values and ethics. It is also recommended that such acts of torture and violation of humanitarian laws must be brought to an end to encourage peace and strengthen international compliance with a universal standard of human rights. On smaller scale rehabilitation programs for victims of torture must be initiated and lastly, awareness regarding ethics of international affairs and war crimes must be created using all forms of media. Bibliography Holzinger, Astrid. "Can the Use of Torture in the War on Terror Be Justified?" EInternational Relations. N.p., May 2012. Web. 24 Feb. 2014. . Parry, Leonard A. The History of Torture in England. Montclair, NJ: Patterson Smith, 1975. Print. BBC News. BBC, n.d. Web. 21 Feb. 2014. Read More