Disclaimer: I don’t know jack about foreign policy or matters of national security, so take this post for what it’s worth.
Will Wilkinson got me thinking (as he usually does) with a recent post in which he denounces Americans who advocate, or even tolerate, the military’s use of torture:
That so many Americans are so ready to rally around the most vile, most obviously illegitimate arm of the American state is evidence for the proposition that patriotism is a tool for rendering a people ready to torture and kill at the state’s behest, or to tolerate it. I am disgusted that people who pretend to care about liberty are not disgusted.
My instinct is to wave the banner of peace and emphatically agree with Will. And for the record, I believe that in most situations the use of torture (or “enhanced interrogation methods”) by representatives of the state is abhorrent. I say most situations in order to allow room for a Jack Bauer-type of character to do whatever it takes to keep a nuke from detonating in Manhattan, or whatever kind of far-fetched, only-in-television scenario you’d like to imagine.
But what if (and I’m being purely hypothetical, here) those interrogators actually believed that they were in an extreme situation similar to those found on prime-time dramas?* Imagine that you were an interrogator, that some large-enough number of people were facing imminent death, and that you believed the person you’re interrogating had information that might help you prevent those deaths. I have very little doubt that 99% of humans would be capable of inflicting a kind of harm that would make Eli Roth queasy, if they believed it could save some large-enough number of people. Hell, any parent could bring unspeakable horrors against another human if they thought their child was in danger. So I wonder if our collective hesitancy to insist that this torture scandal be continually in the spotlight is due, in part, to the understanding that, while a certain action can be unjust and morally reprehensible 99.99% of the time, there are those very few, highly unlikely situations where we know our own sense of right and wrong would easily succumb to panic, emotion, or even a utilitarian formula concerning the quantity of lives saved. Perhaps we’re hesitant to admit that we’d really like to leave that option on the table. (Author’s note: as a general rule, whenever I write about society using a lot of “we” and “our,” I’m being purely speculative).
On the other hand, and more seriously, extreme cases rarely justify the general case. Public figures who subscribe to this “by any means necessary” approach to interrogation really are a disgrace. There’s absolutely no justifiable reason for either a government or a society to openly advocate the torture of prisoners, especially, as Will rightly points out, when that society claims to uphold liberty as a core value. There are some practices that a just, peaceful, and free society cannot condone; abandoning all sense of empathy and treating humans as bags of meat is one of them.
But what about serious matters of national security? What if that extreme situation really does happen someday? Well, as I said above, if an individual finds himself in that type of scenario, I’m pretty confident that he’ll go “Jack Bauer” on whoever he has to in order to get the information he needs. The key word there is “individual.” Consider two cases: 1) an interrogator from a military with a pro-torture policy, and 2) an interrogator from an anti-torture military. In the same set of extreme, thousands-will-die circumstances, there isn’t much practical difference between the two: the accused gets tortured either way, and thousands of people are saved (or not, if the accused really didn’t have any credible information). Morally though, the difference is huge. In the first case, the state, the elected officials, and implicitly, the people condoned/endorsed torture; in the second, one individual had to make a tough choice. The first case results in the rest of the world being pissed at all of us, while the second results in you and I not being held responsible for the torture of a human being.
In my humble opinion, a world where individuals are left to make tough choices is vastly preferable to one where people’s choices are made for them and called “policy.” (Oh snap, I think I just outed myself as a libertarian.)
*For the record, I’m sure Lynndie England et. al. were just really, really nasty people who were unqualified to be in charge of prisoners, so to be clear, I’m not referencing any real acts of torture that the U.S. has carried out.